{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-226.5_2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-226.5_2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-226.5_2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-226.5_2.html"}],"law_id":77445,"edition_id":1,"section_id":77445,"structure_id":13673,"section_number":"8.01-226.5:2","catch_line":"Immunity of hospital and emergency medical services agency personnel for the acceptance of certain infants","history":"2003, cc. 816, 822; 2015, cc. 502, 503; 2022, cc. 80, 81.","full_text":"Any personnel of a hospital or emergency medical services agency receiving a child under the circumstances described in the second paragraph of \u00a7 18.2-371, subdivision B 2 of \u00a7 18.2-371.1, or subsection B of \u00a7 40.1-103 shall be immune from civil liability or criminal prosecution for injury or other damage to the child unless such injury or other damage is the result of gross negligence or willful misconduct by such personnel. Any hospital or emergency medical services agency that voluntarily installs a newborn safety device for the reception of children shall ensure that (i) the device is located inside the hospital or emergency medical services agency in an area that is conspicuous and visible to employees or personnel, (ii) the device is staffed 24 hours a day by a health care provider or emergency medical services personnel, (iii) the device is climate controlled and serves as a safe sleep environment for an infant, (iv) the device is equipped with a dual alarm system that sounds 60 seconds after a child is placed in the device and automatically places a call to 911 if the alarm is not deactivated within 60 seconds from within the hospital or emergency medical services agency, (v) the dual alarm system is visually checked at least two times per day and tested at least one time per week to ensure the alarm system is in working order, (vi) the device automatically locks when a child is placed in the device, and (vii) the device is identifiable by appropriate signage that shall include written and pictorial operational instructions.","order_by":null,"text":{"0":{"id":277804,"text":"Any personnel of a hospital or emergency medical services agency receiving a child under the circumstances described in the second paragraph of \u00a7 18.2-371, subdivision B 2 of \u00a7 18.2-371.1, or subsection B of \u00a7 40.1-103 shall be immune from civil liability or criminal prosecution for injury or other damage to the child unless such injury or other damage is the result of gross negligence or willful misconduct by such personnel. Any hospital or emergency medical services agency that voluntarily installs a newborn safety device for the reception of children shall ensure that (i) the device is located inside the hospital or emergency medical services agency in an area that is conspicuous and visible to employees or personnel, (ii) the device is staffed 24 hours a day by a health care provider or emergency medical services personnel, (iii) the device is climate controlled and serves as a safe sleep environment for an infant, (iv) the device is equipped with a dual alarm system that sounds 60 seconds after a child is placed in the device and automatically places a call to 911 if the alarm is not deactivated within 60 seconds from within the hospital or emergency medical services agency, (v) the dual alarm system is visually checked at least two times per day and tested at least one time per week to ensure the alarm system is in working order, (vi) the device automatically locks when a child is placed in the device, and (vii) the device is identifiable by appropriate signage that shall include written and pictorial operational instructions.