This bill proposes the addition of a new section, 23-4-2b, to the Code of West Virginia, which mandates that individuals receiving treatment for a traumatic personal injury related to their employment must undergo a blood test to assess intoxication. The blood test must be conducted within 12 hours of the injury and prior to any medication or substance that could affect the test results. The bill specifies that only qualified medical professionals may perform the blood withdrawal, and it outlines the procedures to ensure the test is conducted safely and in accordance with medical standards.

Furthermore, the bill establishes that if a person refuses to take the blood test, they and their dependents will be disqualified from receiving any benefits related to the injury. The individual will be informed of this consequence both verbally and in writing before they make a decision. After a 15-minute period following a refusal, the refusal becomes final, and the medical provider is no longer obligated to offer the test. The bill also protects medical providers from criminal or civil liability related to the administration of the test, except in cases of gross negligence or willful injury. The provisions of this bill are set to take effect on July 1, 2026.

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