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Liability

Title

Profession

Summary

Powers, Duties, Rights, Privileges and Immunities: Firefighters Providing Aid in Another Jurisdiction

Firefighter,

When Virginia firefighters are engaged in providing aid inside Virginia, the firefighters enjoy the same powers, duties, rights, privileges and immunities as the firefighters would otherwise have in their home town.,

Va. Code Ann. 44-153

Good Samaritan Law: Emergency Services Provider

Emergency Medical Services Professional,

A licensed emergency services provider who, in good faith and voluntarily, provides care or assistance at any place or while en route to, from, or between health care facilities will not be held legally responsible for acting or for failing to act. This section includes the administration of epinephrine to a person the individual believes is suffering or is about to suffer a severe allergic reaction.,

Va. Code Ann. 8.01-225(5)

License Reciprocity and Liability: Emergency Services Personnel

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker,

When an emergency declaration is in effect, an individual who holds a credential to practice in another state can, without compensation, provide aid in Virginia at the same skill level as in the individual’s home state. The individual will not be held legally responsible for causing injury, death, or damage to property. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

Va. Code Ann. 44-146.23(C)

Liability: Medical Personnel Working with Midwife

Other Medical Professional, Nurse, Physician, Emergency Medical Services Professional,

Medical personnel who provide aid to an individual injured by a licensed midwife co-worker will not be held legally responsible. They can be held legally responsible if they had a business relationship with the licensed midwife.,

Va. Code Ann. 54.1-2957.12

Liability: Discharge of Hazardous Substance

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker,

An individual who, voluntarily, without compensation, and under the direction of a governmental official, provides care, assistance, or advice regarding an actual or imminent discharge of hazardous substances will not be held legally responsible. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

Va. Code Ann. 44-146.23(E)

Liability: Hospice Volunteer

Other Medical Professional, Other Volunteer,

An individual who, voluntarily and in good faith, provides care to a terminally ill hospice patient will not be held legally responsible for acting or for failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

Va. Code Ann. 8.01-226.4

Liability: Volunteer First Responders en Route to an Emergency

Emergency Medical Services Professional, Firefighter,

Volunteer emergency medical personnel or volunteer firefighters who are en route to respond to a fire or provide emergency care, with lights and sirens activated, will not be held legally responsible for injury or damage to property. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

Va. Code Ann. 8.01-225.3

Liability: Use of AED

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker,

An individual who operates an AED at the scene of an emergency or who trains others to use an AED or who orders or owns AEDs will not be held legally responsible for any injury that results from the good faith use of the AED. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

Va. Code Ann. 8.01-225(7)-(8)

Liability: Health Care Provider During Disaster

Other Medical Professional, Nurse, Physician, Emergency Medical Services Professional, Dentist, Pharmacist, Social Worker,

When an emergency declaration is in effect, a health care provider who responds to the emergency to provide medical care will not be held legally responsible for injury or death of an existing patient that occurs as a result of abandonment. They can be held legally responsible if acting with extreme carelessness or intent to cause harm. This section only applies when the health care provider owes a duty to provide treatment to an individual, but abandons the individual to respond to the emergency.,

Va. Code Ann. 8.01-225.01(A)

Liability: Maintenance or Repair of Devices or Equipment

Other Volunteer,

When an emergency declaration is in effect, an individual who, without compensation and with prior approval, provides maintenance service to electronic devices or equipment will not be held legally responsible for injury, death, or damage to the inherently defective property serviced by the individual.,

Va. Code Ann. 44-146.23(D)

Liability: Providing Goods and Services

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker,

When an emergency declaration is in effect or during emergency training, an individual who, voluntarily, provides services, goods, real or personal property, or facilities upon official request will not be held legally responsible. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

Va. Code Ann. 44-146.23(F)

Liability: Opioid Antagonist Administration

Other Medical Professional, Nurse, Physician, Emergency Medical Services Professional, Veterinarian, Dentist, Pharmacist,

An individual who is licensed to prescribe, dispense, or administer naloxone or another opioid antagonist and does so in an emergency to an individual believed to be suffering a life-threatening overdose will not be held legally responsible for acting or for failing to act.,

Va. Code Ann. 8.01-225(16)

Liability: Physician

Physician,

A licensed physician who, without compensation, serves as the medical director for an emergency medical services agency will not be held legally responsible for the care provided by the emergency medical services personnel. A licensed physician who, in good faith and without compensation, serves as the medical advisor for an E-911 system in Virginia and provides advice to the personnel will not be held legally responsible. A licensed physician who is authorized to direct emergency medical services over the phone or other device by the Virginia Board of Health and does so will not be held legally responsible. A licensed physician who, in good faith and without compensation, provides medical advice to the owner of an AED regarding its use will not be held legally responsible. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

