§ 8.01-225.01. Certain immunity for health care providers during disastersunder specific circumstances.
A. In the absence of gross negligence or willful misconduct, any health careprovider who responds to a disaster by delivering health care to personsinjured in such disaster shall be immune from civil liability for any injuryor wrongful death arising from abandonment by such health care provider ofany person to whom such health care provider owes a duty to provide healthcare when (i) a state or local emergency has been or is subsequentlydeclared; and (ii) the provider was unable to provide the requisite healthcare to the person to whom he owed such duty of care as a result of theprovider's voluntary or mandatory response to the relevant 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 disaster shall be immune from civil liability for any cause ofaction arising out of such credentialing or granting of practice privilegesif (i) a state or local emergency has been or is subsequently declared; and(ii) the hospital has followed procedures for such credentialing and grantingof practice privileges that are consistent with the Joint Commission onAccreditation of Healthcare Organizations' standards for granting emergencypractice privileges.
C. For the purposes of this section:
"Disaster" means any "disaster," "emergency," or "major disaster" asthose terms are used and defined in § 44-146.16; and
"Health care provider" means those professions defined as such in §8.01-581.1.
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.
§ 8.01-225.01. Certain immunity for health care providers during disastersunder specific circumstances.
A. In the absence of gross negligence or willful misconduct, any health careprovider who responds to a disaster by delivering health care to personsinjured in such disaster shall be immune from civil liability for any injuryor wrongful death arising from abandonment by such health care provider ofany person to whom such health care provider owes a duty to provide healthcare when (i) a state or local emergency has been or is subsequentlydeclared; and (ii) the provider was unable to provide the requisite healthcare to the person to whom he owed such duty of care as a result of theprovider's voluntary or mandatory response to the relevant 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 disaster shall be immune from civil liability for any cause ofaction arising out of such credentialing or granting of practice privilegesif (i) a state or local emergency has been or is subsequently declared; and(ii) the hospital has followed procedures for such credentialing and grantingof practice privileges that are consistent with the Joint Commission onAccreditation of Healthcare Organizations' standards for granting emergencypractice privileges.
C. For the purposes of this section:
"Disaster" means any "disaster," "emergency," or "major disaster" asthose terms are used and defined in § 44-146.16; and
"Health care provider" means those professions defined as such in §8.01-581.1.
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.
§ 8.01-225.01. Certain immunity for health care providers during disastersunder specific circumstances.
A. In the absence of gross negligence or willful misconduct, any health careprovider who responds to a disaster by delivering health care to personsinjured in such disaster shall be immune from civil liability for any injuryor wrongful death arising from abandonment by such health care provider ofany person to whom such health care provider owes a duty to provide healthcare when (i) a state or local emergency has been or is subsequentlydeclared; and (ii) the provider was unable to provide the requisite healthcare to the person to whom he owed such duty of care as a result of theprovider's voluntary or mandatory response to the relevant 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 disaster shall be immune from civil liability for any cause ofaction arising out of such credentialing or granting of practice privilegesif (i) a state or local emergency has been or is subsequently declared; and(ii) the hospital has followed procedures for such credentialing and grantingof practice privileges that are consistent with the Joint Commission onAccreditation of Healthcare Organizations' standards for granting emergencypractice privileges.
C. For the purposes of this section:
"Disaster" means any "disaster," "emergency," or "major disaster" asthose terms are used and defined in § 44-146.16; and
"Health care provider" means those professions defined as such in §8.01-581.1.
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.
