Senate Bill No. 403
(By Senator Prezioso)
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[Introduced February 4, 2000; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section fifteen, article seven, chapter
fifty-five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to exempting from
liability persons rendering emergency care services.
Be it enacted by the Legislature of West Virginia:
That section fifteen, article seven, chapter fifty-five of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-15. Aid to victim of accident and victim of crime; immunity
from civil liability.
(a) Any person who in good faith:
(1) Including a person licensed to practice medicine or
dentistry, renders emergency care or assistance, without
compensation, to any ill or injured person at the scene of an
accident, fire or any life-threatening emergency or en route
therefrom to from or between a hospital, medical clinic or doctor's
office, shall not be liable for civil damages for acts or omissions
resulting from the rendering of such care or assistance.
(2) Is an emergency medical care attendant or technician or
licensed medical practitioner who in good faith renders emergency
care or assistance whether in person or by telephone or other means
of communication, without compensation, to any injured or ill
person, whether at the scene of an accident, fire or any other
place or while transporting such injured or ill person to, from or
between hospital or medical facility, shall not be liable for civil
damages for acts or omissions resulting from the rendering of such
emergency care, treatment or assistance.
(3) Trained in the use of automated external defibrillator
devices, provides such emergency service at the scene of an
apparent cardiac arrest shall be immune from civil liability for
personal injury that results from any act or omission in the use of
an automated external defibrillator, unless such personal injury results from willful or wanton misconduct.
(4) Is a National Ski Patrol System (NSPS) volunteer in good
standing and who without compensation provides emergency care or
assistance to an injured or ill person whether at the scene of a
ski resort rescue, outdoor emergency rescue or any other place or
while transporting such injured or ill person to a place for
transfer to an available emergency medical system shall not be
liable for civil damages for acts or omissions resulting from
performing such emergency care, treatment or assistance, including
acts or omissions that may violate written or practice procedures
of the NSPS, in the providing of such emergency care or assistance,
unless such act or omission was the result of wanton or willful
misconduct.
(b)(1)For the purposes of this section the term "compensation"
shall not be construed to include complimentary lift tickets, food,
lodging or other gifts provided as a gratuity to volunteer members
of the NSPS by any resort, group or agency.
(2) A NSPS certified instructor providing instruction to
persons for certification or recertification as a NSPS patroller
shall not be liable for civil damages for acts or omissions
directly relating to such office unless such act or omission was the result of such NSPS instructor's wanton or willful misconduct.
NOTE: The purpose of this bill is to extend the protection
from liability to volunteers with preexisting duty who render
emergency assistance.
§55-7-15 has been rewritten; therefore, strike-throughs and
underscoring have been omitted.