H. B. 2269
(By Delegates Staton, Facemyer and Martin)
[Introduced January 15, 1999; referred to the
Committee on the Judiciary.]
A BILL to amend article seven, chapter fifty-five of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
twenty, relating to limitation on liability for persons who
have completed an authorized training program and who
gratuitously and in good faith render emergency medical care
involving the use of an automatic external defibrillator.
Be it enacted by the Legislature of West Virginia:
That article seven, chapter fifty-five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
twenty, to read as follows:
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-20. Gratuitous use of defibrillators; limitation on liability.
Any person:
(a) Who has successfully completed the training requirements
of a course in basic emergency care of a person in cardiac arrest
that included instruction in the operation and use of an
automatic external defibrillator conducted in accordance with the
standards of the American heart association; and
(b) Who gratuitously and in good faith renders emergency
medical care involving the use of an automatic external
defibrillator in accordance with that training, other than in the
ordinary course of his or her employment or profession and
without objection from the injured victim; and
(c) Shall not be liable for civil damages as a result of any
act or omission that does not amount to gross negligence.
NOTE: The purpose of this bill is to place a limitation on
liability for those who have completed an authorized training
program and who gratuitously and in good faith render emergency
medical care involving the use of an automatic external
defibrillator.
This section is new; therefore, strike-throughs and
underscoring have been omitted.