Senate Bill No. 442
(By Senators Walker, Helmick, Anderson,
Bailey, Plymale and Ross)
[Originating in the Committee on the Judiciary;
reported February 24, 1995.]
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
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 professional or emergency
services personnel who renders medical treatment or diagnosis to a person suffering from any injury, under circumstances
which would lead a reasonable person to suspect that the injury
occurred during the commission, or attempted commission, of an
arson as defined in article three of this chapter, shall report
the circumstances or cause a report to be made to the state
fire marshall's office.
(b) Any report required pursuant to this section shall be
made in writing within forty-eight hours of the injury. The
state fire marshall shall provide the address for mailing such
reports to medical professionals required to report under this
(c) Any person, official or institution participating in
good faith in any act permitted or required by this section
shall be immune from any civil or criminal liability that
otherwise might result by reason of such actions.
(d) The privileged quality of communications between any
professional person and his patient or his client is hereby
abrogated in situations described in this section.
(e) Within available funding and as may be determined
necessary by the state fire marshall, the state fire marshall
shall conduct educational programs for persons required to report injuries under this section.