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13673,"edition_id":1,"name":"Miscellaneous Provisions","identifier":"21","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:45:31","date_modified":"2026-06-26 03:45:31","permalink":{"id":280429,"object_type":"structure","relational_id":13673,"identifier":"21","token":"8.01\/3\/21","url":"\/8.01\/3\/21\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":85637,"structure_id":13673,"section_number":"8.01-218","catch_line":"Replevin abolished","url":"\/8.01-218\/","token":"8.01\/3\/21\/8.01-218","metadata":false},{"id":63478,"structure_id":13673,"section_number":"8.01-219","catch_line":"Effect of judgment in trover","url":"\/8.01-219\/","token":"8.01\/3\/21\/8.01-219","metadata":false},{"id":69240,"structure_id":13673,"section_number":"8.01-219.1","catch_line":"Responsibility of possessor of real property for harm to trespasser","url":"\/8.01-219.1\/","token":"8.01\/3\/21\/8.01-219.1","metadata":false},{"id":59967,"structure_id":13673,"section_number":"8.01-220","catch_line":"Action for alienation of affection, breach of promise, criminal conversation and seduction abolished","url":"\/8.01-220\/","token":"8.01\/3\/21\/8.01-220","metadata":false},{"id":81694,"structure_id":13673,"section_number":"8.01-220.1","catch_line":"Defense of interspousal immunity abolished as to certain causes of action arising on or after July 1, 1981","url":"\/8.01-220.1\/","token":"8.01\/3\/21\/8.01-220.1","metadata":false},{"id":63670,"structure_id":13673,"section_number":"8.01-220.1:1","catch_line":"Civil immunity for officers, partners, members, managers, trustees and directors of certain tax exempt organizations","url":"\/8.01-220.1_1\/","token":"8.01\/3\/21\/8.01-220.1_1","metadata":false},{"id":63952,"structure_id":13673,"section_number":"8.01-220.1:2","catch_line":"Civil immunity for teachers under certain circumstances","url":"\/8.01-220.1_2\/","token":"8.01\/3\/21\/8.01-220.1_2","metadata":false},{"id":83867,"structure_id":13673,"section_number":"8.01-220.1:3","catch_line":"Immunity for members of church, synagogue or religious body","url":"\/8.01-220.1_3\/","token":"8.01\/3\/21\/8.01-220.1_3","metadata":false},{"id":79768,"structure_id":13673,"section_number":"8.01-220.1:4","catch_line":"Civil immunity for officers and directors of certain nonprofit organizations","url":"\/8.01-220.1_4\/","token":"8.01\/3\/21\/8.01-220.1_4","metadata":false},{"id":61961,"structure_id":13673,"section_number":"8.01-220.1:5","catch_line":"Defense of intra-family immunity abolished for wrongful death actions","url":"\/8.01-220.1_5\/","token":"8.01\/3\/21\/8.01-220.1_5","metadata":false},{"id":61070,"structure_id":13673,"section_number":"8.01-220.2","catch_line":"Repealed","url":"\/8.01-220.2\/","token":"8.01\/3\/21\/8.01-220.2","metadata":false},{"id":70962,"structure_id":13673,"section_number":"8.01-221","catch_line":"Damages from violation of statute, remedy therefor and penalty","url":"\/8.01-221\/","token":"8.01\/3\/21\/8.01-221","metadata":false},{"id":81058,"structure_id":13673,"section_number":"8.01-221.1","catch_line":"Unestablished business damages; lost profits","url":"\/8.01-221.1\/","token":"8.01\/3\/21\/8.01-221.1","metadata":false},{"id":69806,"structure_id":13673,"section_number":"8.01-221.2","catch_line":"Rescission; undue influence; attorney fees","url":"\/8.01-221.2\/","token":"8.01\/3\/21\/8.01-221.2","metadata":false},{"id":67700,"structure_id":13673,"section_number":"8.01-222","catch_line":"Repealed","url":"\/8.01-222\/","token":"8.01\/3\/21\/8.01-222","metadata":false},{"id":65318,"structure_id":13673,"section_number":"8.01-223","catch_line":"Lack of privity no defense in certain cases","url":"\/8.01-223\/","token":"8.01\/3\/21\/8.01-223","metadata":false},{"id":82274,"structure_id":13673,"section_number":"8.01-223.1","catch_line":"Use of constitutional rights","url":"\/8.01-223.1\/","token":"8.01\/3\/21\/8.01-223.1","metadata":false},{"id":63965,"structure_id":13673,"section_number":"8.01-223.2","catch_line":"Immunity of persons for statements made at public hearing or communicated to third