West Virginia Code
Article 4C. Emergency Medical Services Act
§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 is legally authorized to consent to the providing of such care or who is legally authorized to refuse to consent to the providing of such care.
Nothing in this article may be construed to require medical treatment or transportation for any adult in contravention of his or her stated objection thereto upon religious grounds or pursuant to any living will or do not resuscitate orders: Provided, That the emergency medical service provider is actually aware of the living will or do not resuscitate order.

Structure West Virginia Code

West Virginia Code

Chapter 16. Public Health

Article 4C. Emergency Medical Services Act

§16-4C-1. Short Title

§16-4C-2. Purposes of Article

§16-4C-3. Definitions

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

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

§16-4C-6. Powers and Duties of Commissioner

§16-4C-6a. Emergency Medical Services Agency Licensure

§16-4C-6b. Establishment of Emergency Medical Services Agency Licensure Fund; Authorized Expenditures; Annual Report

§16-4C-7. Vehicles, Aircraft and Persons Aboard Them Exempted From Requirements of Article

§16-4C-8. Standards for Emergency Medical Services Personnel

§16-4C-8a. Courtesy Certification of Emergency Medical Services Personnel in Surrounding States

§16-4C-9. Complaints; Investigations; Due Process Procedure; Grounds for Disciplinary Action

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

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

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

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

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

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

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

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

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

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

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

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

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

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

§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