2006 Code of Virginia § 8.01-225 - (Effective until January 1, 2007 - see Editor\'s notes) Persons rendering emergency care, obstetric...

8.01-225. (Effective until January 1, 2007 - see Editor's notes) Personsrendering emergency care, obstetrical services exempt from liability.

A. Any person who:

1. In good faith, renders emergency care or assistance, without compensation,to any ill or injured person at the scene of an accident, fire, or anylife-threatening emergency, or en route therefrom to any hospital, medicalclinic or doctor's office, shall not be liable for any civil damages for actsor omissions resulting from the rendering of such care or assistance.

2. In the absence of gross negligence, renders emergency obstetrical care orassistance to a female in active labor who has not previously been cared forin connection with the pregnancy by such person or by another professionallyassociated with such person and whose medical records are not reasonablyavailable to such person shall not be liable for any civil damages for actsor omissions resulting from the rendering of such emergency care orassistance. The immunity herein granted shall apply only to the emergencymedical care provided.

3. In good faith and without compensation, including any emergency medicalservices technician certified by the Board of Health, administers epinephrinein an emergency to an individual shall not be liable for any civil damagesfor ordinary negligence in acts or omissions resulting from the rendering ofsuch treatment if such person has reason to believe that the individualreceiving the injection is suffering or is about to suffer a life-threateninganaphylactic reaction.

4. Provides assistance upon request of any police agency, fire department,rescue or emergency squad, or any governmental agency in the event of anaccident or other emergency involving the use, handling, transportation,transmission or storage of liquefied petroleum gas, liquefied natural gas,hazardous material or hazardous waste as defined in 18.2-278.1 orregulations of the Virginia Waste Management Board shall not be liable forany civil damages resulting from any act of commission or omission on hispart in the course of his rendering such assistance in good faith.

5. Is an emergency medical care attendant or technician possessing a validcertificate issued by authority of the State Board of Health who in goodfaith renders emergency care or assistance whether in person or by telephoneor other means of communication, without compensation, to any injured or illperson, whether at the scene of an accident, fire or any other place, orwhile transporting such injured or ill person to, from or between anyhospital, medical facility, medical clinic, doctor's office or other similaror related medical facility, shall not be liable for any civil damages foracts or omissions resulting from the rendering of such emergency care,treatment or assistance, including but in no way limited to acts or omissionswhich involve violations of State Department of Health regulations or anyother state regulations in the rendering of such emergency care or assistance.

6. In good faith and without compensation, renders or administers emergencycardiopulmonary resuscitation, cardiac defibrillation, including, but notlimited to, the use of an automated external defibrillator, or otheremergency life-sustaining or resuscitative treatments or procedures whichhave been approved by the State Board of Health to any sick or injuredperson, whether at the scene of a fire, an accident or any other place, orwhile transporting such person to or from any hospital, clinic, doctor'soffice or other medical facility, shall be deemed qualified to administersuch emergency treatments and procedures and shall not be liable for acts oromissions resulting from the rendering of such emergency resuscitativetreatments or procedures.

7. Operates an automated external defibrillator at the scene of an emergency,trains individuals to be operators of automated external defibrillators, ororders automated external defibrillators, shall be immune from civilliability for any personal injury that results from any act or omission inthe use of an automated external defibrillator in an emergency where theperson performing the defibrillation acts as an ordinary, reasonably prudentperson would have acted under the same or similar circumstances, unless suchpersonal injury results from gross negligence or willful or wanton misconductof the person rendering such emergency care.

8. Is a volunteer in good standing and certified to render emergency care bythe National Ski Patrol System, Inc., who, in good faith and withoutcompensation, renders emergency care or assistance to any injured or illperson, whether at the scene of a ski resort rescue, outdoor emergency rescueor any other place or while transporting such injured or ill person to aplace accessible for transfer to any available emergency medical system unit,or any resort owner voluntarily providing a ski patroller employed by him toengage in rescue or recovery work at a resort not owned or operated by him,shall not be liable for any civil damages for acts or omissions resultingfrom the rendering of such emergency care, treatment or assistance, includingbut not limited to acts or omissions which involve violations of any stateregulation or any standard of the National Ski Patrol System, Inc., in therendering of such emergency care or assistance, unless such act or omissionwas the result of gross negligence or willful misconduct.

