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2008 SESSION
SB 657 Health care providers; those responding to disaster immune from liability.
Introduced by: Stephen D. Newman | all patrons ... notes | add to my profiles
SUMMARY AS PASSED SENATE: (all summaries)
Health care provider liability protections. Provides that, in the absence of gross negligence or willful misconduct, health care providers who respond to a disaster are immune from civil liability for any injury or wrongful death arising from the delivery or withholding of health care. This immunity only applies (i) if a state or local emergency has been or is subsequently declared in response to such a disaster, and (ii) if the emergency and subsequent conditions caused a lack of resources, attributable to the disaster, rendering the health care provider unable to provide the same level or manner of care that would have been required in the absence of the emergency. The bill also allows persons who hold licenses or certificates evidencing their professional or mechanical skills who render aid involving that skill during a disaster to receive reimbursement for their actual and necessary expenses. The bill also combines the definitions of the terms "man-made disaster" and "natural disaster" as contained in the Commonwealth of Virginia Emergency Services and Disaster Law of 2000 into the term "disaster" and adds the term "communicable disease of public health threat" to the definition. The bill also expands when immunity attaches for health care providers who abandon patients in order to respond to a disaster to include disasters, emergencies, and major disasters. This bill also makes technical amendments. This bill is identical to HB 403.
FULL TEXT
- 01/09/08 Senate: Presented and ordered printed 080224806 pdf
- 02/04/08 Senate: Committee substitute printed 080275280-S1 pdf
- 02/21/08 Senate: Bill text as passed Senate and House (SB657ER) pdf
- 03/05/08 Governor: Acts of Assembly Chapter text (CHAP0157) pdf
HISTORY
- 01/09/08 Senate: Presented and ordered printed 080224806
- 01/09/08 Senate: Referred to Committee on Education and Health
- 01/17/08 Senate: Rereferred from Education and Health (12-Y 0-N 1-A)
- 01/17/08 Senate: Rereferred to Courts of Justice
- 01/18/08 Senate: Assigned Courts sub: Civil
- 02/04/08 Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
- 02/04/08 Senate: Committee substitute printed 080275280-S1
- 02/05/08 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/06/08 Senate: Read second time
- 02/06/08 Senate: Reading of substitute waived
- 02/06/08 Senate: Committee substitute agreed to 080275280-S1
- 02/06/08 Senate: Engrossed by Senate - committee substitute SB657S1
- 02/07/08 Senate: Read third time and passed Senate (39-Y 0-N)
- 02/07/08 Senate: Communicated to House
- 02/12/08 House: Placed on Calendar
- 02/12/08 House: Read first time
- 02/12/08 House: Referred to Committee for Courts of Justice
- 02/15/08 House: Assigned Courts sub: Civil
- 02/15/08 House: Reported from Courts of Justice (19-Y 0-N)
- 02/19/08 House: Read second time
- 02/20/08 House: Read third time
- 02/20/08 House: Passed House BLOCK VOTE (97-Y 0-N)
- 02/20/08 House: VOTE: BLOCK VOTE PASSAGE (97-Y 0-N)
- 02/21/08 Senate: Enrolled
- 02/21/08 Senate: Bill text as passed Senate and House (SB657ER)
- 02/21/08 House: Signed by Speaker
- 02/25/08 Senate: Signed by President
- 03/02/08 Governor: Approved by Governor-Chapter 157 (effective 7/1/08)
- 03/05/08 Governor: Acts of Assembly Chapter text (CHAP0157)