COMMITTEE SUBSTITUTE
FOR
H. B. 2269
(By Delegates Staton, Facemyer and Martin)
(Originating in the Committee on the Judiciary)
[January 19, 1999]
A BILL to amend article seven, chapter fifty-five of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
twenty, relating to limitation on liability for persons who
have completed an authorized training program and who
gratuitously and in good faith render emergency medical care
involving the use of an automated external defibrillator;
and defining "automated external defibrillator".
Be it enacted by the Legislature of West Virginia:
That article seven, chapter fifty-five 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, to read as follows:
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-20. Gratuitous use of automated external defibrillator;
limitation on liability; defining "automated external
defibrillator".
(a) A person shall not be liable for civil damages as a
result of any act or omission in rendering emergency medical care
or treatment involving the use of an automated external
defibrillator if such care or treatment does not amount to gross
negligence and the following conditions are met:
(1) The person has successfully completed the training
requirements of a course in basic emergency care of a person in
cardiac arrest that included instruction in the operation and use
of an automated external defibrillator conducted in accordance
with the standards of the American heart association and the
person has maintained his or her certification by fulfilling all
requirements for recertification; and
(2) The person gratuitously and in good faith renders
emergency medical care involving the use of an automated external
defibrillator in accordance with that training, other than in the
ordinary course of his or her employment or profession and
without objection from the injured victim.
(b) For the purposes of this section, "automated external
defibrillator" means a medical device heart monitor and
defibrillator that has received approval of its pre-market notification filed pursuant to Title 21, United States Code,
section 360(k), from the United States food and drug
administration; is capable of recognizing the presence or absence
of ventricular fibrillation and is capable of determining,
without intervention by the operator, whether defibrillation
should be performed; and upon determining that defibrillation
should be performed, automatically charges and requests delivery
of an electrical impulse to an individual's heart.
NOTE: The purpose of this bill is to place a limitation on
liability for those who have completed an authorized training
program and who gratuitously and in good faith render emergency
medical care involving the use of an automated external
defibrillator.
This section is new; therefore, strike-throughs and
underscoring have been omitted.