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2007 SESSION

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076127776
SENATE JOINT RESOLUTION NO. 390 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on Rules on February 2, 2007) (Patron Prior to Substitute--Senator Newman) Directing the Joint Commission on Health Care to study the feasibility of offering liability protections to health care providers rendering aid during a state or local emergency. Report.

WHEREAS, health care providers responding during a disaster or a declared emergency may not have access to the same level of resources that are ordinarily available; and

WHEREAS, during an emergency, health care providers must make decisions as to the level of care they can render based upon what resources are available; and

WHEREAS, health care providers may need to render care during an emergency that is outside their scope of practice; and

WHEREAS, a disaster may be declared at the state or local level; now, therefore, be it

RESOLVED by the Senate, the House of Delegates concurring, That the Joint Commission on Health Care be directed to study the feasibility of offering liability protections to health care providers rendering aid during a state or local emergency.

In conducting its study, the Joint Commission on Health Care shall examine the estimated benefits to the citizens of the Commonwealth of enhanced liability protections for health care providers as well as determining how many other states provide these kinds of liability protections.

All agencies of the Commonwealth shall provide assistance to the Joint Commission on Health Care for this study, upon request.

The Joint Commission on Health Care shall complete its meetings by November 30, 2007, and the chairman shall submit to the Division of Legislative Automated Systems an executive summary of its findings and recommendations no later than the first day of the 2008 Regular Session of the General Assembly. The executive summary shall state whether the Joint Commission on Health Care intends to submit to the General Assembly and the Governor a report of its findings and recommendations for publication as a House or Senate document. The executive summary and the report shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.