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2008 SESSION
HB 403 Health care providers; those responding to disaster immune from liability.
Introduced by: Phillip A. Hamilton | all patrons ... notes | add to my profiles
SUMMARY AS PASSED HOUSE: (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 SB 657.
FULL TEXT
- 01/04/08 House: Prefiled and ordered printed; offered 01/09/08 080205528 pdf
- 01/29/08 House: Committee substitute printed 081483528-H1 pdf
- 02/21/08 House: Bill text as passed House and Senate (HB403ER) pdf
- 03/05/08 Governor: Acts of Assembly Chapter text (CHAP0121) pdf
HISTORY
- 01/04/08 House: Prefiled and ordered printed; offered 01/09/08 080205528
- 01/04/08 House: Referred to Committee for Courts of Justice
- 01/10/08 House: Assigned Courts sub: Civil
- 01/28/08 House: Reported from Courts of Justice with substitute (22-Y 0-N)
- 01/29/08 House: Committee substitute printed 081483528-H1
- 01/30/08 House: Read first time
- 01/31/08 House: Read second time
- 01/31/08 House: Committee substitute agreed to 081483528-H1
- 01/31/08 House: Engrossed by House - committee substitute HB403H1
- 02/01/08 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)
- 02/01/08 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
- 02/01/08 House: Communicated to Senate
- 02/04/08 Senate: Constitutional reading dispensed
- 02/04/08 Senate: Referred to Committee on Education and Health
- 02/14/08 Senate: Rereferred from Education and Health (15-Y 0-N)
- 02/14/08 Senate: Rereferred to Courts of Justice
- 02/18/08 Senate: Reported from Courts of Justice (12-Y 0-N)
- 02/19/08 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/20/08 Senate: Read third time
- 02/20/08 Senate: Passed Senate (40-Y 0-N)
- 02/21/08 House: Enrolled
- 02/21/08 House: Bill text as passed House and Senate (HB403ER)
- 02/22/08 House: Signed by Speaker
- 02/25/08 Senate: Signed by President
- 03/02/08 Governor: Approved by Governor-Chapter 121 (effective 7/1/08)
- 03/05/08 Governor: Acts of Assembly Chapter text (CHAP0121)