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2014 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 8.01-225 of the Code of Virginia is amended and reenacted as follows:
§ 8.01-225. Persons rendering emergency care, obstetrical services exempt from liability.
A. Any person who:
1. In good faith, renders emergency care or assistance, without compensation, to any ill or injured person (i) at the scene of an accident, fire, or any life-threatening emergency; (ii) at a location for screening or stabilization of an emergency medical condition arising from an accident, fire, or any life-threatening emergency; or (iii) en route to any hospital, medical clinic, or doctor's office, shall not be liable for any civil damages for acts or omissions resulting from the rendering of such care or assistance.
2. In the absence of gross negligence, renders emergency obstetrical care or assistance to a female in active labor who has not previously been cared for in connection with the pregnancy by such person or by another professionally associated with such person and whose medical records are not reasonably available to such person shall not be liable for any civil damages for acts or omissions resulting from the rendering of such emergency care or assistance. The immunity herein granted shall apply only to the emergency medical care provided.
3. In good faith and without compensation, including any emergency medical services technician certified by the Board of Health, administers epinephrine in an emergency to an individual shall not be liable for any civil damages for ordinary negligence in acts or omissions resulting from the rendering of such treatment if such person has reason to believe that the individual receiving the injection is suffering or is about to suffer a life-threatening anaphylactic reaction.
4. Provides assistance upon request of any police agency, fire department, rescue or emergency squad, or governmental agency in the event of an accident or other emergency involving the use, handling, transportation, transmission, or storage of liquefied petroleum gas, liquefied natural gas, hazardous material, or hazardous waste as defined in § 10.1-1400 or regulations of the Virginia Waste Management Board shall not be liable for any civil damages resulting from any act of commission or omission on his part in the course of his rendering such assistance in good faith.
5. Is an emergency medical care attendant or technician possessing a valid certificate issued by authority of the State Board of Health who in good faith renders emergency care or assistance, whether in person or by telephone or other means of communication, without compensation, to any injured or ill person, whether at the scene of an accident, fire, or any other place, or while transporting such injured or ill person to, from, or between any hospital, medical facility, medical clinic, doctor's office, or other similar or related medical facility, shall not be liable for any civil damages for acts or omissions resulting from the rendering of such emergency care, treatment, or assistance, including but in no way limited to acts or omissions which involve violations of State Department of Health regulations or any other state regulations in the rendering of such emergency care or assistance.
6. In good faith and without compensation, renders or administers emergency cardiopulmonary resuscitation (CPR); cardiac defibrillation, including, but not limited to, the use of an automated external defibrillator (AED); or other emergency life-sustaining or resuscitative treatments or procedures which have been approved by the State Board of Health to any sick or injured person, whether at the scene of a fire, an accident, or any other place, or while transporting such person to or from any hospital, clinic, doctor's office, or other medical facility, shall be deemed qualified to administer such emergency treatments and procedures and shall not be liable for acts or omissions resulting from the rendering of such emergency resuscitative treatments or procedures.
7. Operates an AED at the scene of an emergency, trains individuals to be operators of AEDs, or orders AEDs, shall be immune from civil liability for any personal injury that results from any act or omission in the use of an AED in an emergency where the person performing the defibrillation acts as an ordinary, reasonably prudent person would have acted under the same or similar circumstances, unless such personal injury results from gross negligence or willful or wanton misconduct of the person rendering such emergency care.
8. Maintains an AED located on real property owned or controlled by such person shall be immune from civil liability for any personal injury that results from any act or omission in the use in an emergency of an AED located on such property unless such personal injury results from gross negligence or willful or wanton misconduct of the person who maintains the AED or his agent or employee.
9. Is an employee of a school board or of a local health department approved by the local governing body to provide health services pursuant to § 22.1-274 who, while on school property or at a school-sponsored event, (i) renders emergency care or assistance to any sick or injured person; (ii) renders or administers emergency cardiopulmonary resuscitation (CPR); cardiac defibrillation, including, but not limited to, the use of an automated external defibrillator (AED); or other emergency life-sustaining or resuscitative treatments or procedures that have been approved by the State Board of Health to any sick or injured person; (iii) operates an AED, trains individuals to be operators of AEDs, or orders AEDs; or (iv) maintains an AED, shall not be liable for civil damages for ordinary negligence in acts or omissions on the part of such employee while engaged in the acts described in this subdivision.
