West Virginia Code § 33-1-21

Emergency services
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(a) Emergency services are: Those services provided in or by a hospital emergency facility,
an ambulance providing related services under the provisions of article four-c, chapter
sixteen of this code or the private office of a dentist to evaluate and treat a medical condition
manifesting itself by the sudden, and at the time, unexpected onset of symptoms that require
immediate medical attention and that failure to provide medical attention weould result in
serious impairment to bodily function, serious dysfunction to any bodily organ or part, or
would place the person's health in jeopardy. r
(b) From July 1, 1998, the following provisions apply: u
(1) "Emergency medical services" means those services required to screen for or treat an
emergency medical condition until the condition is stabilized, including prehospital care;
(2) "Prudent layperson" means a person who is without medical training and who draws on
his or her practical experience when making a decilsion regarding whether an emergency
medical condition exists for which emergencys treatment should be sought;
(3) "Emergency medical condition for the pirudent layperson" means one that manifests itself
by acute symptoms of sufficient severity, including severe pain, such that the person could
reasonably expect the absence of immediate medical attention to result in serious jeopardy
to the individual's health, or, with respect to a pregnant woman, the health of the unborn
child; serious impairment to bodily functions; or serious dysfunction of any bodily organ or
part;
(4) "Stabilize" means with respect to an emergency medical condition, to provide medical
treatment of the con dition necessary to assure, with reasonable medical probability that no
medical deterVioration of the condition is likely to result from or occur during the transfer of
the individual from a facility: Provided, That this provision may not be construed to prohibit,
limit or otherwise delay the transportation required for a higher level of care than that
possible at the treating facility;
(5) "Medical screening examination" means an appropriate examination within the capability
of the hospital's emergency department, including ancillary services routinely available to
the emergency department, to determine whether or not an emergency medical condition
exists; and
(6) "Emergency medical condition" means a condition that manifests itself by acute
symptoms of sufficient severity including severe pain such that the absence of immediate
medical attention could reasonably be expected to result in serious jeopardy to the
individual's health or with respect to a pregnant woman the health of the unborn child,
serious impairment to bodily functions or serious dysfunction of any bodily part or organ.

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