SB 634 Text

COMMITTEE SUBSTITUTE
FOR

Senate Bill No. 634
(By Senators Stollings, Oliverio, Foster, Minard, Green, Sypolt and Jenkins)
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[Originating in the Committee on Health and Human Resources;
reported March 27, 2009.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-26, relating to liability of physicians who render services to youth camps and programs; limiting liability; and providing exceptions.

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 §55-7-26, to read as follows:
ARTICLE 7. ACTIONS FOR INJURIES.

§55-7-26. Limiting liability of physicians who render services to youth camps and programs.

(a) Any person licensed to practice medicine and surgery pursuant to the provisions of article three, chapter thirty of this code or any person licensed to practice medicine and surgery as an osteopathic physician and surgeon pursuant to the provisions of article fourteen, chapter thirty of this code or any medical student, graduate medical student or nurse pursuant to the provisions of article seven, chapter thirty and article seven-a, chapter thirty of this code, performing medical services under the direction of a medical or osteopathic physician licensed to practice in this state: (1) Who is acting in the capacity of a volunteer health care provider at any youth camp or program; and (2) who gratuitously and in good faith prior to the commencement of the your camp or program, agrees to render emergency care or treatment ro a participant without objection of such participant, shall not be held liable for any civil damages as a result of such care or treatment, or as a result of any or failure to act in providing or arranging further medical treatment.
(b) The limitation of liability established by this section does not apply to acts or omissions constituting gross negligence.
(c) For purposes of this section, the provision of lodging, meals and articles of clothing, by a youth camp or program, may not be considered as financial remuneration.

NOTE: The purpose of this bill is to limit the liability of medical and osteopathic physicians and those that may work under their supervision or direction, as volunteers to provide medical care at a youth camp or program.

This section is new; therefore, strike-throughs and underscoring have been omitted.

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