SB700 SFA Smith 2-25 #1

Crouse 7502

Senator Smith moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:

ARTICLE 2. OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS.

§17C-2-10. Physician exempt from specified traffic laws when responding to emergency.

(a) An allopathic or osteopathic physician traveling in response to an emergency call, or a licensed attorney exceeding the speed limit in response to an emergency call, including a licensed attorney pursuing an ambulance, are exempt from the provisions of §17C-6-1, §17C-6-2, and §17C-6-3 of this code if the vehicle used by him or her displays an emblem approved by the West Virginia Board of Medicine or the West Virginia Board of Osteopathic Medicine indicating that the vehicle is owned by the licensed physician who is responding to an emergency call.

(b) The provisions of this section do not relieve the physician from the duty to drive with due regard for the safety of all persons using the highway, nor do these provisions protect the physician from the consequences of acting in reckless disregard for the safety of others.

(c) The West Virginia Board of Medicine and West Virginia Board of Osteopathic Medicine shall propose separate rules for legislative approval in accordance with §29A-3-1 et seq. of this code. Rules proposed pursuant to this section shall set forth criteria to request an emblem from the respective boards, grounds to use the emblem, safe operation of the physician’s vehicle under the circumstances described in this section, and an administrative penalty if the emblem is used in inappropriate circumstances.