H-3874              _______________________________________________

                                                   HOUSE BILL NO. 1952

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Representatives May and Brooks

Read first time 1/24/86 and referred to Committee on Judiciary.

AN ACT Relating to limitations on actions against health care providers; amending RCW 4.16.350; and creating a new section.

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

        Sec. 1.  Section 1, chapter 80, Laws of 1971 as amended by section 1, chapter 56, Laws of 1975-'76 2nd ex. sess. and RCW 4.16.350 are each amended to read as follows:

          ((Any civil action for damages for injury occurring as a result of health care which is provided after June 25, 1976 against:))

          (1) As used in this section, "health care provider" means:

(a) A person licensed by this state to provide health care or related services, including, but not limited to, a physician, osteopathic physician, dentist, nurse, optometrist, podiatrist, chiropractor, physical therapist, psychologist, pharmacist, optician, physician's assistant, osteopathic physician's assistant, nurse practitioner, or physician's trained mobile intensive care paramedic, including, in the event such person is deceased, his estate or personal representative;

          (((2))) (b) An employee or agent of a person described in (a) of this subsection (((1) of this section)), acting in the course and scope of his employment, including, in the event such employee or agent is deceased, his estate or personal representative; or

          (((3))) (c) An entity, whether or not incorporated, facility, or institution employing one or more persons described in (a) of this subsection (((1) of this section)), including, but not limited to, a hospital, clinic, health maintenance organization, or nursing home; or an officer, director, employee, or agent thereof acting in the course and scope of his employment, including, in the event such officer, director, employee, or agent is deceased, his estate or personal representative((;)).

(2) An action for injury or death against a health care provider based upon alleged professional negligence shall be commenced within three years of the act or omission alleged to have caused the injury or condition((, or one year of the time the patient or his representative discovered or reasonably should have discovered that the injury or condition was caused by said act or omission, whichever period expires later, except that in no event shall an action be commenced more than eight years after said act or omission)).  The time for commencement of a legal action may be tolled only upon proof of (a) fraud, (b) intentional concealment, or (c) the presence in the injured person of a foreign body that was not intended to have any therapeutic diagnostic purpose or effect.  Actions by a minor shall be commenced within three years from the date of the alleged wrongful act except that actions by a minor under the age of six years shall be commenced within three years or prior to the minor's eighth birthday, whichever provides a longer period.  This time limitation shall be tolled for minors for any period during which a parent or guardian and the health care provider's insurer or health care provider have committed fraud or collusion in the failure to bring an action on behalf of the injured minor for professional negligence.

(3) Any action not commenced in accordance with this section shall be barred:  PROVIDED, That the limitations in this section shall not apply to persons under a legal disability as defined in RCW 4.16.190.

NEW SECTION. Sec. 2.     This act applies to all claims made or causes of action commenced after the effective date of this act.