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Chapter 16     Entire Code
‹ Chapter 15  |  Chapter 17 › Printer Friendly Versions
Chapter 16  |  Article 16 - 4D

1 - STATE PUBLIC HEALTH SYSTEM

1A - UNIFORM CREDENTIALING FOR HEAL

1B - SKILLED NURSING FACILITIES FOR

1C - HEALTH CARE PROVIDER TRANSPARE

2 - LOCAL BOARDS OF HEALTH

2A - ALTERNATIVE METHOD OF ORGANIZI

2B - FAMILY PLANNING AND CHILD SPAC

2C - HOME HEALTH SERVICES

2D - CERTIFICATE OF NEED

2E - BIRTHING CENTERS

2F - PARENTAL NOTIFICATION OF ABORT

2G - SPECIAL SUPPLEMENTARY FOOD PRO

2H - PRIMARY CARE SUPPORT PROGRAM

2I - WOMEN'S RIGHT TO KNOW ACT

2J - PREVENTIVE CARE PILOT PROGRAM

2K - PROGRAMS OF ALL-INCLUSIVE CARE

2L - PROVIDER SPONSORED NETWORKS

2M - THE PAIN CAPABLE UNBORN CHILD

2N - NEONATAL ABSTINENCE CENTERS

2O - UNBORN CHILD PROTECTION FROM

3 - PREVENTION AND CONTROL OF COMMU

3A - REPOSITORY OF INFORMATION ON M

3B - PERTUSSIS

3C - AIDS-RELATED MEDICAL TESTING A

3D - TUBERCULOSIS TESTING, CONTROL,

4 - SEXUALLY TRANSMITTED DISEASES

4A - PRENATAL EXAMINATION

4B - AUTOPSIES ON BODIES OF DECEASE

4C - EMERGENCY MEDICAL SERVICES ACT

4D - AUTOMATED EXTERNAL DEFIBRILLAT
    16 - 4 D- 1
    16 - 4 D- 2
    16 - 4 D- 3
    16 - 4 D- 4

4E - UNIFORM MATERNAL SCREENING ACT

4F - EXPEDITED PARTNER THERAPY

5 - VITAL STATISTICS

5A - CANCER CONTROL

5B - HOSPITALS AND SIMILAR INSTITUT

5C - NURSING HOMES

5D - ASSISTED LIVING RESIDENCES

5E - REGISTRATION AND INSPECTION OF

5F - HEALTH CARE FINANCIAL DISCLOSU

5G - OPEN HOSPITAL PROCEEDINGS

5H - CHRONIC PAIN CLINIC LICENSING

5I - HOSPICE LICENSURE ACT

5J - CLINICAL LABORATORIES QUALITY

5K - EARLY INTERVENTION SERVICES FO

5L - LONG-TERM CARE OMBUDSMAN PROGR

5M - OSTEOPOROSIS PREVENTION EDUCAT

5N - RESIDENTIAL CARE COMMUNITIES

5O - MEDICATION ADMINISTRATION BY U

5P - SENIOR SERVICES

5Q - THE JAMES TIGER MORTON CATASTR

5R - THE ALZHEIMER'S SPECIAL CARE S

5S - OLDER WEST VIRGINIANS ACT

5T - CARE HOME ADVISORY BOARD

5U - ARTHRITIS PREVENTION EDUCATION

5V - EMERGENCY MEDICAL SERVICES RET

5W - WEST VIRGINIA OFFICIAL PRESCRI

5X - CAREGIVER ADVISE, RECORD AND E

5Y - MEDICATION-ASSISTED TREATMENT

6 - HOTELS AND RESTAURANTS

7 - PURE FOOD AND DRUGS

8 - ELECTROLOGISTS

8A - NARCOTIC DRUGS

8B - DANGEROUS DRUGS ACT

