H. B. 4449
(By Delegates Staton, Douglas,
Leach, Bean, Facemyer, L. White and Martin)
[Introduced February 16, 1998; referred to the
Committee on the Judiciary.]
A BILL to amend article seven, chapter fifty-five the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section nineteen,
relating to limitation on liability for persons who have
completed an authorized training program and who gratuitously
and in good faith render emergency medical care involving the
use of an automatic external defibrillator.
Be it enacted by the Legislature of West Virginia:
That article seven, chapter fifty-five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
nineteen, to read as follows:
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-19. Gratuitous use of defibrillators; limitation on
liability.
Any person:
(a) Who has successfully completed the training requirements
of a course in basic emergency care of a person in cardiac arrest
that included instruction in the operation and use of an automatic
external defibrillator conducted in accordance with the standards
of the American Heart Association; and
(b) Who gratuitously and in good faith renders emergency
medical care involving the use of an automatic external
defibrillator in accordance with that training, other than in the
ordinary course of his or her employment or profession and without
objection from the injured victim:
(c) Shall not be liable for civil damages as a result of any
act or omission that does not amount to gross negligence.
NOTE: The purpose of this bill is to place a limitation on
liability for those who have completed an authorized training
program and who gratuitously and in good faith render emergency
medical care involving the use of an automatic external
defibrillator.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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