H. B. 4080
(By Delegates Hatfield and Perdue)
[Introduced
January 20, 2004
; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend and reenact §16-4D-4 of the code of West Virginia,
1931, as amended, relating to disburdening any citizen who
uses an automated external defibrillator on an individual
experiencing sudden cardiac arrest of any civil or criminal
liability created under this article; and likewise
disburdening any public entity that purchases, installs and
maintains an automated external defibrillator.
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) 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 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.
(b) Nothing in this article prohibits any citizen from
accessing and using an automated external defibrillator on
individuals experiencing sudden cardiac arrest and nothing in this
article prohibits any public entity from purchasing, installing and
maintaining an automated external defibrillator.
NOTE: The purpose of this bill is to free, from any civil or
criminal liability created under this article, those persons who
might use an automated external defibrillator on individuals
experiencing sudden cardiac arrest and any public entity that
purchases, installs and maintains an automated external
defibrillator.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.