9 - OFFENSES GENERALLY

9A - TOBACCO USAGE RESTRICTIONS

9B - IMPLEMENTING TOBACCO MASTER SE

9C - STATE TOBACCO GROWERS' SETTLEM

9D - ENFORCEMENT OF STATUTES IMPLEM

9E - DELIVERY SALES OF TOBACCO

9F - COUNTERFEIT CIGARETTES

10 - UNIFORM DETERMINATION OF DEAT

11 - SEXUAL STERILIZATION

12 - SANITARY DISTRICTS FOR SEWAGE

13 - SEWAGE WORKS AND STORMWATER W

13A - PUBLIC SERVICE DISTRICTS

13B - COMMUNITY IMPROVEMENT ACT

13C - DRINKING WATER TREATMENT REV

13D - REGIONAL WATER AND WASTEWATE

13E - COMMUNITY ENHANCEMENT ACT

14 - BARBERS AND COSMETOLOGISTS

15 - STATE HOUSING LAW

16 - HOUSING COOPERATION LAW

17 - NATIONAL DEFENSE HOUSING

18 - SLUM CLEARANCE

19 - ANATOMICAL GIFT ACT

20 - AIR POLLUTION CONTROL

21 - BLOOD DONATIONS

22 - DETECTION AND CONTROL OF PHEN

22A - TESTING OF NEWBORN INFANTS F

22B - BIRTH SCORE PROGRAM

23 - TRANSFUSION OF BLOOD; TRANSPL

24 - STATE HEMOPHILIA PROGRAM

25 - DETECTION OF TUBERCULOSIS, HI

26 - WEST VIRGINIA SOLID WASTE MAN

27 - STORAGE AND DISPOSAL OF RADIO

27A - BAN ON CONSTRUCTION OF NUCLE

28 - ASSISTANCE TO KOREAN AND VIET

29 - HEALTH CARE RECORDS

29A - WEST VIRGINIA HOSPITAL FINAN

29B - HEALTH CARE AUTHORITY

29C - INDIGENT CARE

29D - STATE HEALTH CARE

29E - LEGISLATIVE OVERSIGHT COMMIS

29F - UNINSURED AND UNDERINSURED P

29G - WEST VIRGINIA HEALTH INFORMA

29H - INTERAGENCY HEALTH COUNCIL

29I - WEST VIRGINIA HEALTH CARE AU

30 - WEST VIRGINIA HEALTH CARE DEC

30A - MEDICAL POWER OF ATTORNEY

30B - HEALTH CARE SURROGATE ACT

30C - DO NOT RESUSCITATE ACT

31 - COMMUNITY RIGHT TO KNOW

32 - ASBESTOS ABATEMENT

33 - BREAST AND CERVICAL CANCER PR

34 - LICENSURE OF RADON MITIGATORS

35 - LEAD ABATEMENT

36 - NEEDLESTICK INJURY PREVENTION

37 - BODY PIERCING STUDIO BUSINESS

38 - TATTOO STUDIO BUSINESS

39 - PATIENT SAFETY ACT

40 - STATEWIDE BIRTH DEFECTS INFOR

41 - ORAL HEALTH IMPROVEMENT ACT

42 - COMPREHENSIVE BEHAVIORAL HEAL

43 - ENGINE COOLANT AND ANTIFREEZE

44 - THE PULSE OXIMETRY NEWBORN TE

45 - TANNING FACILITIES

46 - ACCESS TO OPIOID ANTAGONISTS

47 - ALCOHOL AND DRUG OVERDOSE PRE

48 - WEST VIRGINIA ABLE ACT

49 - WEST VIRGINIA CLEARANCE FOR A

50 - EPINEPHRINE AUTO-INJECTOR AVA

51 - RIGHT TO TRY ACT

WVC 16-
CHAPTER 16. PUBLIC HEALTH.

WVC 16 - 4 D- ARTICLE 4D. AUTOMATED EXTERNAL DEFIBRILLATORS.

