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2023 SESSION

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23100123D
SENATE BILL NO. 1379 Senate Amendments in [ ] – February 7, 2023 Prefiled January 11, 2023 A BILL to amend the Code of Virginia by adding in Article 7 of Chapter 3 of Title 53.1 a section numbered 53.1-133.06, relating to local and regional correctional facilities; provision of medical services; waiver of sovereign immunity. ---------- Patron Prior to Engrossment--Senator Deeds ---------- Referred to Committee on Rehabilitation and Social Services ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 7 of Chapter 3 of Title 53.1 a section numbered 53.1-133.06 as follows:

§ 53.1-133.06. Sovereign immunity; provision of medical services.

A [ health care provider physician ] , as defined in § 8.01-581.1, who is employed by a locality or by a local or regional correctional facility to provide medical services to prisoners shall be liable to a prisoner for a claim of wrongful death or injury to the person caused by the negligent or wrongful act or omission of such [ provider physician ] while acting within the scope of such employment. [ This section serves to waive any sovereign immunity to which such an employee would otherwise be entitled. ]