WEST virginia legislature
2017 regular session
Committee Substitute
for
Senate Bill 497
By Senators Stollings, Takubo, Plymale, Maroney and Facemire
[Originating in the Committee on the Judiciary; reported on March 11, 2017]
A BILL to amend and reenact §55-7-19 of the Code of West Virginia, 1931, as amended, relating to liability for health care providers who provide services at school athletic events; providing that persons licensed, certified or registered in this state or another state to provide health care or professional health care services are subject to limited liability if they render emergency care or treatment at a public or private elementary or secondary school athletic event; outlining circumstances under which liability can be limited; eliminating provisions limiting liability to the extent of insurance coverage; eliminating reference to standard of care in medical professional liability act; and establishing that acts of willful misconduct are not subject to limited liability.
Be it enacted by the Legislature of West Virginia:
That §55-7-19 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-19. Liability of physicians
health care providers who render services at school athletic events; limiting
liability; exceptions.
(a) Any person licensed to
practice medicine and surgery pursuant to the provisions of article three,
chapter thirty of this code or any person licensed to practice medicine and
surgery as an osteopathic physician and surgeon pursuant to the provisions of article
fourteen, chapter thirty of this code: by, or certified or registered
in, this state or another state to provide health care or professional health
care services: (1) Who is acting in the capacity of a volunteer team
physician or in attendance at an athletic event sponsored by a public or
private elementary or secondary school; and (2) who gratuitously and in good
faith prior to the athletic event agrees to render emergency care or
treatment to any participant during such the event in connection
with an emergency arising during or as the result of such the
event, without objection of such the participant, shall may
not be held liable for any civil damages as a result of such the
care or treatment, or as a result of any act or failure to act in providing or
arranging further medical treatment to an extent greater than the applicable
limits of his or her professional liability insurance policy or policies when
such the care or treatment was rendered in accordance with the acceptable
standard of care established in section three, article seven-b of this chapter.
(b) The limitation of
liability established by the provisions of this section shall does
not apply to acts or omissions constituting gross negligence or willful
misconduct. For purposes of this section, the term “athletic event”
includes scheduled practices for any athletic event.