COMMITTEE SUBSTITUTE
FOR
H. B. 3145
(By Delegates Michael, Leach and Williams)
(Originating in the Committee on the Judiciary)
[March 28, 2005]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §55-7-19a, providing
limited immunity from civil damages for persons who volunteer
their services to public health departments; and providing
that the limitation of liability does not apply to intentional
tortious conduct or acts or omissions constituting gross
negligence.
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 §55-7-19a, to read as
follows:
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-19a. Civil liability of volunteers who render services for
a public health department; limitations on liability;
exceptions.
(a) A person who gratuitously volunteers his or her services
in good faith to a public health department may not be held liable
for any simple negligence arising from the volunteer's acts or
omissions in providing his or her services or arranging to provide
additional care.
(b) The limitation of liability established by this section
does not apply to intentional tortious conduct or acts or omissions
constituting gross negligence.
NOTE: The purpose of this bill is to provide immunity from
civil damages for persons who volunteer their services to a public
health department.
§55-7-19a is new; therefore, strike-throughs and underscoring have
been omitted.
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