H. B. 4080


(By Delegates Hatfield and Perdue)

[Introduced January 20, 2004 ; referred to the

Committee on Health and Human Resources then the Judiciary.]





A BILL to amend and reenact §16-4D-4 of the code of West Virginia, 1931, as amended, relating to disburdening any citizen who uses an automated external defibrillator on an individual experiencing sudden cardiac arrest of any civil or criminal liability created under this article; and likewise disburdening any public entity that purchases, installs and maintains an automated external defibrillator.

Be it enacted by the Legislature of West Virginia:
That §16-4D-4 of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 4D. AUTOMATED EXTERNAL DEFIBRILLATORS.
§16-4D-4. Limitation on liability.
(a) A person is not liable for civil damages as a result of any act or omission in rendering emergency medical care or treatment involving the use of an AED if the care or treatment does not amount to gross negligence and the following conditions are met:
(1) The person, entity, certified trainer or medical director of the early defibrillation program is in compliance with the provisions of section three of this article; and
(2) The person is an operator of an AED who gratuitously and in good faith rendered emergency medical care, pursuant to the requirements of section three of this article, other than in the ordinary course of the person's employment or profession.
(b) Nothing in this article prohibits any citizen from accessing and using an automated external defibrillator on individuals experiencing sudden cardiac arrest and nothing in this article prohibits any public entity from purchasing, installing and maintaining an automated external defibrillator.



NOTE: The purpose of this bill is to free, from any civil or criminal liability created under this article, those persons who might use an automated external defibrillator on individuals experiencing sudden cardiac arrest and any public entity that purchases, installs and maintains an automated external defibrillator.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.