COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 634
(By Senators Stollings, Oliverio, Foster, Minard, Green, Sypolt
and Jenkins)
____________
[Originating in the Committee on Health and Human Resources;
reported March 27, 2009.]
____________
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §55-7-26, relating to
liability of physicians who render services to youth camps and
programs; limiting liability; and providing exceptions.
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 §55-7-26, to read as
follows:
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-26. Limiting liability of physicians who render services to
youth camps and programs.
(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 or any medical
student, graduate medical student or nurse pursuant to the
provisions of article seven, chapter thirty and article seven-a,
chapter thirty of this code, performing medical services under the
direction of a medical or osteopathic physician licensed to
practice in this state: (1) Who is acting in the capacity of a
volunteer health care provider at any youth camp or program; and
(2) who gratuitously and in good faith prior to the commencement of
the your camp or program, agrees to render emergency care or
treatment ro a participant without objection of such participant,
shall not be held liable for any civil damages as a result of such
care or treatment, or as a result of any or failure to act in
providing or arranging further medical treatment.
(b) The limitation of liability established by this section
does not apply to acts or omissions constituting gross negligence.
(c) For purposes of this section, the provision of lodging,
meals and articles of clothing, by a youth camp or program, may not
be considered as financial remuneration.
NOTE: The purpose of this bill is to limit the liability of
medical and osteopathic physicians and those that may work under
their supervision or direction, as volunteers to provide medical
care at a youth camp or program.
This section is new; therefore, strike-throughs and
underscoring have been omitted.