9. 10. Is a volunteer in good standing and
certified to render emergency care by the National Ski Patrol System, Inc.,
who, in good faith and without compensation, renders emergency care or
assistance to any injured or ill person, whether at the scene of a ski resort
rescue, outdoor emergency rescue, or any other place or while transporting such
injured or ill person to a place accessible for transfer to any available
emergency medical system unit, or any resort owner voluntarily providing a ski
patroller employed by him to engage in rescue or recovery work at a resort not
owned or operated by him, shall not be liable for any civil damages for acts or
omissions resulting from the rendering of such emergency care, treatment, or
assistance, including but not limited to acts or omissions which involve
violations of any state regulation or any standard of the National Ski Patrol
System, Inc., in the rendering of such emergency care or assistance, unless
such act or omission was the result of gross negligence or willful misconduct.
10. 11. Is an employee of a school board,
authorized by a prescriber and trained in the administration of insulin and
glucagon, who, upon the written request of the parents as defined in § 22.1-1,
assists with the administration of insulin or administers glucagon to a student
diagnosed as having diabetes who requires insulin injections during the school
day or for whom glucagon has been prescribed for the emergency treatment of
hypoglycemia shall not be liable for any civil damages for ordinary negligence
in acts or omissions resulting from the rendering of such treatment if the
insulin is administered according to the child's medication schedule or such
employee has reason to believe that the individual receiving the glucagon is
suffering or is about to suffer life-threatening hypoglycemia. Whenever any
employee of a school board is covered by the immunity granted herein, the
school board employing him shall not be liable for any civil damages for
ordinary negligence in acts or omissions resulting from the rendering of such
insulin or glucagon treatment.
11. 12. Is a school nurse, an employee of a
school board, an employee of a local governing body, or an employee of a local
health department who is authorized by a prescriber and trained in the
administration of epinephrine and who provides, administers, or assists in the
administration of epinephrine to a student believed in good faith to be having
an anaphylactic reaction, or is the prescriber of the epinephrine, shall not be
liable for any civil damages for ordinary negligence in acts or omissions
resulting from the rendering of such treatment.
12. 13. Is an employee of a provider licensed by
the Department of Behavioral Health and Developmental Services, or provides
services pursuant to a contract with a provider licensed by the Department of
Behavioral Health and Developmental Services, who has been trained in the
administration of insulin and glucagon and who administers or assists with the
administration of insulin or administers glucagon to a person diagnosed as
having diabetes who requires insulin injections or for whom glucagon has been
prescribed for the emergency treatment of hypoglycemia in accordance with §
54.1-3408 shall not be liable for any civil damages for ordinary negligence in
acts or omissions resulting from the rendering of such treatment if the insulin
is administered in accordance with the prescriber's instructions or such person
has reason to believe that the individual receiving the glucagon is suffering
or is about to suffer life-threatening hypoglycemia. Whenever any employee of a
provider licensed by the Department of Behavioral Health and Developmental
Services or a person who provides services pursuant to a contract with a
provider licensed by the Department of Behavioral Health and Developmental
Services is covered by the immunity granted herein, the provider shall not be
liable for any civil damages for ordinary negligence in acts or omissions
resulting from the rendering of such insulin or glucagon treatment.
13. 14. Is an employee of a provider licensed by
the Department of Behavioral Health and Developmental Services, or provides
services pursuant to a contract with a provider licensed by the Department of
Behavioral Health and Developmental Services, who has been trained in the
administration of epinephrine and who administers or assists in the
administration of epinephrine to a person believed in good faith to be having
an anaphylactic reaction in accordance with the prescriber's instructions shall
not be liable for any civil damages for ordinary negligence in acts or
omissions resulting from the rendering of such treatment.
14. 15. In good faith and without compensation,
administers naloxone in an emergency to an individual who is experiencing or is
about to experience a life-threatening opiate overdose shall not be liable for
any civil damages for ordinary negligence in acts or omissions resulting from
the rendering of such treatment if such administering person is a participant
in a pilot program conducted by the Department of Behavioral Health and
Developmental Services on the administration of naloxone for the purpose of
counteracting the effects of opiate overdose.