WVC 16 - 4 D- 1 §16-4D-1. Purpose and findings.
(a) The West Virginia Legislature hereby finds and declares that each year more than two hundred fifty thousand Americans die from out-of-hospital incidents of sudden cardiac arrest. More than ninety-five percent of these incidents result in death and, in many cases, death occurs because properly trained persons with life-saving automated external defibrillators arrive at the scene too late.

(b) The American Heart Association estimates that more than twenty thousand deaths could be prevented each year if early defibrillation were more widely available.

(c) Many communities around the country have invested in 911 emergency notification systems and emergency medical services, including well-trained emergency personnel and ambulance vehicles. However, in many communities, there are not enough strategically placed automated external defibrillators and persons trained to properly operate them.

(d) It is, therefore, the intent of this Legislature to improve access to early defibrillation by encouraging the establishment of automated external defibrillator programs in careful coordination with the emergency medical services system.

WVC 16 - 4 D- 2 §16-4D-2. Definitions.
(a) "Anticipated operator" means any person trained in accordance with section three of this article who utilizes an automated external defibrillator which was placed through an early defibrillation program.

(b) "Automated external defibrillator", hereinafter referred to as AED, means a medical device heart monitor and defibrillator that: (1) Has undergone the premarket approval process pursuant to the Federal Food, Drug and Cosmetic Act, 21 U.S.C. §360, as amended; (2) is capable of recognizing the presence or absence of ventricular fibrillation; (3) is capable of determining, without intervention by the operator, whether defibrillation should be performed; and (4) upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual's heart.

(c) "Early defibrillation program" means a coordinated program that meets the requirements of section three of this article and one that provides early public access to defibrillation for individuals experiencing sudden cardiac arrest through the use of an automated external defibrillator.

(d) "Emergency medical services (EMS)" means all services established by the Emergency Medical Services Act of 1973 in article four-c of this chapter, including, but not limited to, the emergency medical services plan of the Department of Health and Human Resources providing a response to the medical needs of an individual to prevent the loss of life or aggravation of illness or injury.

(e) "Entity" means a public or private group, organization, business, association or agency that meets the requirements of section three of this article. "Entity" does not include emergency medical services operational programs or licensed commercial ambulance services.

(f) "Medical director" means a duly licensed physician who serves as the designated medical coordinator for an entity's early defibrillation program.

(g) "Unanticipated operator" means any person rendering emergency medical care involving the use of an AED.

WVC 16 - 4 D- 3 §16-4D-3. Early defibrillation programs.
An entity providing an early defibrillation program shall:

(1) Register the program with the Office of Emergency Medical Services, pursuant to article four-c of this chapter, identifying the placement of AEDs, training of anticipated operators, preplanned EMS system coordination, designation of a medical director, maintenance of AED equipment and reports of AED utilization;

(2) Require the anticipated operator of an AED to receive appropriate training in cardiopulmonary resuscitation, referred to as "CPR", in the operation of an AED and in the determination of advance directives from the American Heart Association, American Red Cross, any other nationally recognized course in CPR and AED or an AED and CPR training program approved by the Office of Emergency Medical Services;

(3) Maintain and test the AED in accordance with the manufacturer's guidelines and keep written records of this maintenance and testing;

(4) Designate a medical director for the coordination of the program, which shall include, but not be limited to, training, coordinating with EMS, creating AED deployment strategies and reviewing each operation of an AED;

(5) Notify the local EMS system and public safety answering point or other appropriate emergency dispatch center of the existence of an entity's early defibrillation program, the location of the program and the program's plan for coordination with the EMS system;

(6) Provide that an operator of an AED who renders emergency care or treatment on a person experiencing cardiac arrest shall activate the EMS system as soon as possible and shall report the use of an AED to the program medical director; and

(7) Comply with the guidelines of the West Virginia Office of Emergency Medical Services regarding data collection and reporting.

