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Introduced Version Senate Bill 422 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 422

(By Senators Foster, Unger and Laird)

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[Introduced February 1, 2010; referred to the Committee on the Judiciary.]

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A BILL to amend and reenact §16-4D-4 of the Code of West Virginia, 1931, as amended, relating to limiting liability for anticipated automatic external defibrillator users who are not health care providers.

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 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 automated external defibrillator 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 automated external defibrillator 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: The purpose of this bill is to limit liability for anticipated automatic external defibrillator users who are not health care providers.


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