9. Is an employee of a school board, authorized by a prescriber and trainedin the administration of insulin and glucagon, who, upon the written requestof the parents as defined in 22.1-1, assists with the administration ofinsulin or administers glucagon to a student diagnosed as having diabetes whorequires insulin injections during the school day or for whom glucagon hasbeen prescribed for the emergency treatment of hypoglycemia shall not beliable for any civil damages for ordinary negligence in acts or omissionsresulting from the rendering of such treatment if the insulin is administeredaccording to the child's medication schedule or such employee has reason tobelieve that the individual receiving the glucagon is suffering or is aboutto suffer life-threatening hypoglycemia. Whenever any employee of a schoolboard is covered by the immunity granted herein, the school board employinghim shall not be liable for any civil damages for ordinary negligence in actsor omissions resulting from the rendering of such insulin or glucagontreatment.

B. Any licensed physician serving without compensation as the operationalmedical director for a licensed emergency medical services agency in thisCommonwealth shall not be liable for any civil damages for any act oromission resulting from the rendering of emergency medical services in goodfaith by the personnel of such licensed agency unless such act or omissionwas the result of such physician's gross negligence or willful misconduct.

Any person serving without compensation as a dispatcher for any licensedpublic or nonprofit emergency services agency in this Commonwealth shall notbe liable for any civil damages for any act or omission resulting from therendering of emergency services in good faith by the personnel of suchlicensed agency unless such act or omission was the result of suchdispatcher's gross negligence or willful misconduct.

Any individual, certified by the State Office of Emergency Medical Servicesas an emergency medical services instructor and pursuant to a writtenagreement with such office, who, in good faith and in the performance of hisduties, provides instruction to persons for certification or recertificationas a certified basic life support or advanced life support emergency medicalservices technician shall not be liable for any civil damages for acts oromissions on his part directly relating to his activities on behalf of suchoffice unless such act or omission was the result of such emergency medicalservices instructor's gross negligence or willful misconduct.

Any licensed physician serving without compensation as a medical advisor toan E-911 system in this Commonwealth shall not be liable for any civildamages for any act or omission resulting from rendering medical advice ingood faith to establish protocols to be used by the personnel of the E-911service, as defined in 58.1-3813.1, when answering emergency calls unlesssuch act or omission was the result of such physician's gross negligence orwillful misconduct.

Any licensed physician who directs the provision of emergency medicalservices, as authorized by the State Board of Health, through acommunications device shall not be liable for any civil damages for any actor omission resulting from the rendering of such emergency medical servicesunless such act or omission was the result of such physician's grossnegligence or willful misconduct.

Any licensed physician serving without compensation as a supervisor of anautomated external defibrillator in this Commonwealth shall not be liable forany civil damages for any act or omission resulting from rendering medicaladvice in good faith to the owner of the automated external defibrillatorrelating to personnel training, local emergency medical servicescoordination, protocol approval, automated external defibrillator deploymentstrategies, and equipment maintenance plans and records unless such act oromission was the result of such physician's gross negligence or willfulmisconduct.

C. Any provider of telecommunication service, as defined in 58.1-3812,including mobile service, in this Commonwealth shall not be liable for anycivil damages for any act or omission resulting from rendering such servicewith or without charge related to emergency calls unless such act or omissionwas the result of such service provider's gross negligence or willfulmisconduct.

Any volunteer engaging in rescue or recovery work at a mine or any mineoperator voluntarily providing personnel to engage in rescue or recovery workat a mine not owned or operated by such operator, shall not be liable forcivil damages for acts or omissions resulting from the rendering of suchrescue or recovery work in good faith unless such act or omission was theresult of gross negligence or willful misconduct.

D. Nothing contained in this section shall be construed to provide immunityfrom liability arising out of the operation of a motor vehicle.