WVC 16 - 4 D- 4 §16-4D-4. Limitation on liability.
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 anticipated 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 as a health care provider, as defined in section two, article two-d of this chapter; or

(3) The person is an unanticipated operator who gratuitously and in good faith rendered emergency medical care.

Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§16 - 29 B- 1 - (Amended Code)
§16 - 29 B- 10 - (Amended Code)
§16 - 29 B- 19 - (Repealed Code)
§16 - 29 B- 19 A - (Repealed Code)
§16 - 29 B- 20 - (Repealed Code)
§16 - 29 B- 20 A - (Repealed Code)
§16 - 29 B- 21 - (Repealed Code)
§16 - 29 B- 21 A - (Repealed Code)
§16 - 29 B- 27 - (Amended Code)
SENATE BILL - 68
PASSED - Regular Session

SB68 SUB1 ENR  (Uploaded - 03/09/2016)
Disallowing Health Care Authority to conduct rate review and set rates for hospitals
§16 - 4 F- 1 - (New Code)
§16 - 4 F- 2 - (New Code)
§16 - 4 F- 3 - (New Code)
§16 - 4 F- 4 - (New Code)
§16 - 4 F- 5 - (New Code)
SENATE BILL - 123
PASSED - Regular Session

SB123 ENR  (Uploaded - 02/17/2016)
Treatment for sexually transmitted diseases
§16 - 3 C- 2 - (Amended Code)
§16 - 4 - 19 - (Amended Code)
SENATE BILL - 404
PASSED - Regular Session

SB404 SUB1 ENR  (Uploaded - 03/23/2016)
Removing prohibition on billing persons for testing for HIV and sexually transmitted diseases
§16 - 51 - 1 - (New Code)
§16 - 51 - 2 - (New Code)
§16 - 51 - 3 - (New Code)
§16 - 51 - 4 - (New Code)
§16 - 51 - 5 - (New Code)
§16 - 51 - 6 - (New Code)
§16 - 51 - 7 - (New Code)
§16 - 51 - 8 - (New Code)
SENATE BILL - 416
PASSED - Regular Session

SB416 ENR  (Uploaded - 03/11/2016)
Allowing terminally ill patients access to investigational products
§16 - 46 - 3 - (Amended Code)
§16 - 46 - 3 A - (New Code)
§16 - 46 - 5 - (Amended Code)
§16 - 46 - 6 - (Amended Code)
SENATE BILL - 431
PASSED - Regular Session

SB431 enr  (Uploaded - 03/18/2016)
Authorizing pharmacists and pharmacy interns dispense opioid antagonists
§16 - 1 - 4 - (Amended Code)
§16 - 5 Y- 1 - (New Code)
§16 - 5 Y- 2 - (New Code)
§16 - 5 Y- 3 - (New Code)
§16 - 5 Y- 4 - (New Code)
§16 - 5 Y- 5 - (New Code)
§16 - 5 Y- 6 - (New Code)
§16 - 5 Y- 7 - (New Code)
§16 - 5 Y- 8 - (New Code)
§16 - 5 Y- 9 - (New Code)
§16 - 5 Y- 10 - (New Code)
§16 - 5 Y- 11 - (New Code)
§16 - 5 Y- 12 - (New Code)
§16 - 5 Y- 13 - (New Code)
SENATE BILL - 454
PASSED - Regular Session

SB454 SUB2 ENR  (Uploaded - 03/23/2016)
Licensing and regulating medication-assisted treatment programs for substance use disorders
§16 - 32 - 2 - (Amended Code)
§16 - 32 - 11 - (Amended Code)
SENATE BILL - 545
PASSED - Regular Session

SB545 SUB1 ENR  (Uploaded - 03/15/2016)
Relating to asbestos abatement on oil and gas pipelines
§16 - 5 V- 2 - (Amended Code)
SENATE BILL - 563
PASSED - Regular Session

