COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 442

(By Senators Walker, Helmick, Anderson,

Bailey, Plymale and Ross)

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[Originating in the Committee on the Judiciary;

reported February 24, 1995.]

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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 professional or emergency services personnel who renders medical treatment or diagnosis to a person suffering from any injury, under circumstances which would lead a reasonable person to suspect that the injury occurred during the commission, or attempted commission, of an arson as defined in article three of this chapter, shall report the circumstances or cause a report to be made to the state fire marshall's office.
(b) Any report required pursuant to this section shall be made in writing within forty-eight hours of the injury. The state fire marshall shall provide the address for mailing such reports to medical professionals required to report under this section.
(c) Any person, official or institution participating in good faith in any act permitted or required by this section shall be immune from any civil or criminal liability that otherwise might result by reason of such actions.
(d) The privileged quality of communications between any professional person and his patient or his client is hereby abrogated in situations described in this section.
(e) Within available funding and as may be determined necessary by the state fire marshall, the state fire marshall shall conduct educational programs for persons required to report injuries under this section.