Senate Bill No. 442
(By Senators Walker, Helmick, Anderson, Bailey, Plymale and
[Introduced February 20, 1995; referred to the Committee
on the Judiciary.]
A BILL to amend article two, chapter sixty-one of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
twenty-seven-a, relating to required reporting of burns.
Be it enacted by the Legislature of West Virginia:
That article two, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
twenty-seven-a, to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-27a. Required reporting of burns.
(a) Any medical or health care provider who renders medical
treatment or diagnosis to a person suffering from a wound caused by burns, under circumstances which would lead a reasonable
person to believe that they resulted from a violation of the
criminal laws of this state, shall report the same to the state
fire marshal's office. This report shall be made immediately by
telephone and shall be followed by a written report submitted to
the fire marshal within forty-eight hours after the initial
report: Provided, That where two or more persons participate in
the medical diagnosis or treatment of such a wound, the
obligation to report imposed by this section applies only to the
attending physician or, if none, to the person primarily
responsible for providing the medical treatment.
(b) Any medical or health care provider who in good faith
makes or causes to be made a report pursuant to subsection (a) of
this section is immune from any civil liability which may
otherwise arise solely from making such a report.
NOTE: The purpose of this bill is to require medical and
health care providers to report instances in which a patient
presents with burn wounds which appear to have resulted from any
violation of the criminal laws.
§61-2-27a is new; therefore, strike-throughs and
underscoring have been omitted.