SENATE BILL REPORT

SB 5492

BYSenators Nelson and Talmadge

Establishing immunity for health care providers in suits brought by a parent.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 6, 1989; February 14, 1989; February 16, 1989

Majority Report:  Do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Hayner, Madsen, Nelson, Newhouse, Niemi, Rasmussen, Rinehart, Talmadge, Thorsness.

Senate Staff:Richard Rodger (786-7461)

                  April 12, 1989

House Committe on Judiciary

AS PASSED SENATE, MARCH 3, 1989

BACKGROUND:

The domestic relations statute was recently amended to include parenting plans.  Parenting plans are used to encourage cooperation by fully specifying the rights and duties of each parent.  A parenting plan must allocate decision-making authority regarding the children's health care to one or both parents.

There is a concern that medical treatment for children may be delayed when a parenting plan exists.  The concern is that medical personnel may delay or not perform treatment because of the fear of legal liability for failure to obtain parental consent as specified in a parenting plan.

SUMMARY:

Health care providers who provide treatment to a child at the request of a parent are not liable for damages in a civil action brought by the other parent based on a lack of his or her consent to the treatment.  This immunity applies even if the consenting parent is not authorized to consent under the parenting plan.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Dave Broderick, Washington State Hospital Association (pro)

HOUSE AMENDMENT:

A clarification is made to ensure that the immunity applies only to litigation which is based upon a lack of the parents' consent.