B. Any licensed physician serving without compensation as the operational medical director for a licensed emergency medical services agency in the Commonwealth shall not be liable for any civil damages for any act or omission resulting from the rendering of emergency medical services in good faith by the personnel of such licensed agency unless such act or omission was the result of such physician's gross negligence or willful misconduct.
Any person serving without compensation as a dispatcher for any licensed public or nonprofit emergency services agency in the Commonwealth shall not be liable for any civil damages for any act or omission resulting from the rendering of emergency services in good faith by the personnel of such licensed agency unless such act or omission was the result of such dispatcher's gross negligence or willful misconduct.
Any individual, certified by the State Office of Emergency Medical Services as an emergency medical services instructor and pursuant to a written agreement with such office, who, in good faith and in the performance of his duties, provides instruction to persons for certification or recertification as a certified basic life support or advanced life support emergency medical services technician shall not be liable for any civil damages for acts or omissions on his part directly relating to his activities on behalf of such office unless such act or omission was the result of such emergency medical services instructor's gross negligence or willful misconduct.
Any licensed physician serving without compensation as a medical advisor to an E-911 system in the Commonwealth shall not be liable for any civil damages for any act or omission resulting from rendering medical advice in good faith to establish protocols to be used by the personnel of the E-911 service, as defined in § 58.1-1730, when answering emergency calls unless such act or omission was the result of such physician's gross negligence or willful misconduct.
Any licensed physician who directs the provision of emergency medical services, as authorized by the State Board of Health, through a communications device shall not be liable for any civil damages for any act or omission resulting from the rendering of such emergency medical services unless such act or omission was the result of such physician's gross negligence or willful misconduct.
Any licensed physician serving without compensation as a supervisor of an AED in the Commonwealth shall not be liable for any civil damages for any act or omission resulting from rendering medical advice in good faith to the owner of the AED relating to personnel training, local emergency medical services coordination, protocol approval, AED deployment strategies, and equipment maintenance plans and records unless such act or omission was the result of such physician's gross negligence or willful misconduct.
C. Any communications services provider, as defined in § 58.1-647, including mobile service, and any provider of Voice-over-Internet Protocol service, in the Commonwealth shall not be liable for any civil damages for any act or omission resulting from rendering such service with or without charge related to emergency calls unless such act or omission was the result of such service provider's gross negligence or willful misconduct.
Any volunteer engaging in rescue or recovery work at a mine, or any mine operator voluntarily providing personnel to engage in rescue or recovery work at a mine not owned or operated by such operator, shall not be liable for civil damages for acts or omissions resulting from the rendering of such rescue or recovery work in good faith unless such act or omission was the result of gross negligence or willful misconduct. For purposes of this subsection, the term "Voice-over-Internet Protocol service" or "VoIP service" means any Internet protocol-enabled services utilizing a broadband connection, actually originating or terminating in Internet Protocol from either or both ends of a channel of communication offering real time, multidirectional voice functionality, including, but not limited to, services similar to traditional telephone service.
D. Nothing contained in this section shall be construed to provide immunity from liability arising out of the operation of a motor vehicle.
E. [Expired.]
F. For the purposes of this section, the term "compensation" shall not be construed to include (i) the salaries of police, fire, or other public officials or personnel who render such emergency assistance, (ii) the salaries or wages of employees of a coal producer engaging in emergency medical technician service or first aid service pursuant to the provisions of § 45.1-161.38, 45.1-161.101, 45.1-161.199, or 45.1-161.263, (iii) complimentary lift tickets, food, lodging, or other gifts provided as a gratuity to volunteer members of the National Ski Patrol System, Inc., by any resort, group, or agency, (iv) the salary of any person who (a) owns an AED for the use at the scene of an emergency, (b) trains individuals, in courses approved by the Board of Health, to operate AEDs at the scene of emergencies, (c) orders AEDs for use at the scene of emergencies, or (d) operates an AED at the scene of an emergency, or (v) expenses reimbursed to any person providing care or assistance pursuant to this section.
For the purposes of this section, an emergency medical care attendant or technician shall be deemed to include a person licensed or certified as such or its equivalent by any other state when he is performing services which he is licensed or certified to perform by such other state in caring for a patient in transit in the Commonwealth, which care originated in such other state.
Further, the public shall be urged to receive training on how to use CPR and an AED in order to acquire the skills and confidence to respond to emergencies using both CPR and an AED.