SB 700 — Exempting physicians from specified traffic laws when responding to emergencies

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Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 700 By Senators Takubo, Blair, and StollingsStollings, [Introducedoriginal Februarysponsors 5,[Originating 2020;in the Committee on the Judiciary;

referredreported on February 21, 2020]     A BILL to amend the CommitteeCode onof TransportationWest Virginia, 1931, as amended, by adding thereto a new section, designated §17C-2-10, relating to permitting allopathic and Infrastructure;osteopathic physicians to be exempt from specified traffic laws in emergency situations when responding to an emergency call and displaying emblem;

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 §17C-2-10, relating to permitting allopathic and osteopathic physicians to be exempt from specified traffic laws in emergency situations when responding to an emergency call;

§17C-2-10§17C-2-10. Physician exempt from specified traffic laws when responding to emergency.

(a)Physician An allopathic or osteopathic physician traveling in response to an emergency call shall be exempt from thespecified provisionstraffic oflaws §17C-6-1,when §17C-6-2, and §17C-6-3, of this code if the vehicle used by him or her displays an emblem approved by the West Virginia Board of Medicine and the West Virginia Osteopathic Board indicating that the vehicle is owned by the licensed physician and responding to anemergency. emergency call.  (b) The provisions of this section do not relieve the physician from the duty to drive with due regard for the safety of all persons using the highway, nor do these provisions protect the physician from the consequences of acting in reckless disregard for the safety of others.

(c)(a) TheAn allopathic or osteopathic physician traveling in response to an emergency call is exempt from the provisions of §17C-6-1, §17C-6-2, and §17C-6-3 of this code if the vehicle used by him or her displays an emblem approved by the West Virginia Board of Medicine andor the West Virginia Board of Osteopathic BoardMedicine shallindicating proposethat separatethe rulesvehicle is owned by the licensed physician who is responding to an emergency call.  (b) The provisions of this section do not relieve the physician from the duty to drive with due regard for legislativethe approvalsafety of all persons using the highway, nor do these provisions protect the physician from the consequences of acting in accordancereckless withdisregard §29A-3-1for etthe seq.safety of others.

of(c) thisThe code. West RulesVirginia proposedBoard pursuantof toMedicine thisand sectionWest shallVirginia setBoard forthof criteriaOsteopathic toMedicine requestshall anpropose emblemseparate fromrules thefor respectivelegislative boards,approval groundsin toaccordance usewith the§29A-3-1 emblem,et andseq. an administrative penalty if the emblem is used in inappropriate circumstances.

of this code.  Rules proposed pursuant to this section shall set forth criteria to request an emblem from the respective boards, grounds to use the emblem, safe operation of the physician’s vehicle under the circumstances described in this section, and an administrative penalty if the emblem is used in inappropriate circumstances.