E. (Expires July 1, 2008) 1. In the absence of gross negligence or willfulmisconduct, a health care provider shall not be liable in any civil actionresulting from (i) injuries to any health care worker sustained in connectionwith administration of the vaccinia (smallpox) vaccine or other smallpoxcountermeasure, or (ii) any injuries to any other person sustained as aresult of such other person coming into contact, directly or indirectly, witha health care worker; provided the vaccinia (smallpox) vaccine or smallpoxcountermeasure was administered and monitored in accordance with therecommendations of the Centers for Disease Control and Prevention in effectat the time of the vaccinia (smallpox) vaccine or other smallpoxcountermeasure administration. Nothing in this subsection shall preclude aninjured health care worker, who is otherwise eligible for workers'compensation benefits pursuant to Title 65.2, from receipt of such benefits.

2. In the absence of gross negligence or willful misconduct, a health careworker shall not be liable in any civil action for injuries to any otherperson sustained as a result of such other person coming into contact,directly or indirectly, with a health care worker, provided the vaccinia(smallpox) vaccine or smallpox countermeasure was administered and monitoredin accordance with the recommendations of the Centers for Disease Control andPrevention in effect at the time of the vaccinia (smallpox) vaccine or othersmallpox countermeasure administration.

3. For the purposes of this subsection, "health care provider" means ahealth care provider participating in a smallpox preparedness program,pursuant to a declaration by the United States Department of Health and HumanServices ("HHS"), through which individuals associated with the health careprovider have received the vaccinia (smallpox) vaccine or other smallpoxcountermeasure defined by HHS from any hospital, clinic, state or localhealth department, or any other entity that is identified by state or localgovernment entities or the HHS to participate in a vaccination program.

4. For the purposes of this subsection, "health care worker" means a healthcare worker to whom the vaccinia (smallpox) vaccine or other smallpoxcountermeasure has been administered as part of a smallpox preparednessprogram pursuant to a declaration by HHS. Such health care workers shallinclude but shall not be limited to: (i) employees of a health care providerreferenced in subdivision 3, (ii) independent contractors with a health careprovider referenced in subdivision 3, (iii) persons who have practiceprivileges in a hospital, (iv) persons who have agreed to be on call in anemergency room, (v) persons who otherwise regularly deliver prehospital careto patients admitted to a hospital, and (vi) first responders who, for thepurposes of this section, are defined as any law-enforcement officer,firefighter, emergency medical personnel, or other public safety personnelfunctioning in a role identified by a federal, state, or local emergencyresponse plan.

F. For the purposes of this section, the term "compensation" shall not beconstrued to include (i) the salaries of police, fire or other publicofficials or personnel who render such emergency assistance, (ii) thesalaries or wages of employees of a coal producer engaging in emergencymedical technician service or first aid service pursuant to the provisions of 45.1-161.38, 45.1-161.101, 45.1-161.199 or 45.1-161.263, (iii)complimentary lift tickets, food, lodging or other gifts provided as agratuity to volunteer members of the National Ski Patrol System, Inc., by anyresort, group or agency, or (iv) the salary of any person who (a) owns anautomated external defibrillator for the use at the scene of an emergency,(b) trains individuals, in courses approved by the Board of Health, tooperate automated external defibrillators at the scene of emergencies, (c)orders automated external defibrillators for use at the scene of emergencies,or (d) operates an automated external defibrillator at the scene of anemergency.

For the purposes of this section, an emergency medical care attendant ortechnician shall be deemed to include a person licensed or certified as suchor its equivalent by any other state when he is performing services which heis licensed or certified to perform by such other state in caring for apatient in transit in this Commonwealth, which care originated in such otherstate.

Further, the public shall be urged to receive training on how to usecardiopulmonary resuscitation (CPR) and an automated external defibrillator(AED) in order to acquire the skills and confidence to respond to emergenciesusing both CPR and an AED.

(Code 1950, 54-276.9; 1962, c. 449; 1964, c. 568; 1968, c. 796; 1972, c.578; 1975, c. 508; 1977, c. 441; 1978, cc. 94, 707; 1979, cc. 713, 729; 1980,c. 419; 1983, c. 72; 1984, cc. 493, 577; 1987, cc. 260, 382; 1990, c. 898;1996, c. 899; 1997, cc. 334, 809; 1998, cc. 493, 500; 1999, cc. 570, 1000;2000, cc. 928, 1064; 2003, cc. 18, 978, 1020; 2005, c. 426.)

8.01-225. (Effective January 1, 2007 - see Editor's notes for expiration)Persons rendering emergency care, obstetrical services exempt from liability.

