                                 CODE OF VIRGINIA

CERTAIN LIABILITY PROTECTION FOR HEALTH CARE PROVIDERS DURING DISASTERS (§
8.01-225.02)

A. In the absence of gross negligence or willful misconduct, any health care
provider who responds to a disaster shall not be liable for any injury or
wrongful death of any person arising from the delivery or withholding of health
care when (i) a local emergency, state of emergency, or public health emergency
has been or is subsequently declared in response to such disaster, and (ii) the
emergency and subsequent conditions caused a lack of resources, attributable to
the disaster, rendering the health care provider unable to provide the level or
manner of care that otherwise would have been required in the absence of the
emergency and which resulted in the injury or wrongful death at issue.

B. For purposes of this section:
			&#8220;Communicable disease of public health threat&#8221; has the same
definition as provided in &#xA7; 44-146.16.
			&#8220;Disaster&#8221; means any &#8220;disaster,&#8221;
&#8220;emergency,&#8221; or &#8220;major disaster&#8221; as those terms are used
and defined in &#xA7; 44-146.16.
			&#8220;Health care provider&#8221; has the same definition as provided in
&#xA7; 8.01-581.1.
			&#8220;Local emergency&#8221; has the same definition as provided in &#xA7;
44-146.16.
			&#8220;Public health emergency&#8221; has the same definition as provided in
&#xA7; 8.01-225.01.
			&#8220;Resource shortage&#8221; has the same definition as provided in &#xA7;
44-146.16.
			&#8220;State of emergency&#8221; has the same definition as provided in
&#xA7; 44-146.16.

HISTORY: 2008, cc. 121, 157; 2022, c. 617.