SENATE BILL REPORT

SB 6599

BYSenators Nelson, Niemi, Bluechel, Lee, Bailey, Matson, Moore, McMullen, Bender, Talmadge, Kreidler, Wojahn and Rinehart

Pertaining to interference with health care.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 29, 1990

Senate Staff:Anita Neal (786-7418)

AS OF JANUARY 26, 1990

BACKGROUND:

The obstruction of access to or exit from a health care facility by persons acting alone or with a group often jeopardizes the public health and safety.  Health care providers may not be allowed to give health care to persons who require it when third parties physically block an entry to a facility or create a chaotic environment outside the facility which restricts a person from entering or leaving.

SUMMARY:

It is unlawful for persons to willfully or recklessly interfere with access to or exit from a health care facility or disrupt the normal functioning of the facility by:  physically obstructing any person from entering or exiting the facility or common areas of the facility;  making noise that unreasonably disturbs the peace within the facility; trespassing on the facility or common areas of the facility; or telephoning, or knowingly permitting someone to telephone, the facility anonymously or repeatedly threatening to inflict injury on the owners, agents, patients, employees, or property of the facility.

A person who violates this act is guilty of a gross misdemeanor and the punishment progresses with each violation as follows:

     First offense:  at least a $250 fine, and at least 24 consecutive hours jail term;

     Second offense:  at least a $500 fine, and at least 7 consecutive days jail term;

     Third or subsequent offense:  at least a $1000 fine, and at least 30 consecutive days jail term.

No portion of the minimum jail term may be suspended or deferred and no portion of the minimum fine may be suspended or deferred unless the court finds that the offender is indigent.

A police officer may arrest a person or persons for violation of this act if the officer has probable cause to believe that the violation was committed within the previous 24 hours.  The court shall impose conditions on the pretrial release of the defendant that will assure that he or she will not engage in further actions that violate this act. 

An individual or health care facility aggrieved by a violation of this act may seek civil damages from the person(s) that committed the prohibited acts.  In addition to actual damages, the aggrieved individual may recover $500 for each day the actions occurred and an aggrieved health care facility may recover $5,000 for each day the actions occurred.  The costs of the action and reasonable attorneys' fees may also be recovered.

It is not a defense in a civil or criminal proceeding under this act that the defendant sought to prevent a greater harm than the act complained of if the act sought to be prevented is a lawful medical procedure.

A criminal agency is required to release any identifying information to a victim that will assist the victim in obtaining civil redress for a violation of this act unless the agency determines that release of the information would interfere with an ongoing criminal investigation.

This act shall not be construed to impair any individual or group's constitutional rights.  Furthermore, the act does not apply to conduct regulated by state or federal administrative agencies.

The court shall safeguard the individual privacy and prevent harassment of a health care patient or health care provider who is a party or witness in a proceeding under this act.

Appropriation:  none

Revenue:   none

Fiscal Note:    requested January 25, 1990