A. Any person who:

1. In good faith, renders emergency care or assistance, without compensation,to any ill or injured person at the scene of an accident, fire, or anylife-threatening emergency, or en route therefrom to any hospital, medicalclinic or doctor's office, shall not be liable for any civil damages for actsor omissions resulting from the rendering of such care or assistance.

2. In the absence of gross negligence, renders emergency obstetrical care orassistance to a female in active labor who has not previously been cared forin connection with the pregnancy by such person or by another professionallyassociated with such person and whose medical records are not reasonablyavailable to such person shall not be liable for any civil damages for actsor omissions resulting from the rendering of such emergency care orassistance. The immunity herein granted shall apply only to the emergencymedical care provided.

3. In good faith and without compensation, including any emergency medicalservices technician certified by the Board of Health, administers epinephrinein an emergency to an individual shall not be liable for any civil damagesfor ordinary negligence in acts or omissions resulting from the rendering ofsuch treatment if such person has reason to believe that the individualreceiving the injection is suffering or is about to suffer a life-threateninganaphylactic reaction.

4. Provides assistance upon request of any police agency, fire department,rescue or emergency squad, or any governmental agency in the event of anaccident or other emergency involving the use, handling, transportation,transmission or storage of liquefied petroleum gas, liquefied natural gas,hazardous material or hazardous waste as defined in 18.2-278.1 orregulations of the Virginia Waste Management Board shall not be liable forany civil damages resulting from any act of commission or omission on hispart in the course of his rendering such assistance in good faith.

5. Is an emergency medical care attendant or technician possessing a validcertificate issued by authority of the State Board of Health who in goodfaith renders emergency care or assistance whether in person or by telephoneor other means of communication, without compensation, to any injured or illperson, whether at the scene of an accident, fire or any other place, orwhile transporting such injured or ill person to, from or between anyhospital, medical facility, medical clinic, doctor's office or other similaror related medical facility, shall not be liable for any civil damages foracts or omissions resulting from the rendering of such emergency care,treatment or assistance, including but in no way limited to acts or omissionswhich involve violations of State Department of Health regulations or anyother state regulations in the rendering of such emergency care or assistance.

6. In good faith and without compensation, renders or administers emergencycardiopulmonary resuscitation, cardiac defibrillation, including, but notlimited to, the use of an automated external defibrillator, or otheremergency life-sustaining or resuscitative treatments or procedures whichhave been approved by the State Board of Health to any sick or injuredperson, whether at the scene of a fire, an accident or any other place, orwhile transporting such person to or from any hospital, clinic, doctor'soffice or other medical facility, shall be deemed qualified to administersuch emergency treatments and procedures and shall not be liable for acts oromissions resulting from the rendering of such emergency resuscitativetreatments or procedures.

7. Operates an automated external defibrillator at the scene of an emergency,trains individuals to be operators of automated external defibrillators, ororders automated external defibrillators, shall be immune from civilliability for any personal injury that results from any act or omission inthe use of an automated external defibrillator in an emergency where theperson performing the defibrillation acts as an ordinary, reasonably prudentperson would have acted under the same or similar circumstances, unless suchpersonal injury results from gross negligence or willful or wanton misconductof the person rendering such emergency care.

8. Is a volunteer in good standing and certified to render emergency care bythe National Ski Patrol System, Inc., who, in good faith and withoutcompensation, renders emergency care or assistance to any injured or illperson, whether at the scene of a ski resort rescue, outdoor emergency rescueor any other place or while transporting such injured or ill person to aplace accessible for transfer to any available emergency medical system unit,or any resort owner voluntarily providing a ski patroller employed by him toengage in rescue or recovery work at a resort not owned or operated by him,shall not be liable for any civil damages for acts or omissions resultingfrom the rendering of such emergency care, treatment or assistance, includingbut not limited to acts or omissions which involve violations of any stateregulation or any standard of the National Ski Patrol System, Inc., in therendering of such emergency care or assistance, unless such act or omissionwas the result of gross negligence or willful misconduct.

