H. B. 2053
(By Delegate Douglas)
[Introduced February 10, 1993; referred to the
Committee on Health and Human Resources then Finance.]
A BILL to amend chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article thirty-b, relating
to creation of the "Uniform Duties to Disabled Persons Act."
Be it enacted by the Legislature of West Virginia:
That chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article thirty-b, to
read as follows:
ARTICLE 30B. UNIFORM DUTIES TO DISABLED PERSONS ACT.
§16-30B-1. Short title.
This article may be cited as the "Uniform Duties to Disabled
Persons Act."
§16-30B-2. Definitions.
(a) "Disabled condition" means the condition of being
unconscious, semi-conscious, incoherent or otherwise
incapacitated to communicate.
(b) "Disabled person" means a person in a disabled
condition.
(c) "Identifying device" means an identifying bracelet,
necklace, metal tag or similar device bearing the emergency
symbol and the information needed in an emergency.
(d) "Medical practitioner" means a person licensed or
authorized to practice medicine, osteopathy and the healing arts.
(e) "The emergency symbol" means the caduceus inscribed
within a six-barred cross used by the American Medical
Association to denote emergency information.
§16-30B-3. Identifying devices for persons having certain
conditions.
(a) A person who suffers from epilepsy, diabetes, a cardiac
condition, or any other type of illness that causes temporary
blackouts, semi-conscious periods or complete unconsciousness, or
who suffers from a condition requiring specific medication or
medical treatment, is allergic to certain medications or items
used in medical treatment, wears contact lenses, or is unable to
communicate coherently or effectively in the English language, is
authorized and encouraged to wear an identifying device.
(b) Any person may carry an identification card bearing the
person's name, type of medical condition, physician's name and
other medical information.
(c) By wearing an identifying device a person gives consent
for any law-enforcement officer or medical practitioner who finds
the person in a disabled condition to make a reasonable search ofthe person's clothing or other effects for an identification card
of the type described in subsection (b).
§16-30B-4. Duty of law-enforcement officer.
(a) A law-enforcement officer shall make a diligent effort
to determine whether any disabled person found is a person having
epilepsy or a diabetic, or suffers from some other type of
illness that would cause the condition. Whenever feasible, this
effort shall be made before the person is charged with a crime or
taken to a place of detention.
(b) In seeking to determine whether a disabled person
suffers from an illness, a law-enforcement officer shall make a
reasonable search for an identifying device and an identification
card of the type described in section three, subsection (b), and
examine them for emergency information. The law-enforcement
officer may not search for an identifying device or an
identification card in a manner or to an extent that would appear
to a reasonable person in the circumstances to cause an
unreasonable risk of worsening the disabled person's condition.
The law-enforcement officer may not remove an identifying device
or an identification card from the possession of a disabled
person unless the removal is necessary for law enforcement
purposes or to protect the safety of the disabled person.
(c) A law-enforcement officer who finds a disabled person
without an identifying device or identification card is not
relieved of the duty to that person to make a diligent effort to
ascertain the existence of any illness causing the disabledcondition.
(d) A cause of action against a law-enforcement officer does
not arise from the officer's making a reasonable search of the
disabled person to locate an identifying device or identification
card, even though the person is not wearing an identifying device
or carrying an identification card.
(e) A law-enforcement officer who determines or has reason
to believe that a disabled person is suffering from an illness
causing the person's condition shall promptly notify the person's
physician, if practicable. If the officer is unable to ascertain
the physician's identity or to communicate with the physician,
the officer shall make a reasonable effort to cause the disabled
person to be transported immediately to a medical practitioner or
to a facility where medical treatment is available. If the
officer believes it unduly dangerous to move the disabled person,
the officer shall make a reasonable effort to obtain the
assistance of a medical practitioner.
§16-30B-5. Duty of medical practitioners.
(a) A medical practitioner, in discharging a duty to a
disabled person whom the practitioner has undertaken to examine
or treat, shall make a reasonable search for an identifying
device or identification card of the type described in section
three, subsection (b) and examine them for emergency information.
(b) A cause of action against a medical practitioner does
not arise from the practitioner's making a reasonable search of
a disabled person to locate an identifying device oridentification card, even though the person is not wearing an
identifying device or carrying an identification card.
§16-30B-6. Duty of others.
(a) A person, other than a law-enforcement officer or
medical practitioner, who finds a disabled person shall make a
reasonable effort to notify a law-enforcement officer. If a
law-enforcement officer or medical practitioner is not present,
a person who finds a disabled person may (1) make a reasonable
search for an identifying device, and (2) if the identifying
device is found, may make a reasonable search for an
identification card of the type described in section three,
subsection (b). If a device or card is located, the person
making the search shall attempt promptly to bring its contents to
the attention of a law-enforcement officer or medical
practitioner.
(b) A cause of action does not arise from a reasonable
search to locate an identifying device or identification card as
authorized by subsection (a).
§16-30B-7. Falsifying identification or misrepresenting
condition; penalty.
A person who with intent to deceive provides, wears, uses,
or possesses a false identifying device or identification card of
the type described in section three, subsection (b) is guilty of
a misdemeanor, and, upon conviction thereof, shall be fined not
less than fifty nor more than one hundred dollars.
§16-30B-8. Other duties.
The duties imposed by this article are in addition to, and
not in limitation of, other duties existing under the law of this
state.
NOTE: The purpose of this bill is to enact the Uniform
Duties to Disabled Persons Act.
This article is new; therefore, strike-throughs and
underscoring have been omitted.