Senate Bill No. 179
(By Senators Minear, Prezioso and McKenzie)
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[Introduced February 19, 2001; referred to the Committee
on the Judiciary.]
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A BILL to amend article four-c, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section seventeen-a,
relating to providing that certain emergency caregivers who,
in good faith, render emergency care are not liable for civil
damages.
Be it enacted by the Legislature of West Virginia:
That article four-c, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
seventeen-a, to read as follows:
ARTICLE 4C. EMERGENCY MEDICAL SERVICES ACT.
§16-4C-17a. Immunity from liability for persons rendering emergency care in good faith.
The following persons who, in good faith, render emergency aid
to another individual shall not be held liable for civil damages
for any alleged act or omission which is claimed to have occurred
during the rendering of the emergency aid or assistance:
(a) A person licensed to practice medicine or dentistry who
renders emergency aid or assistance without compensation, to any
ill or injured person at the scene of an accident, fire or any
other life-threatening emergency, or while en route from the scene
of an emergency;
(b) A licensed nurse, an emergency medical care attendant or
technician, or licensed medical practitioner who 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 other place,
or while transporting an injured or ill person from the scene of an
emergency, or otherwise;
(c) A person trained in the use of automated external
defibrillation devices who uses the device to provide emergency aid
or assistance at the scene of an emergency involving an apparent
cardiac arrest; and
(d) A member in good standing of a national ski patrol system
who, without compensation, provides emergency aid or assistance to
an injured or ill person, whether at the scene of a ski resort
rescue operation, outdoor emergency rescue operation or other place
involving an emergency, or while transporting an injured or ill
person to a place for transfer to an available emergency medical
center or hospital: Provided, That, for the purposes of this
section, the term "compensation" does not include access to a
recreational facility, complimentary lift tickets, food, lodging or
other gifts or discounts that may be offered or accessible to a
person.
NOTE: The purpose of this section is to
provide that certain
emergency caregivers who, in good faith, render emergency care are
not liable for civil damages.
This section is new; therefore, strike-throughs and
underscoring have been omitted.