9. Is an employee of a school board, authorized by a prescriber and trainedin the administration of insulin and glucagon, who, upon the written requestof the parents as defined in 22.1-1, assists with the administration ofinsulin or administers glucagon to a student diagnosed as having diabetes whorequires insulin injections during the school day or for whom glucagon hasbeen prescribed for the emergency treatment of hypoglycemia shall not beliable for any civil damages for ordinary negligence in acts or omissionsresulting from the rendering of such treatment if the insulin is administeredaccording to the child's medication schedule or such employee has reason tobelieve that the individual receiving the glucagon is suffering or is aboutto suffer life-threatening hypoglycemia. Whenever any employee of a schoolboard is covered by the immunity granted herein, the school board employinghim shall not be liable for any civil damages for ordinary negligence in actsor omissions resulting from the rendering of such insulin or glucagontreatment.

B. Any licensed physician serving without compensation as the operationalmedical director for a licensed emergency medical services agency in thisCommonwealth shall not be liable for any civil damages for any act oromission resulting from the rendering of emergency medical services in goodfaith by the personnel of such licensed agency unless such act or omissionwas the result of such physician's gross negligence or willful misconduct.

Any person serving without compensation as a dispatcher for any licensedpublic or nonprofit emergency services agency in this Commonwealth shall notbe liable for any civil damages for any act or omission resulting from therendering of emergency services in good faith by the personnel of suchlicensed agency unless such act or omission was the result of suchdispatcher's gross negligence or willful misconduct.

Any individual, certified by the State Office of Emergency Medical Servicesas an emergency medical services instructor and pursuant to a writtenagreement with such office, who, in good faith and in the performance of hisduties, provides instruction to persons for certification or recertificationas a certified basic life support or advanced life support emergency medicalservices technician shall not be liable for any civil damages for acts oromissions on his part directly relating to his activities on behalf of suchoffice unless such act or omission was the result of such emergency medicalservices instructor's gross negligence or willful misconduct.

Any licensed physician serving without compensation as a medical advisor toan E-911 system in this Commonwealth shall not be liable for any civildamages for any act or omission resulting from rendering medical advice ingood faith to establish protocols to be used by the personnel of the E-911service, as defined in 58.1-1730, when answering emergency calls unlesssuch act or omission was the result of such physician's gross negligence orwillful misconduct.

Any licensed physician who directs the provision of emergency medicalservices, as authorized by the State Board of Health, through acommunications device shall not be liable for any civil damages for any actor omission resulting from the rendering of such emergency medical servicesunless such act or omission was the result of such physician's grossnegligence or willful misconduct.

Any licensed physician serving without compensation as a supervisor of anautomated external defibrillator in this Commonwealth shall not be liable forany civil damages for any act or omission resulting from rendering medicaladvice in good faith to the owner of the automated external defibrillatorrelating to personnel training, local emergency medical servicescoordination, protocol approval, automated external defibrillator deploymentstrategies, and equipment maintenance plans and records unless such act oromission was the result of such physician's gross negligence or willfulmisconduct.

C. Any communications services provider, as defined in 58.1-647, includingmobile service, and any provider of Voice-over-Internet Protocol service, inthis Commonwealth shall not be liable for any civil damages for any act oromission resulting from rendering such service with or without charge relatedto emergency calls unless such act or omission was the result of such serviceprovider's gross negligence or willful misconduct.

Any volunteer engaging in rescue or recovery work at a mine or any mineoperator voluntarily providing personnel to engage in rescue or recovery workat a mine not owned or operated by such operator, shall not be liable forcivil damages for acts or omissions resulting from the rendering of suchrescue or recovery work in good faith unless such act or omission was theresult of gross negligence or willful misconduct. For purposes of thissubsection, the term "Voice-over-Internet Protocol service" or "VoIPservice" means any Internet protocol-enabled services utilizing a broadbandconnection, actually originating or terminating in Internet Protocol fromeither or both ends of a channel of communication offering real time,multidirectional voice functionality, including, but not limited to, servicessimilar to traditional telephone service.

D. Nothing contained in this section shall be construed to provide immunityfrom liability arising out of the operation of a motor vehicle.

