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. Read the Bill »
Outcome
History
Date | Action |
---|---|
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) |