2006 Code of Virginia § 8.01-225.01 - Certain immunity for health care providers during man-made disasters under specific circumstance...

8.01-225.01. Certain immunity for health care providers during man-madedisasters under specific circumstances.

A. In the absence of gross negligence or willful misconduct, any health careprovider who responds to a man-made disaster by delivering health care topersons injured in such man-made disaster shall be immune from civilliability for any injury or wrongful death arising from abandonment by suchhealth care provider of any person to whom such health care provider owes aduty to provide health care when (i) a state or local emergency has been oris subsequently declared; and (ii) the provider was unable to provide therequisite health care to the person to whom he owed such duty of care as aresult of the provider's voluntary or mandatory response to the relevantman-made disaster.

B. In the absence of gross negligence or willful misconduct, any hospital orother entity credentialing health care providers to deliver health care inresponse to a man-made disaster shall be immune from civil liability for anycause of action arising out of such credentialing or granting of practiceprivileges if (i) a state or local emergency has been or is subsequentlydeclared; and (ii) the hospital has followed procedures for suchcredentialing and granting of practice privileges that are consistent withthe Joint Commission on Accreditation of Healthcare Organizations' standardsfor granting emergency practice privileges.

C. For the purposes of this section:

"Health care provider" means those professions defined as such in 8.01-581.1; and

"Man-made disaster" means the circumstances described in 44-146.16.

D. The immunity provided by this section shall be in addition to, and shallnot be in lieu of, any immunities provided in other state or federal law,including, but not limited to, 8.01-225 and 44-146.23.

(2003, c. 507.)