S-508                 _______________________________________________

                                                   SENATE BILL NO. 3088

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Talmadge and Halsan

Read first time 1/16/85 and referred to Committee on Judiciary.

AN ACT Relating to emergency assistance; amending RCW 4.24.300 and 4.24.310; and prescribing penalties.

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

        Sec. 1.  Section 1, chapter 58, Laws of 1975 and RCW 4.24.300 are each amended to read as follows:

(1) Any person at the scene of an emergency who knows that another person is exposed to or has suffered grave physical harm shall, to the extent that the person can do so without danger or peril to himself or herself or others, give reasonable assistance to the exposed person.  Reasonable assistance may include obtaining or attempting to obtain aid from law enforcement or medical personnel.  Any person who violates this subsection is guilty of a misdemeanor.

(2) Any person, including a public or private nonprofit volunteer firefighter, volunteer police officer, volunteer ambulance attendant, and volunteer first provider of medical services, who ((in good faith and not for)) without compensation or the expectation of compensation renders emergency care at the scene of an emergency or ((who participates in transporting, not for compensation, therefrom an injured person or persons for emergency medical treatment shall)) during transit to a location where professional medical care can be rendered is not ((be)) liable for civil damages resulting from any act or omission in the rendering of such emergency care or in transporting such persons, other than acts or omissions constituting gross negligence or wilful or wanton misconduct.  Any person rendering emergency care during the course of regular employment and receiving compensation or expecting to receive compensation for rendering such care is excluded from the protection of this subsection.

        Sec. 2.  Section 2, chapter 58, Laws of 1975 and RCW 4.24.310 are each amended to read as follows:

          For the purposes of RCW 4.24.300 the following words and phrases shall have the following meanings unless the context clearly requires otherwise:

          (1) (("Good faith" means a state of mind denoting honesty of purpose, integrity, and a reasonable opinion that the immediacy of the situation is such that the rendering of care should not be postponed until the injured person is hospitalized)) "Compensation" has its ordinary meaning but does not include nominal payments, reimbursement for expenses, or pension benefits.

          (2) "Emergency care" means care, first aid, treatment, or assistance rendered to the injured person in need of immediate medical attention and includes providing or arranging for further medical treatment or care for the injured person.  Except with respect to the injured person or persons being transported for further medical treatment or care, the immunity granted by RCW 4.24.300 does not apply to the negligent operation of any motor vehicle.

          (3) "Scene of an emergency" means the scene of an accident or other sudden or unexpected event or combination of circumstances which calls for immediate action other than in a hospital, doctor's office, or other place where qualified medical personnel practice or are employed.