H-1859              _______________________________________________

 

                                                    HOUSE BILL NO. 904

                        _______________________________________________

 

State of Washington                              49th Legislature                              1985 Regular Session

 

By Representative Armstrong

 

 

Read first time 2/8/85 and referred to Committee on Judiciary.

 

 


AN ACT Relating to licensed service providers; adding a new section to chapter 71.24 RCW; and creating a new section.

 

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

 

          NEW SECTION.  Sec. 1.  A new section is added to chapter 71.24 RCW to read as follows:

          (1) No monetary liability and no cause of action may arise against any person who is a licensed service provider for failing to warn of and take precautions to provide protection from  a patient's threatened violent behavior or failing to predict and take precautions to provide protection from a patient's violent behavior unless the patient has communicated to the licensed service provider an actual threat of physical violence against a reasonably identifiable victim or victims.

          (2) The duty to warn of or to take reasonable precautions to provide protection from violent behavior only arises under the limited circumstances specified in subsection (1) of this section.  The duty shall be discharged by the licensed service provider if reasonable efforts are made to communicate the threat to the victim or victims or to seek confinement of the patient under chapter 71.05 RCW.

          (3) "Licensed service provider" as used in this section means a person licensed under chapter 18.71  or 18.83 RCW.

 

          NEW SECTION.  Sec. 2.     The code reviser shall place a cross-reference to section 1 of this act in chapter 4.24 RCW.