Template Message to Senator or Delegate:

As part of the legislative program at Mountaineer Boys State, we have
encouraged the boys to propose and work bills that they think would be
important to young people in the state of West Virginia.  We have told
them that if they propose something that would make sense as actual
legislation, we would pass it on.  I found out today that you have co-
sponsored SB 634 and I want to express my deepest appreciation for
this.

The idea of SB 634 was suggested by a citizen of Mountaineer Boys
State, adopted by the Boys State Legislature and signed into law by
the Boys State Governor.  As you know, the bill allows for health care
providers who volunteer their time at at youth camp to be free from
liability except for gross negligence.  This bill is very similar to
the current law exempting from liability health care providers who
volunteer to help with youth athletic events.

I realize that time is very short, but on behalf of the citizens and
staff of Mountaineer Boys State, we are asking if you could try to
move this bill.  We will gladly provide any information or assistance
you think would be helpful and

It is our hope that if this bill passes, the Boys State Governor and
other citizens of Mountaineer Boys State could be present at your side
for the signing of this legislation.  We hope to use it as an example
for the boys to understand that as W.Va. citizens, they are in a
position to make a difference.

Thank you again for your sponsorship of this bill and I hope we can
work together to make it law.

Sincerely,

Guys:
SB 634 is being sponsored by the following: Senators Stollings,
Oliverio, Foster, Minard, Green, Sypolt and Jenkins. Attached is a
copy of the bill, which is now in the Senate Health and Human
Resources Committee, after which it will go to the Judiciary
Committee. Members of the HHR Committee are:
Prezioso, Chair
Stollings, Vice-Chair
Browning, Foster, Jenkins, Laird, Palumbo, Snyder, Unger, Yost, Boley,
Guills, Hall

Members of the Judiciary Committee are:
Kessler, Chair
Oliverio, Vice-Chair
Browning, Chafin, Foster, Jenkins, Laird, Minard, Palumbo, Snyder,
Stollings, Williams, Yost, Barnes, Caruth, Deem, Hall

Onward and Upward

Jerry Godby

MBS Original Notice:

Guys:
I am currently working as a doorkeeper for the W.Va. Senate. At my
request, Senator (Doctor) Ron Stollings of Boone County has introduced
our bill relating to doctors who volunteer at youth camps. It is SB
634, which was first referred to the Health & Human Resources
Committee then to Judiciary. We need to start an email blitz; all
email addresses are avilable online at http://www.legis.state.wv.us/

The Senator says he will try to get a similar bill introduced in the
House. Keep you fingers, toes and eyeballs crossed.

Jerry Godby

SB634 Bill:

Senate Bill No. 634

(By Senators Stollings, Oliverio, Foster, Minard, Green, Sypolt and
Jenkins)

____________

[Introduced March 18, 2009; referred to the Committee on Health and
Human Resources; and then to the Committee on the Judiciary.]

____________

  A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §55-7-26, relating to
liability of physicians who render services to youth camps and
programs; limiting liability; and providing exceptions.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding
thereto a new section, designated §55-7-26, to read as follows:

ARTICLE 7. ACTIONS FOR INJURIES.

§55-7-26. Limiting liability of physicians who render services to
youth camps and programs.

(a) Any medical or osteopathic physician licensed to practice in this
state, or any medical student, graduate medical student or nurse,
performing medical services under the direction of a medical or
osteopathic physician licensed to practice in this state: (1) Who is
acting in the capacity of a volunteer health care provider at any
youth camp or program; and (2) who, prior to the commencement of the
youth camp or program, agrees to render emergency care or treatment to
participants in the youth camp or program, and renders emergency care
or treatment to a participant without the objection of the
participant, is not liable for civil damages as a consequence of the
care or treatment rendered, nor as a result of any act or omission in
providing or arranging further care or treatment.
(b) The limitation of liability established by this section does not
apply to acts or omissions constituting gross negligence.
(c) For purposes of this section, the provision of lodging, meals and
articles of clothing, by a youth camp or program, may not be
considered as financial remuneration.

NOTE: The purpose of this bill is to limit the liability of medical
and osteopathic physicians and those that may work under their
supervision or direction, as volunteers to provide medical care at a
youth camp or program.