West Virginia Code § 55-7H-2

Definitions
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For purposes of this article:
(1) "Clinical practice plan" means any of the nonprofit corporations that are operated to
assist the state medical school and state's medical and dental schools in providing clinical
services to patients and which are controlled by governing boards all the voting members of
which are faculty members or university officials. Clinical practice plans as defined herein
shall be considered agents of the state.
(2) "Contractor" means an independent contractor, whether comupensated or not, who is
licensed as a health care professional under chapter thirty of this code, who is acting within
the scope of his or her authority for a state medical school, state's medical and dental
schools, or a clinical practice plan, and is a member of the faculty of a state's medical and
dental schools or state medical school.
(3) "Employee" means a director, officer, employeel, agent or servant, whether compensated
or not, who is licensed as a health care professsional under chapter thirty of this code and
who is acting within the scope of his or her authority or employment for a state's medical
and dental schools, a state medical school ior a clinical practice plan.
(4) "Health care" means any act or treatment performed or furnished, or which should have
been performed or furnished, by any director, officer, employee, agent or contractor of a
state medical school, state's medical and dental schools, or a clinical practice plan for, to or
on behalf of a patient during the patient's medical care, treatment or confinement.
(5) "Medical injury" means injury or death to a patient arising or resulting from the
rendering or failure t o render health care.
(6) "Medical professional liability insurance" means a contract of insurance, or any self-
insurance retention program established under the provisions of section ten, article five,
chapter eighteen-b of this code, that pays for the legal liability arising from a medical injury.
(7) "Patient" means a natural person who receives or should have received health care from
a director, officer, employee, agent or contractor of a state medical school, state's medical
and dental schools, or a clinical practice plan under a contract, express or implied.
(8) "Scope of authority or employment" means performance by a director, officer, employee,
agent or contractor acting in good faith within the duties of his or her office, employment or
contract with a state medical school, state's medical and dental schools, or a clinical practice
plan, but does not include corruption or fraud.
(9) "State's medical and dental schools" or "state medical school" means the Marshall
University School of Medicine, the West Virginia School of Osteopathic Medicine, the West
Virginia University School of Medicine and the West Virginia University School of Dentistry.

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