Health care providers; those responding to disaster immune from liability. (SB657)

Introduced By

Sen. Steve Newman (R-Forest)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


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 »


Bill Has Passed


01/09/2008Presented and ordered printed 080224806
01/09/2008Referred to Committee on Education and Health
01/17/2008Rereferred from Education and Health (12-Y 0-N 1-A) (see vote tally)
01/17/2008Rereferred to Courts of Justice
01/18/2008Assigned Courts sub: Civil
02/04/2008Reported from Courts of Justice with substitute (15-Y 0-N) (see vote tally)
02/04/2008Committee substitute printed 080275280-S1
02/05/2008Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/06/2008Read second time
02/06/2008Reading of substitute waived
02/06/2008Committee substitute agreed to 080275280-S1
02/06/2008Engrossed by Senate - committee substitute SB657S1
02/07/2008Read third time and passed Senate (39-Y 0-N) (see vote tally)
02/07/2008Communicated to House
02/12/2008Placed on Calendar
02/12/2008Read first time
02/12/2008Referred to Committee for Courts of Justice
02/15/2008Assigned Courts sub: Civil
02/15/2008Reported from Courts of Justice (19-Y 0-N) (see vote tally)
02/19/2008Read second time
02/20/2008Read third time
02/20/2008Passed House BLOCK VOTE (97-Y 0-N)
02/20/2008VOTE: BLOCK VOTE PASSAGE (97-Y 0-N)
02/21/2008Bill text as passed Senate and House (SB657ER)
02/21/2008Signed by Speaker
02/25/2008Signed by President
03/02/2008G Approved by Governor-Chapter 156 (effective 7/1/08)
03/02/2008G Approved by Governor-Chapter 157 (effective 7/1/08)
03/05/2008G Acts of Assembly Chapter text (CHAP0157)

Duplicate Bills

The following bills are identical to this one: HB403.