                                 CODE OF VIRGINIA

IMMUNITY OF HOSPITAL AND EMERGENCY MEDICAL SERVICES AGENCY PERSONNEL FOR THE
ACCEPTANCE OF CERTAIN INFANTS (§ 8.01-226.5:2)

Any personnel of a hospital or emergency medical services agency receiving a
child under the circumstances described in the second paragraph of § 18.2-371,
subdivision B 2 of § 18.2-371.1, or subsection B of § 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.

HISTORY: 2003, cc. 816, 822; 2015, cc. 502, 503; 2022, cc. 80, 81.