SB563 ENR  (Uploaded - 03/15/2016)
Increasing retirement benefit multiplier for WV Emergency Medical Services Retirement System members
§16 - 29 B- 26 - (Amended Code)
§16 - 29 B- 28 - (New Code)
§16 - 29 B- 29 - (New Code)
SENATE BILL - 597
PASSED - Regular Session

SB597 SUB1 ENR  (Uploaded - 03/17/2016)
Relating generally to Health Care Authority
§16 - 1 - 9 C - (Amended Code)
SENATE BILL - 625
PASSED - Regular Session

SB625 SUB1 ENR  (Uploaded - 03/15/2016)
Revising exceptions from FOIA provided for in Aboveground Storage Tank Act
§16 - 5 - 19 - (Amended Code)
HOUSE BILL - 4334
PASSED - Regular Session

hb4334 ENR  (Uploaded - 03/17/2016)
Clarifying the requirements for a license to practice as an advanced practice registered nurse and expanding prescriptive authority
§16 - 2 D- 1 - (Amended Code)
§16 - 2 D- 2 - (Amended Code)
§16 - 2 D- 3 - (Amended Code)
§16 - 2 D- 4 - (Amended Code)
§16 - 2 D- 4 A - (Repealed Code)
§16 - 2 D- 4 B - (Repealed Code)
§16 - 2 D- 5 - (Amended Code)
§16 - 2 D- 5 A - (Repealed Code)
§16 - 2 D- 5 B - (Repealed Code)
§16 - 2 D- 5 C - (Repealed Code)
§16 - 2 D- 5 D - (Repealed Code)
§16 - 2 D- 5 E - (Repealed Code)
§16 - 2 D- 6 - (Amended Code)
§16 - 2 D- 7 - (Amended Code)
§16 - 2 D- 7 A - (Repealed Code)
§16 - 2 D- 8 - (Amended Code)
§16 - 2 D- 9 - (Amended Code)
§16 - 2 D- 10 - (Amended Code)
§16 - 2 D- 11 - (Amended Code)
§16 - 2 D- 12 - (Amended Code)
§16 - 2 D- 13 - (Amended Code)
§16 - 2 D- 14 - (Amended Code)
§16 - 2 D- 15 - (Amended Code)
§16 - 2 D- 16 - (New Code)
§16 - 2 D- 17 - (New Code)
§16 - 2 D- 18 - (New Code)
§16 - 2 D- 19 - (New Code)
§16 - 2 D- 20 - (New Code)
HOUSE BILL - 4365
PASSED - Regular Session

HB4365 SUB ENR  (Uploaded - 03/16/2016)
Relating to the certificate of need process
§16 - 5 B- 18 - (New Code)
HOUSE BILL - 4388
PASSED - Regular Session

HB4388 SUB ENR  (Uploaded - 03/17/2016)
Relating to stroke centers
§16 - 5 G- 2 - (Amended Code)
§16 - 5 G- 4 - (Amended Code)
HOUSE BILL - 4520
PASSED - Regular Session

HB4520 SUB ENR  (Uploaded - 03/09/2016)
Clarifying that certain hospitals have only one governing body whose meetings shall be open to the public
§16 - 5 H- 2 - (Amended Code)
§16 - 5 H- 5 - (Amended Code)
§16 - 5 H- 7 - (Amended Code)
HOUSE BILL - 4537
PASSED - Regular Session

HB4537 SUB ENR  (Uploaded - 03/23/2016)
Relating to the regulation of chronic pain clinics
§16 - 2 - 11 - (Amended Code)
HOUSE BILL - 4659
PASSED - Regular Session

HB4659 SUB ENR  (Uploaded - 03/16/2016)
Authorizing local health departments to bill health insurance plans for services
§16 - 4 C- 6 C - (Amended Code)
HOUSE BILL - 4726
PASSED - Regular Session

hb4726 ENR  (Uploaded - 03/11/2016)
Relating to coal mining generally
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