West Virginia Code 16-4C-17 – Limitation of liability for failure to obtain consent
No emergency medical service personnel may be subject to civil liability, based solely upon failure to obtain consent in rendering emergency medical services to any individual regardless of age where the patient is unable to give his or her consent for any reason, including minority, and where there is no other person reasonably available who is legally authorized to consent to the providing of such care or who is legally authorized to refuse to consent to the providing of such care.
Terms Used In West Virginia Code 16-4C-17
- Emergency medical service personnel: means any person certified by the commissioner to provide emergency medical services as set forth by legislative rule. See West Virginia Code 16-4C-3
- Emergency medical service provider: means any authority, person, corporation, partnership or other entity, public or private, which owns or operates a licensed emergency medical services agency providing emergency medical service in this state. See West Virginia Code 16-4C-3
- Emergency Medical Services: means all services which are set forth in Public Law 93-154 "The Emergency Medical Services Systems Act of 1973" and those included in and made a part of the emergency medical services plan of the Department of Health and Human Resources inclusive of, but not limited to, responding to the medical needs of an individual to prevent the loss of life or aggravation of illness or injury. See West Virginia Code 16-4C-3
- Patient: means any person who is a recipient of the services provided by emergency medical services. See West Virginia Code 16-4C-3
Nothing in this article may be construed to require medical treatment or transportation for any adult in contravention of his or her stated objection thereto upon religious grounds or pursuant to any living will or do not resuscitate orders: Provided, That the emergency medical service provider is actually aware of the living will or do not resuscitate order.