party","url":"\/8.01-223.2\/","token":"8.01\/3\/21\/8.01-223.2","metadata":false},{"id":79300,"structure_id":13673,"section_number":"8.01-224","catch_line":"Defense of governmental immunity not available to certain persons in actions for damages from blasting, etc","url":"\/8.01-224\/","token":"8.01\/3\/21\/8.01-224","metadata":false},{"id":72312,"structure_id":13673,"section_number":"8.01-225","catch_line":"Persons rendering emergency care, obstetrical services exempt from liability","url":"\/8.01-225\/","token":"8.01\/3\/21\/8.01-225","metadata":false},{"id":86816,"structure_id":13673,"section_number":"8.01-225.01","catch_line":"Certain immunity for health care providers during disasters under specific circumstances","url":"\/8.01-225.01\/","token":"8.01\/3\/21\/8.01-225.01","metadata":false},{"id":54649,"structure_id":13673,"section_number":"8.01-225.02","catch_line":"Certain liability protection for health care providers during disasters","url":"\/8.01-225.02\/","token":"8.01\/3\/21\/8.01-225.02","metadata":false},{"id":74491,"structure_id":13673,"section_number":"8.01-225.03","catch_line":"Certain immunity for certain hospices, home care organizations, private providers, assisted living facilities, and adult day centers during a disaster under specific circumstances","url":"\/8.01-225.03\/","token":"8.01\/3\/21\/8.01-225.03","metadata":false},{"id":79175,"structure_id":13673,"section_number":"8.01-225.1","catch_line":"Immunity for team physicians","url":"\/8.01-225.1\/","token":"8.01\/3\/21\/8.01-225.1","metadata":false},{"id":59977,"structure_id":13673,"section_number":"8.01-225.2","catch_line":"Immunity for those rendering emergency care to animals","url":"\/8.01-225.2\/","token":"8.01\/3\/21\/8.01-225.2","metadata":false},{"id":63782,"structure_id":13673,"section_number":"8.01-225.3","catch_line":"Immunity for volunteer first responders en route to an emergency","url":"\/8.01-225.3\/","token":"8.01\/3\/21\/8.01-225.3","metadata":false},{"id":61793,"structure_id":13673,"section_number":"8.01-226","catch_line":"Duty of care to law-enforcement officers, firefighters, etc","url":"\/8.01-226\/","token":"8.01\/3\/21\/8.01-226","metadata":false},{"id":69442,"structure_id":13673,"section_number":"8.01-226.1","catch_line":"Civil immunity when participating in Lawyers Helping Lawyers","url":"\/8.01-226.1\/","token":"8.01\/3\/21\/8.01-226.1","metadata":false},{"id":56516,"structure_id":13673,"section_number":"8.01-226.10","catch_line":"Civil immunity for causing the arrest of a person for a bad check","url":"\/8.01-226.10\/","token":"8.01\/3\/21\/8.01-226.10","metadata":false},{"id":69522,"structure_id":13673,"section_number":"8.01-226.11","catch_line":"Civil immunity for operation of victim notification program","url":"\/8.01-226.11\/","token":"8.01\/3\/21\/8.01-226.11","metadata":false},{"id":58887,"structure_id":13673,"section_number":"8.01-226.12","catch_line":"Duty of landlord and managing agent with respect to visible mold","url":"\/8.01-226.12\/","token":"8.01\/3\/21\/8.01-226.12","metadata":false},{"id":55958,"structure_id":13673,"section_number":"8.01-226.13","catch_line":"Limited standing to seek injunctive relief against manufacturing companies","url":"\/8.01-226.13\/","token":"8.01\/3\/21\/8.01-226.13","metadata":false},{"id":55544,"structure_id":13673,"section_number":"8.01-226.2","catch_line":"Civil immunity for licensed professional engineers and licensed architects participating in rescue or relief assistance","url":"\/8.01-226.2\/","token":"8.01\/3\/21\/8.01-226.2","metadata":false},{"id":61582,"structure_id":13673,"section_number":"8.01-226.3","catch_line":"Civil immunity for officers, directors and members of certain crime information-gathering organizations","url":"\/8.01-226.3\/","token":"8.01\/3\/21\/8.01-226.3","metadata":false},{"id":82193,"structure_id":13673,"section_number":"8.01-226.4","catch_line":"Civil immunity for hospice volunteers","url":"\/8.01-226.4\/","token":"8.01\/3\/21\/8.01-226.4","metadata":false},{"id":61924,"structure_id":13673,"section_number":"8.01-226.5","catch_line":"Immunity