Senate Bill No. 19
(By Senators Minear and McKenzie)
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[Introduced January 9, 2002; 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.