Senate Bill No. 45
(By Senators Jenkins and Foster)
[Introduced February 9, 2005; referred to the Committee
on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §55-7B-12, relating
to abridging health care providers' exposure to liability
where, in certain cases involving prescription drugs and
medical devices, a person has been injured.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §55-7B-12, to read as
ARTICLE 7B. MEDICAL PROFESSIONAL LIABILITY.
§55-7B-12. Prescription drugs and medical devices; limiting
health care providers liability exposure.
No health care provider is liable to a patient or third party
for injuries sustained as a result of the ingestion of a
prescription drug or use of a medical device that was prescribed by the health care provider in accordance with instructions approved
by the U.S. Food and Drug Administration (FDA) regarding the dosage
and administration of the drug, the indications for which the drug
should be taken or device should be used, and the contraindications
against taking the drug or using the device.
NOTE: The purpose of this bill is to relieve health care
providers of liability where an injury has resulted from a
prescribed drug or medical device and the health care provider
observed all FDA protocols related to using the therapy.
This section is new; therefore, strike-throughs and
underscoring have been omitted.