Senate Bill No. 45

(By Senators Jenkins and Foster)


[Introduced February 9, 2005; referred to the Committee

on the Judiciary.]


A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7B-12, relating to abridging health care providers' exposure to liability where, in certain cases involving prescription drugs and medical devices, a person has been injured.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §55-7B-12, to read as follows:
§55-7B-12. Prescription drugs and medical devices; limiting health care providers liability exposure.

No health care provider is liable to a patient or third party for injuries sustained as a result of the ingestion of a prescription drug or use of a medical device that was prescribed by the health care provider in accordance with instructions approved by the U.S. Food and Drug Administration (FDA) regarding the dosage and administration of the drug, the indications for which the drug should be taken or device should be used, and the contraindications against taking the drug or using the device.

NOTE: The purpose of this bill is to relieve health care providers of liability where an injury has resulted from a prescribed drug or medical device and the health care provider observed all FDA protocols related to using the therapy.

This section is new; therefore, strike-throughs and underscoring have been omitted.