H. B. 2445


(By Delegates Ryan, Love and Seacrist)
[Introduced February 10, 1995; referred to the
Committee on the Judiciary.]




A BILL to amend article two, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-seven-a, relating to required reporting of burns.

Be it enacted by the Legislature of West Virginia:
That article two, chapter sixty-one 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-seven-a, to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-27a. Required reporting of burns.

(a) Any medical or health care provider who renders medical treatment or diagnosis to a person suffering from a wound caused by burns, under circumstances which would lead a reasonable person to believe that they resulted from a violation of the criminal laws of this state, shall report the same to the state fire marshal's office. This report shall be made immediately by telephone and shall be followed by a written report submitted to the fire marshal within forty-eight hours after the initial report: Provided, That where two or more persons participate in the medical diagnosis or treatment of such a wound, the obligation to report imposed by this section applies only to the attending physician or, if none, to the person primarily responsible for providing the medical treatment.
(b) Any medical or health care provider who in good faith makes or causes to be made a report pursuant to subsection (a) of this section is immune from any civil liability which may otherwise arise solely from making such a report.



NOTE: The purpose of this bill is to require medical and health care providers to report instances in which a patient presents with burn wounds which appear to have resulted from any violation of the criminal laws.

§61-2-27a is new; therefore, strike-throughs and underscoring have been omitted.