Bill Text: WV SB564 | 2018 | Regular Session | Introduced
Bill Title: Providing immunity from civil liability to facilities and employees providing crisis stabilization
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2018-02-15 - To Judiciary [SB564 Detail]
Download: West_Virginia-2018-SB564-Introduced.html
WEST virginia legislature
2018 regular session
Introduced
Senate Bill 564
By Senators Palumbo, Gaunch, Jeffries, Takubo, Ojeda, Stollings, and Cline
[Introduced February
15, 2018; Referred
to the Committee on the Judiciary]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §55-7K-1, §55-7K-2, and §55-7K-3, all relating to providing immunity from civil liability to facilities and employees providing crisis stabilization and/or drug and alcohol detoxification services, substance use disorder services, and/or drug overdose services on a short-term basis.
Be it enacted by the Legislature of West Virginia:
Article 7K. Limiting civil liability for government or behavioral health facilities.
§55-7K-1. Limiting civil liability for government or behavioral health facilities and their employees providing crisis stabilization services and/or drug and alcohol detoxification services, substance use disorder services, and/or drug overdose services on a short-term basis.
(a) Notwithstanding any other provision of this code, a behavioral health facility certified or licensed in this state, another state, or operated by the state, or one of its political subdivisions, and its directors, officers, employees, and contractors, are not liable for civil damages as a result of any act or omission arising from or related to providing crisis stabilization and/or drug and alcohol detoxification services, substance use disorder services, drug overdose services, and withdrawal services on a short-term basis, as long as the services are provided in good faith, and do not involve the gross negligence or willful or wanton misconduct of the facility, or its directors, officers, employees or contractors. The foregoing limitation of civil liability includes, but is not limited to, acts or omissions arising from or related to an individual’s admission to a facility, shelter, unit, or holding facility, the duration of stay, the time or manner of departure therefrom, or the inability to provide the level of care required by the condition of a person voluntarily or involuntarily receiving any of the foregoing short-term services.
(b) Notwithstanding any other provision of this code, a behavioral health facility certified or licensed in this state, another state, or operated by the state, or one of its political subdivisions, and its directors, officers, employees, and contractors, are not liable for civil damages as a result of any act or omission arising from or related to any services rendered under §27-15-1 et seq. of this code, as long as the services are provided in good faith, and do not involve the gross negligence or willful or wanton misconduct of the facility, or its directors, officers, employees or contractors.
§55-7K-2. Applicability of provisions.
The provisions of this article are applicable prospectively to all claims that occur and are commenced on or after July 1, 2018.
§55-7K-3. Construction.
The provisions of this article operate in addition to, and not in derogation of, any of the provisions contained in §55-7B-1 et seq. of this code.
NOTE: The purpose of this bill is to provide immunity from civil liability to facilities and employees providing crisis stabilization and/or drug and alcohol detoxification services, substance use disorder services, and/or drug overdose services on a short-term basis.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
