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2013 SESSION
13100019DBe 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 any 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 automated external
defibrillator AED
at the scene of an emergency, trains individuals to be operators of automated external defibrillators AEDs, or orders automated external
defibrillators AEDs,
shall be immune from civil liability for any personal injury that results from
any act or omission in the use of an automated external
defibrillator 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. Acquires 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 provided that such person (i) maintains and tests the AED according to the manufacturer's operational instructions and (ii) notifies the emergency medical services agencies serving the jurisdiction where the real property is situated of the current location of the AED, unless such personal injury results from gross negligence or willful or wanton misconduct of the person who acquired the AED.
8. 9. 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.
9. 10. 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.
10. 11. Is a
school nurse or an employee of a school board, authorized by a prescriber and
trained in the administration of epinephrine, 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.
B. Any licensed physician serving without compensation as the
operational medical director for a licensed emergency medical services agency
in this 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 this 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 this 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 automated external
defibrillator AED
in this 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 automated external defibrillator AED relating to personnel
training, local emergency medical services coordination, protocol approval, automated external defibrillator 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 this 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 automated external defibrillator AED for the use at the scene
of an emergency, (b) trains individuals, in courses approved by the Board of
Health, to operate automated external
defibrillators AEDs
at the scene of emergencies, (c) orders automated external
defibrillators AEDs
for use at the scene of emergencies, or (d) operates an
automated external defibrillator 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 this the Commonwealth, which care
originated in such other state.
Further, the public shall be urged to receive training on how
to use cardiopulmonary
resuscitation (CPR) CPR and an automated
external defibrillator (AED) AED in order to acquire the
skills and confidence to respond to emergencies using both CPR and an AED.