BILL REQ. #:  S-0050.1 

Read first time 01/12/09.   Referred to Committee on Health & Long-Term Care.

     AN ACT Relating to health care professionals reporting violent injuries; adding a new section to chapter 18.73 RCW; and adding a new section to chapter 70.02 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 18.73 RCW to read as follows:
     (1) An emergency medical technician, as defined in RCW 18.73.030, or first responder, as defined in RCW 18.73.030, who renders treatment to a patient for (a) a bullet wound, gunshot wound, powder burn, or other injury arising from or caused by the discharge of a firearm; (b) an injury caused by a knife, an ice pick, or any other sharp or pointed instrument which federal, state, or local law enforcement authorities reasonably believe to have been intentionally inflicted upon a person; (c) a blunt force injury that federal, state, or local law enforcement authorities reasonably believe resulted from a criminal act; or (d) injuries sustained in an automobile collision, shall disclose, upon a request from a federal, state, or local law enforcement authority as defined in RCW 70.02.010(3), the following health care information, if known, without the patient's authorization:
     (i) The name of the patient;
     (ii) The patient's residence;
     (iii) The patient's sex;
     (iv) The patient's age;
     (v) The patient's condition or extent and location of injuries as determined by the emergency medical technician or first responder;
     (vi) Whether the patient was conscious when contacted;
     (vii) Whether the patient appears to have consumed alcohol or appears to be under the influence of alcohol or drugs;
     (viii) The name of the emergency medical technicians or first responders who provided care to the patient; and
     (ix) The name of the facility to which the patient is being transported for additional treatment.
     (2) An emergency medical technician or first responder or other individual who discloses information pursuant to this section is immune from liability for the disclosure, provided that the emergency medical technician or first responder or other individual acted in good faith and without gross or wanton negligence.

NEW SECTION.  Sec. 2   A new section is added to chapter 70.02 RCW to read as follows:
     (1) When a health care provider, as defined in RCW 7.70.020, has reasonable cause to believe that a patient has sustained a bullet wound or other injury arising from or caused by the discharge of a firearm, or a stab wound or other injury arising from a knife or similar sharp or pointed instrument, he or she shall immediately report such incident, or cause a report to be made, to the proper law enforcement agency if the patient is unconscious or otherwise unable to report such incident, or cause a report to be made, to the proper law enforcement agency.
     (2) The report shall include the following information, if known:
     (a) The name, address, sex, and age of patient;
     (b) The nature and extent of the alleged injury or injuries; and
     (c) Any other information that may be helpful in establishing the cause of the patient's injury or injuries and the identity of the alleged perpetrator or perpetrators.
     (3) Nothing in this section shall limit a person's duty to report under RCW 26.44.030 or 74.34.035.
     (4) Any bullets, clothing, or other foreign objects that are removed from a patient, according to the best acceptable medical practices, shall be preserved and kept in custody in such a way that the identity and integrity thereof are guaranteed until the bullets, clothing, or other foreign objects can be promptly provided to the proper law enforcement agency.
     (5) A health care provider or other individual who makes a report pursuant to this section is immune from liability for the report, provided that the health care provider or other individual acted in good faith and without gross or wanton negligence.
     (6) Any health care provider who makes a report pursuant to subsection (1) of this section shall not be subject to the physician-patient relationship described in RCW 5.60.060(4), the registered nurse privilege described in RCW 5.62.020, or any other statutory privilege as to the medical examination and diagnosis.