Health care providers; those responding to disaster immune from liability. (SB657)
Introduced By
Progress
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Introduced |
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Passed Committee |
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Passed House |
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Passed Senate |
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Signed by Governor |
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Became Law |
Description
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 if a state or local emergency has been or is subsequently declared in response to such a disaster. This bill further provides that the failure of a health care provider to deliver the same level or manner of care that would be delivered under nondisaster circumstances does not constitute a breach of duty by such provider where the failure results from a lack of necessary resources. 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. Amends § 38.2-324, § 44-146.16, § 44-146.17, § 44-146.18:1, § 44-146.23, § 59.1-526, § 8.01-225.01, § 8.01-225.02, § 8.01-581.1, of the Code of Virginia. View Full Text »
Outcome
History
- 01/09/2008 Presented and ordered printed 080224806
- 01/09/2008 Referred to Committee on Education and Health
- 01/17/2008 Rereferred from Education and Health (12-Y 0-N 1-A) (see vote tally)
- 01/17/2008 Rereferred to Courts of Justice
- 01/18/2008 Assigned Courts sub: Civil
- 02/04/2008 Reported from Courts of Justice with substitute (15-Y 0-N) (see vote tally)
- 02/04/2008 Committee substitute printed 080275280-S1
- 02/05/2008 Constitutional reading dispensed (39-Y 0-N) (see vote tally)
- 02/06/2008 Read second time
- 02/06/2008 Reading of substitute waived
- 02/06/2008 Committee substitute agreed to 080275280-S1
- 02/06/2008 Engrossed by Senate - committee substitute SB657S1
- 02/07/2008 Read third time and passed Senate (39-Y 0-N) (see vote tally)
- 02/07/2008 Communicated to House
- 02/12/2008 Placed on Calendar
- 02/12/2008 Read first time
- 02/12/2008 Referred to Committee for Courts of Justice
- 02/15/2008 Assigned Courts sub: Civil
- 02/15/2008 Reported from Courts of Justice (19-Y 0-N) (see vote tally)
- 02/19/2008 Read second time
- 02/20/2008 Read third time
- 02/20/2008 Passed House BLOCK VOTE (97-Y 0-N)
- 02/20/2008 VOTE: BLOCK VOTE PASSAGE (97-Y 0-N)
- 02/21/2008 Enrolled
- 02/21/2008 Bill text as passed Senate and House (SB657ER)
- 02/21/2008 Signed by Speaker
- 02/25/2008 Signed by President
- 03/02/2008 G Approved by Governor-Chapter 156 (effective 7/1/08)
- 03/02/2008 G Approved by Governor-Chapter 157 (effective 7/1/08)
- 03/05/2008 G Acts of Assembly Chapter text (CHAP0157)