E. (Expires July 1, 2008) 1. In the absence of gross negligence or willfulmisconduct, a health care provider shall not be liable in any civil actionresulting from (i) injuries to any health care worker sustained in connectionwith administration of the vaccinia (smallpox) vaccine or other smallpoxcountermeasure, or (ii) any injuries to any other person sustained as aresult of such other person coming into contact, directly or indirectly, witha health care worker; provided the vaccinia (smallpox) vaccine or smallpoxcountermeasure was administered and monitored in accordance with therecommendations of the Centers for Disease Control and Prevention in effectat the time of the vaccinia (smallpox) vaccine or other smallpoxcountermeasure administration. Nothing in this subsection shall preclude aninjured health care worker, who is otherwise eligible for workers'compensation benefits pursuant to Title 65.2, from receipt of such benefits.

2. In the absence of gross negligence or willful misconduct, a health careworker shall not be liable in any civil action for injuries to any otherperson sustained as a result of such other person coming into contact,directly or indirectly, with a health care worker, provided the vaccinia(smallpox) vaccine or smallpox countermeasure was administered and monitoredin accordance with the recommendations of the Centers for Disease Control andPrevention in effect at the time of the vaccinia (smallpox) vaccine or othersmallpox countermeasure administration.

3. For the purposes of this subsection, "health care provider" means ahealth care provider participating in a smallpox preparedness program,pursuant to a declaration by the United States Department of Health and HumanServices (HHS), through which individuals associated with the health careprovider have received the vaccinia (smallpox) vaccine or other smallpoxcountermeasure defined by HHS from any hospital, clinic, state or localhealth department, or any other entity that is identified by state or localgovernment entities or the HHS to participate in a vaccination program.

4. For the purposes of this subsection, "health care worker" means a healthcare worker to whom the vaccinia (smallpox) vaccine or other smallpoxcountermeasure has been administered as part of a smallpox preparednessprogram pursuant to a declaration by HHS. Such health care workers shallinclude but shall not be limited to: (i) employees of a health care providerreferenced in subdivision 3, (ii) independent contractors with a health careprovider referenced in subdivision 3, (iii) persons who have practiceprivileges in a hospital, (iv) persons who have agreed to be on call in anemergency room, (v) persons who otherwise regularly deliver prehospital careto patients admitted to a hospital, and (vi) first responders who, for thepurposes of this section, are defined as any law-enforcement officer,firefighter, emergency medical personnel, or other public safety personnelfunctioning in a role identified by a federal, state, or local emergencyresponse plan.

F. For the purposes of this section, the term "compensation" shall not beconstrued to include (i) the salaries of police, fire or other publicofficials or personnel who render such emergency assistance, (ii) thesalaries or wages of employees of a coal producer engaging in emergencymedical technician service or first aid service pursuant to the provisions of 45.1-161.38, 45.1-161.101, 45.1-161.199 or 45.1-161.263, (iii)complimentary lift tickets, food, lodging or other gifts provided as agratuity to volunteer members of the National Ski Patrol System, Inc., by anyresort, group or agency, or (iv) the salary of any person who (a) owns anautomated external defibrillator for the use at the scene of an emergency,(b) trains individuals, in courses approved by the Board of Health, tooperate automated external defibrillators at the scene of emergencies, (c)orders automated external defibrillators for use at the scene of emergencies,or (d) operates an automated external defibrillator at the scene of anemergency.

For the purposes of this section, an emergency medical care attendant ortechnician shall be deemed to include a person licensed or certified as suchor its equivalent by any other state when he is performing services which heis licensed or certified to perform by such other state in caring for apatient in transit in this Commonwealth, which care originated in such otherstate.

Further, the public shall be urged to receive training on how to usecardiopulmonary resuscitation (CPR) and an automated external defibrillator(AED) in order to acquire the skills and confidence to respond to emergenciesusing both CPR and an AED.

(Code 1950, 54-276.9; 1962, c. 449; 1964, c. 568; 1968, c. 796; 1972, c.578; 1975, c. 508; 1977, c. 441; 1978, cc. 94, 707; 1979, cc. 713, 729; 1980,c. 419; 1983, c. 72; 1984, cc. 493, 577; 1987, cc. 260, 382; 1990, c. 898;1996, c. 899; 1997, cc. 334, 809; 1998, cc. 493, 500; 1999, cc. 570, 1000;2000, cc. 928, 1064; 2003, cc. 18, 978, 1020; 2005, c. 426; 2006, c. 780.)