for installers and inspectors of child restraint devices","url":"\/8.01-226.5\/","token":"8.01\/3\/21\/8.01-226.5","metadata":false},{"id":64301,"structure_id":13673,"section_number":"8.01-226.5:1","catch_line":"Civil immunity for school board employees supervising self-administration of certain medication","url":"\/8.01-226.5_1\/","token":"8.01\/3\/21\/8.01-226.5_1","metadata":false},{"id":77445,"structure_id":13673,"section_number":"8.01-226.5:2","catch_line":"Immunity of hospital and emergency medical services agency personnel for the acceptance of certain infants","url":"\/8.01-226.5_2\/","token":"8.01\/3\/21\/8.01-226.5_2","metadata":false},{"id":67620,"structure_id":13673,"section_number":"8.01-226.6","catch_line":"Repealed","url":"\/8.01-226.6\/","token":"8.01\/3\/21\/8.01-226.6","metadata":false},{"id":79443,"structure_id":13673,"section_number":"8.01-226.7","catch_line":"Owner and agent compliance with residential lead-based paint notification; maintenance immunity","url":"\/8.01-226.7\/","token":"8.01\/3\/21\/8.01-226.7","metadata":false},{"id":76775,"structure_id":13673,"section_number":"8.01-226.8","catch_line":"Civil immunity for public and nonprofit corporation officials and private volunteers participating in certain programs for probationers","url":"\/8.01-226.8\/","token":"8.01\/3\/21\/8.01-226.8","metadata":false},{"id":81275,"structure_id":13673,"section_number":"8.01-226.9","catch_line":"Exemption from civil liability in connection with arrest or detention of person suspected of shoplifting","url":"\/8.01-226.9\/","token":"8.01\/3\/21\/8.01-226.9","metadata":false},{"id":67597,"structure_id":13673,"section_number":"8.01-227","catch_line":"Remedy by motion on certain bonds given or taken by officers; notice","url":"\/8.01-227\/","token":"8.01\/3\/21\/8.01-227","metadata":false}],"previous_section":{"id":64301,"structure_id":13673,"section_number":"8.01-226.5:1","catch_line":"Civil immunity for school board employees supervising self-administration of certain medication","url":"\/8.01-226.5_1\/","token":"8.01\/3\/21\/8.01-226.5_1","metadata":false},"next_section":{"id":67620,"structure_id":13673,"section_number":"8.01-226.6","catch_line":"Repealed","url":"\/8.01-226.6\/","token":"8.01\/3\/21\/8.01-226.6","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-226.5:2\/","history_text":"<p>This law was first created in 2003. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0816\">816<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0822\">822<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2015, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0502\">502<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0503\">503<\/a>; in 2022, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?221+ful+CHAP0080\">80<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?221+ful+CHAP0081\">81<\/a>.<\/p>","references":false,"refers_to":[{"id":66060,"section_number":"18.2-371","catch_line":"Causing or encouraging acts rendering children delinquent, abused, etc.; penalty; abandoned infant","order_by":null,"url":"\/18.2-371\/"},{"id":65049,"section_number":"18.2-371.1","catch_line":"Abuse and neglect of children; penalties; abandoned infant","order_by":null,"url":"\/18.2-371.1\/"},{"id":63705,"section_number":"40.1-103","catch_line":"Cruelty and injuries to children; penalty; abandoned infant","order_by":null,"url":"\/40.1-103\/"}],"permalink":{"id":280579,"object_type":"law","relational_id":77445,"identifier":"8.01-226.5:2","token":"8.01\/3\/21\/8.01-226.5_2","url":"\/8.01-226.5_2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-226.5_2\/","token":"8.01\/3\/21\/8.01-226.5_2","dublin_core":{"Title":"Immunity of hospital and emergency medical services agency personnel for the acceptance of certain infants","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-226.5:2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>Any