Va. Code Ann. 8.01-225(B)

Liability: Veterinarian Providing Free Services

Other Medical Professional, Veterinarian,

An individual licensed by the Board of Veterinary Medicine who, in good faith and without compensation, provides health care services to any animal will not be held legally responsible for acting or for failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

Va. Code Ann. 54.1-3811

Liability: Mine Rescue Volunteer and Mine Operator

Other Volunteer,

A volunteer who, in good faith, provides rescue or recovery efforts at a mine or a mine operator who voluntarily provides personnel to work a mine not owned by that mine operator will not be held legally responsible for acting or for failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

Va. Code Ann. 8.01-225(C)

Liability: Emergency Dispatcher

Other Volunteer,

An emergency dispatcher who, in good faith and without compensation, serves as the dispatcher for an emergency medical services agency will not be held legally responsible for the care provided by the emergency medical services personnel. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

Va. Code Ann. 8.01-225(B)

Liability: Reporting Infectious Disease

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker,

An individual who makes a report regarding an infectious disease to the Virginia Department of Health will not be held legally responsible. They can be held legally responsible if acting outside of the individual’s scope of practice, with extreme carelessness, or with intent to cause harm.,

Va. Code Ann. 32.1-38

Liability: Providing Shelter

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker,

An individual who permits the use of the individual’s real property to shelter persons involved in providing emergency services will not be held legally responsible during an actual or impending disaster. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

Va. Code Ann. 44-146.23(B)

Good Samaritan Law: Emergency Care of Animal

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker,

An individual who, in good faith and voluntarily, provides emergency care to an injured animal at the scene of an emergency will not be held legally responsible. Generally, Good Samaritan laws only offer protection for those individuals who provide care during spontaneous emergencies unrelated to volunteer deployment.,

Va. Code Ann. 8.01-225.2

Liability: Hazardous Materials Assistance

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker,

An individual who, in good faith, provides assistance at the request of a law enforcement, fire department, or government official following an emergency relating to liquefied petroleum gas, natural gas, or other hazardous material, will not be held legally responsible for acting or for failing to act.,

Va. Code Ann. 8.01-225(4)

Liability: Medical Reserve Corps or Community Emergency Response Team

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker,

An individual who serves in a Medical Reserve Corps unit or Community Emergency Response Team and who, in good faith, complies with rules issued by the Virginia Commissioner of Health or Virginia Board of Health will not be held legally responsible. They can be held legally responsible if acting with exterme carelessness or intent to cause harm. This section includes providing appropriate medical treatment or monitoring to quarantined or isolated persons, ensuring that the site of quarantine or isolation is safe and hygienic with adequate food, clothing, health care, and other essential needs, delivering an order of isolation, refraining from self-referrals, or any other rules.,

Va. Code Ann. 32.1-48.016

Liability: Emergency Services Activities

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker,

A volunteer who participates in an emergency service activities while abiding by emergency rules and relevant laws in Virginia will not be held legally responsible. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

Va. Code Ann. 44-146.23(A)

Liability: Architect and Professional Engineer

Other Volunteer,

A licensed architect or professional engineer who, in good faith and voluntarily, provides rescue relief or assistance during a disaster or life-threatening emergency will not be held legally responsible for acting or for failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

Va. Code Ann. 8.01-226.2

Liability: Health Care Provider During Disaster

Other Medical Professional, Nurse, Physician, Emergency Medical Services Professional, Dentist, Pharmacist, Social Worker,

When an emergency declaration is in effect, a health care provider who provides care without their normal resources will not be held legally responsible for injury or death. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

Va. Code Ann. 8.01-225.02

Liability: Emergency Medical Services Instructor

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker,

A certified instructor who, in good faith, teaches a certification course for emergency medical service providers will not be held legally responsible as a result of such instruction as long as there was a written agreement with the Virginia Office of Emergency Medical Services and the certified instructor did not act with extreme carelessness or with intent to cause harm.,

Va. Code Ann. 8.01-225(B)

License Reciprocity

Title

Profession

Summary

License Reciprocity and Liability: Emergency Services Personnel

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker,

When an emergency declaration is in effect, an individual who holds a credential to practice in another state can, without compensation, provide aid in Virginia at the same skill level as in the individual’s home state. The individual will not be held legally responsible for causing injury, death, or damage to property. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

Va. Code Ann. 44-146.23(C)

