The proposed bill amends the Code of West Virginia by adding a new section, 23-4-2b, which establishes requirements for blood testing of individuals who have suffered a traumatic personal injury within 12 hours prior to seeking medical treatment. The bill mandates that medical providers require these individuals to undergo blood tests to determine intoxication, with specific guidelines on the administration of the tests, including who may perform them and the conditions under which they must be conducted. It also outlines the process for obtaining consent, the consequences of refusing the test, and the rights of the tested individuals regarding the disclosure of test results.

Additionally, the bill stipulates that if a person refuses to submit to the blood test, they and their dependents will be disqualified from receiving workers' compensation benefits for the injury. It includes provisions to limit the liability of those administering the tests, ensuring they are not held criminally or civilly liable except in cases of gross negligence or willful injury. The effective date for this legislation is set for July 1, 2025.

Statutes affected:
Introduced Version: 23-4-2b