§16-4C-1. Short Title

This article shall be known as the "Emergency Medical Services Act of 1996".

§16-4C-10. Procedures for Hearing; Right of Appeal; Judicial Review

(a) Hearings are governed by the provisions of article five, chapter twenty-nine a of this code. (b) The commissioner or director may conduct the hearing or elect to have an Administrative Law Judge conduct the hearing. (c) If the hearing is conducted by an Administrative Law Judge, the Administrative Law Judge shall prepare a proposed […]

§16-4C-11. Liability for Cost of Emergency Medical Service

Any patient who receives an emergency medical service and who is unable to give his or her consent to or contract for the service, whether or not he or she has agreed or consented to liability for the service, shall be liable in implied contract to the entity providing the emergency medical service for the […]

§16-4C-12. Violations; Criminal Penalties

(a) When, as a result of an investigation under this article or otherwise, the commissioner or director has reason to believe that a licensee or certificate holder has committed a criminal offense, the commissioner or director may bring the information to the attention of an appropriate law-enforcement official. (b) Any person who violates any law […]

§16-4C-13. Actions to Enjoin Violations; Injunctive Relief

Whenever it appears to the commissioner that any person has been or is violating or is about to violate any provision of this article or any final order of the commissioner, the commissioner may apply in the name of the state, to the circuit court of the county in which the violation or any part […]

§16-4C-14. Services That May Be Performed by Emergency Medical Service Personnel

Notwithstanding any other provision of law, emergency medical service personnel may provide the services as determined by the commissioner by legislative rule pursuant to the provisions of article three, chapter twenty-nine-a of this code. Legislative rules governing provision of these services in a hospital emergency room setting shall be developed by the commissioner and shall […]

§16-4C-15. Powers of Emergency Medical Service Attendants, Emergency Medical Technicians-Basic and Emergency Medical Technicians-Paramedic During Emergency Communications Failures and Disasters

(a) In the event of a communications failure between the certified emergency medical services agency personnel, as defined in section three of this article, and the physician during an emergency situation, the certified personnel is authorized to deliver the services as authorized in section fourteen of this article. (b) In the event of a disaster […]

§16-4C-16. Limitation of Liability; Mandatory Errors and Omissions Insurance

(a) Every person, corporation, ambulance service, emergency medical service provider, emergency ambulance authority, emergency ambulance service or other person which employs emergency medical service personnel with or without wages for ambulance service or provides ambulance service in any manner, shall obtain a policy of insurance insuring the person or entity and every employee, agent or […]

§16-4C-17. Limitation of Liability for Failure to Obtain Consent

No emergency medical service personnel may be subject to civil liability, based solely upon failure to obtain consent in rendering emergency medical services to any individual regardless of age where the patient is unable to give his or her consent for any reason, including minority, and where there is no other person reasonably available who […]

§16-4C-18. Authority of Emergency Medical Service Personnel in Charge of Emergency Medical Services

When any department, agency or entity which provides emergency medical services under the authority of this article is responding to, operating at or returning from an emergency medical service, any emergency medical service personnel serving in the capacity of an emergency medical service line officer in charge, shall control and direct the providing of emergency […]

§16-4C-19. Obstructing or Causing Bodily Injury to Emergency Medical Service Personnel; Criminal Penalties

(a) It is unlawful for any person to intentionally obstruct or interfere with any emergency medical service agency personnel engaged in the act of delivering or administering emergency medical services. Any person violating the provisions of this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or […]

§16-4C-2. Purposes of Article

The Legislature finds and declares: (1) That the safe and efficient operation of life-saving and life-preserving emergency medical service to meet the needs of citizens of this state is a matter of general public interest and concern; (2) to ensure the provision of adequate emergency medical services within this state for the protection of the […]

§16-4C-20. Service Reciprocity Agreements for Mutual Aid

Any persons or entities providing lawful emergency medical services under the provisions of this article are hereby authorized in their discretion to enter into and renew service reciprocity agreements, for any period as they may deem advisable, with the appropriate emergency medical service providers, county, municipal or other governmental units or in counties contiguous to […]

§16-4C-21. Restriction for Provision of Emergency Medical Services by Out-of-State Emergency Medical Service Personnel or Providers of Emergency Medical Services

The commissioner may issue an order on his or her own motion upon written request of any emergency medical service provider or county commission in this state, to restrict an out-of-state provider of emergency medical services or an out-of-state emergency medical service personnel to a particular geographic area of the State of West Virginia or […]

§16-4C-22. Transportation of Unconscious or Otherwise Uncommunicative Patients

(a) Emergency medical service personnel shall transport critically ill or injured, unconscious or otherwise uncommunicative patients to the medical facility designated by the medical command physician. (b) No person may have the right to direct emergency medical service personnel to transport a patient to a specific medical facility unless the person is the legal guardian, […]

§16-4C-23. Authority of the Commissioner to Make Rules

(a) The commissioner shall propose for promulgation, legislative rules pursuant to 29A-3-1 et seq. of this code to carry out the purposes of this article. (b) Notwithstanding the provisions of 16-4C-6(a) of this code, the commissioner shall propose for promulgation a legislative rule regulating fire department rapid response services, pursuant to 29A-3-1 et seq. of […]

§16-4C-24. Emergency Medical Services Equipment and Training Fund; Establishment of Grant Program for Equipment and Training of Emergency Medical Service Providers and Personnel

(a) There is hereby created in the State Treasury a special revenue fund to be known as the Emergency Medical Services Equipment and Training Fund. Expenditures from the fund by the Office of Emergency Medical Services, Bureau for Public Health, Department of Health and Human Resources are authorized from collections. The fund may only be […]

§16-4C-3. Definitions

As used in this article, unless the context clearly requires a different meaning: (a) "Ambulance" means any privately or publicly-owned vehicle or aircraft which is designed, constructed or modified; equipped or maintained; and operated for the transportation of patients, including, but not limited to, emergency medical services vehicles; rotary and fixed wing air ambulances; gsa […]

§16-4C-4. Office of Emergency Medical Services Created; Requiring Appointment of a Director of the Office of Emergency Medical Services; Staffing

(a) There is hereby created within state government under the Commissioner of the Bureau of Public Health an office to be known as the Office of Emergency Medical Services. A Director of the Office of Emergency Medical Services shall be appointed by the Secretary of the Department of Health and Human Resources to manage the […]

§16-4C-5. Emergency Medical Services Advisory Council; Duties; Composition; Appointment; Meetings; Compensation and Expenses

(a) The Emergency Medical Services Advisory Council, created and established by former 16-4C-7 of this code, is continued for the purpose of developing, with the commissioner, standards for emergency medical services personnel and for the purpose of providing advice to the Office of Emergency Medical Services and the commissioner with respect to reviewing and making […]