H. B. 3145
(By Delegates Michael, Leach and Williams)
[Introduced March 22, 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 §55-7-19a, relating
to providing immunity from civil damages for persons who
volunteer their services at the public health departments; and
providing an exception thereto for acts or omissions
constituting gross negligence.
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 §55-7-19a, to read as
follows:
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-19a. Liability of volunteers who render services at the
public health department; limiting liability;
exceptions.
(a) Any person who: (1) Is acting in the capacity of a
volunteer in any county in the State of West Virginia for the
public health department; and (2) is gratuitously and in good faith offering their services under the direction of the Public Health
Department and is complying with all state laws may not be held
liable for any civil damages as a result of such services or for
any act or failure to act in providing or arranging to provide
additional care.
(b) The limitation of liability established by this section
does not apply to acts or omissions constituting gross negligence.
NOTE: The purpose of this bill is to provide immunity from
civil damages for persons who volunteer at public health
departments.
§55-7-19a is new; therefore, strike-throughs and underscoring
have been omitted.