Powers, Duties, Rights, Privileges and Immunities: Firefighters Providing Aid in Another Jurisdiction

Firefighter,

When Virginia firefighters are engaged in providing aid inside Virginia, the firefighters enjoy the same powers, duties, rights, privileges and immunities as the firefighters would otherwise have in their home town.,

Va. Code Ann. 44-153

Scope of Practice

Title

Profession

Summary

Exemptions From Virginia Pharmacy and Drug Requirements During Emergency

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Veterinarian, Dentist, Pharmacist, Mental or Behavioral Health Professional,

When an emergency declaration is in effect, the Board of Pharmacy can waive certain requirements, thereby authorizing the following actions: A pharmacist can dispense Schedule II drugs without a properly executed written prescription for a person or animal; a pharmacist can also dispense Schedule III and IV drugs without written or oral prescription. A pharmacist does not need to personally perform or supervise the compounding process, keep records of compounded drug products, or maintain a formal written quality assurance plan. A prescribing practitioner does not need to supervise a nurse, physician assistant, or intern during the administering of drugs, as long as administration of such drugs is within the nurse’s, physician assistant’s, or intern’s scope of practice; similarly, a nuclear medicine technologist can administer radiopharmaceuticals used in diagnosis or treatment without a prescribing practitioner’s supervision. A practitioner of the healing arts authorized by scope of practice to dispense drugs, but not otherwise licensed by the board of pharmacy to sell controlled substances, can dispense controlled substances.,

Va. Code Ann. 54.1-3307.3

Schedule II Drug Administration in Emergency

Pharmacist,

When an emergency declaration is in effect, a pharmacist can, in good faith, dispense Schedule II drugs on the basis of an oral prescription rather than a properly executed written prescription.,

Va. Code Ann. 54.1-3307.3(A)(2)

Scope of Practice: Use of Epinephrine Administration

Emergency Medical Services Professional, Governmental Public Health Official, Pharmacist, Mental or Behavioral Health Professional,

Certain emergency medical services personnel, an employee of a local health department, or a provider licensed by the Department of Behavioral Health and Developmental Services can possess and administer epinephrine during medical emergencies.,

Va. Code Ann. 54.1-3408(D)

Scope of Practice: Substitute Firefighter

Firefighter,

When a significant number of regular Virginia firefighters are engaged in providing aid, substitute firefighters can be appointed and will have the same powers and duties as regular firefighters.,

Va. Code Ann. 44-155

Powers, Duties, Rights, Privileges and Immunities: Firefighters Providing Aid in Another Jurisdiction

Firefighter,

When Virginia firefighters are engaged in providing aid inside Virginia, the firefighters enjoy the same powers, duties, rights, privileges and immunities as the firefighters would otherwise have in their home town.,

Va. Code Ann. 44-153

Scope of Practice: Drug Administration During a Declared Emergency

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker,

When an emergency declaration is in effect, the Virginia Commissioner of Health can authorize individuals who are otherwise not authorized to administer or dispense drugs, but who have some training regarding the safe administration of drugs, to administer and dispense drugs.,

Va. Code Ann. 32.1-42.1

Providing Controlled Substances During Medical Emergency

Physician,

A physician or podiatrist can provide or administer controlled substances to patients during a medical emergency or when pharmaceutical services are not available.,

Va. Code Ann. 54.1-2914(A)

Workers' Benefits

Title

Profession

Summary

Powers, Duties, Rights, Privileges and Immunities: Firefighters Providing Aid in Another Jurisdiction

Firefighter,

When Virginia firefighters are engaged in providing aid inside Virginia, the firefighters enjoy the same powers, duties, rights, privileges and immunities as the firefighters would otherwise have in their home town.,

Va. Code Ann. 44-153

Workers' Benefits: State Employee Volunteer Leave

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

A state employee can volunteer with a volunteer fire department or volunteer emergency medical services agency for up to 24 hours per year. This 24 hour period will count as paid leave for the individual.,

Va. Code Ann. 2.2-2821.2

Workers’ Compensation: Volunteer Firefighter

Firefighter,

A volunteer firefighter who is injured or killed while fighting a fire, responding to a fire, or returning from the scene of a fire is entitled to workers’ compensation from Virginia municipalities.,

Va. Code Ann. 27-41

Workers’ Compensation: Off-Duty First Responder in State of Emergency

Other Volunteer, Law Enforcement,

When an emergency declaration is in effect, a first responder who responds to a mobilization order and travels to the first responder’s work location will be entitled to the same workers’ compensation as would be available if the first responder were at work.,

Va. Code Ann. 65.2-104