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2009 SESSION

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093256400
HOUSE BILL NO. 2625 Offered January 23, 2009 A BILL to amend the Code of Virginia by adding a section numbered 32.1-111.5:1, relating to emergency medical services personnel; procedure upon receipt of complaint. ---------- Patron-- Abbitt ---------- Referred to Committee on Health, Welfare and Institutions ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 32.1-111.5:1 as follows:

§ 32.1-111.5:1. Emergency medical services personnel; procedure upon receipt of complaint.

A. Upon receipt of a complaint regarding an emergency medical services provider, the Commissioner shall provide, by mail or electronic means, a copy of the written complaint to the emergency medical services provider who is the subject of the complaint, prior to initiation of any investigation of the complaint. The Commissioner shall inform in writing any emergency medical services provider who is the subject of a complaint of the complaint investigation process, the hearing process set forth in the Administrative Process Act (2.2-4000 et seq.), and the emergency medical services provider's right to be represented by counsel. No emergency medical services provider who is the subject of a complaint shall be interviewed as part of the investigation process until such time as the requirements of this section have been met.

B. Upon violation of this section, the emergency medical services provider who is the subject of a complaint may institute a civil action and shall be entitled to recover damages in the amount of $25,000 plus all reasonable costs and attorney fees.