Senate Bill No. 422
(By Senators Foster, Unger and Laird)
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[Introduced February 1, 2010; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §16-4D-4 of the Code of West Virginia,
1931, as amended, relating to
limiting liability for
anticipated automatic external defibrillator users who are not
health care providers.
Be it enacted by the Legislature of West Virginia:
That §16-4D-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 4D. AUTOMATED EXTERNAL DEFIBRILLATORS.
§16-4D-4. Limitation on liability.
A person is not liable for civil damages as a result of any
act or omission in rendering emergency medical care or treatment
involving the use of an
AED automated external defibrillator if the
care or treatment does not amount to gross negligence and the
following conditions are met:
(1) The person, entity, certified trainer or medical director
of the early defibrillation program is in compliance with the provisions of section three of this article; and
(2) The person is an anticipated operator of an
AED automated
external defibrillator who gratuitously and in good faith rendered
emergency medical care, pursuant to the requirements of section
three of this article, other than in the ordinary course of the
person's employment or profession
as a health care provider, as
defined in
section two, article two-d of this chapter; or
(3) The person is an unanticipated operator who gratuitously
and in good faith rendered emergency medical care.
NOTE: The purpose of this bill is to limit liability for
anticipated automatic external defibrillator users who are not
health care providers.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added