personnel of a hospital or emergency medical services agency receiving a child under the circumstances described in the second paragraph of \u00a7&nbsp;<a class=\"law\" title=\"Causing or encouraging acts rendering children delinquent, abused, etc.; penalty; abandoned infant\" href=\"\/18.2-371\/\">18.2-371<\/a>, subdivision B 2 of \u00a7&nbsp;<a class=\"law\" title=\"Abuse and neglect of children; penalties; abandoned infant\" href=\"\/18.2-371.1\/\">18.2-371.1<\/a>, or subsection B of \u00a7&nbsp;<a class=\"law\" title=\"Cruelty and injuries to children; penalty; abandoned infant\" href=\"\/40.1-103\/\">40.1-103<\/a> shall be immune from civil liability or criminal <span class=\"dictionary\">prosecution<\/span> for injury or other damage to the child unless such injury or other damage is the result of gross <span class=\"dictionary\">negligence<\/span> or willful misconduct by such personnel. Any hospital or emergency medical services agency that voluntarily installs a newborn safety device for the reception of children shall ensure that (i) the device is located inside the hospital or emergency medical services agency in an area that is conspicuous and visible to employees or personnel, (ii) the device is staffed 24 hours a day by a health care provider or emergency medical services personnel, (iii) the device is climate controlled and serves as a safe sleep environment for an infant, (iv) the device is equipped with a dual alarm system that sounds 60 seconds after a child is placed in the device and automatically places a call to 911 if the alarm is not deactivated within 60 seconds from within the hospital or emergency medical services agency, (v) the dual alarm system is visually checked at least two times per day and tested at least one time per week to ensure the alarm system is in working <span class=\"dictionary\">order<\/span>, (vi) the device automatically locks when a child is placed in the device, and (vii) the device is identifiable by appropriate signage that shall include written and pictorial operational instructions.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nIMMUNITY OF HOSPITAL AND EMERGENCY MEDICAL SERVICES AGENCY PERSONNEL FOR THE\nACCEPTANCE OF CERTAIN INFANTS (\u00a7 8.01-226.5:2)\n\nAny personnel of a hospital or emergency medical services agency receiving a\nchild under the circumstances described in the second paragraph of \u00a7 18.2-371,\nsubdivision B 2 of \u00a7 18.2-371.1, or subsection B of \u00a7 40.1-103 shall be immune\nfrom civil liability or criminal prosecution for injury or other damage to the\nchild unless such injury or other damage is the result of gross negligence or\nwillful misconduct by such personnel. Any hospital or emergency medical services\nagency that voluntarily installs a newborn safety device for the reception of\nchildren shall ensure that (i) the device is located inside the hospital or\nemergency medical services agency in an area that is conspicuous and visible to\nemployees or personnel, (ii) the device is staffed 24 hours a day by a health\ncare provider or emergency medical services personnel, (iii) the device is\nclimate controlled and serves as a safe sleep environment for an infant, (iv)\nthe device is equipped with a dual alarm system that sounds 60 seconds after a\nchild is placed in the device and automatically places a call to 911 if the\nalarm is not deactivated within 60 seconds from within the hospital or emergency\nmedical services agency, (v) the dual alarm system is visually checked at least\ntwo times per day and tested at least one time per week to ensure the alarm\nsystem is in working order, (vi) the device automatically locks when a child is\nplaced in the device, and (vii) the device is identifiable by appropriate\nsignage that shall include written and pictorial operational instructions.\n\nHISTORY: 2003, cc. 816, 822; 2015, cc. 502, 503; 2022, cc. 80, 81.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}