BILL REQ. #:  S-0457.2 

Read first time 02/04/11.   Referred to Committee on Health & Long-Term Care.

     AN ACT Relating to hospital and emergency service personnel reporting requirements to local enforcement; and amending RCW 70.41.440.

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

Sec. 1   RCW 70.41.440 and 2009 c 359 s 2 are each amended to read as follows:
     (1) A hospital and any emergency service personnel shall report to a local law enforcement authority as soon as reasonably possible, taking into consideration a patient's emergency care needs, when the hospital or emergency service personnel: (a) Provides treatment for a bullet wound, gunshot wound, blunt force injury, or stab wound to a patient ((who is unconscious)); or (b) receives or provides treatment to a patient who is deceased or dies after admission from a drug-related overdose. ((A)) Hospitals and emergency service personnel shall establish a written policy to identify the person or persons responsible for making the report.
     (2) The report required under subsection (1) of this section must include the following information, if known:
     (a) The name, residence, sex, and age of the patient;
     (b) Whether the patient has received a bullet wound, gunshot wound, ((or)), blunt force injury, stab wound, or has died as the result of a drug-related overdose; and
     (c) The name of the health care provider providing treatment for the bullet wound, gunshot wound, ((or)) stab wound, or drug-related overdose.
     (3) Nothing in this section shall limit a person's duty to report under RCW 26.44.030 or 74.34.035.
     (4) Any bullets, clothing, or other foreign objects that are removed from a patient for whom a hospital or emergency service personnel is required to make a report pursuant to subsection (1) of this section shall be preserved and kept in custody in such a way that the identity and integrity thereof are reasonably maintained until the bullets, clothing, or other foreign objects are taken into possession by a law enforcement authority or the hospital's or emergency service personnel's normal period for retention of such items expires, whichever occurs first.
     (5) Any hospital, emergency service personnel, or person who in good faith, and without gross negligence or willful or wanton misconduct, makes a report required by this section, cooperates in an investigation or criminal or judicial proceeding related to such report, or maintains bullets, clothing, or other foreign objects, or provides such items to a law enforcement authority as described in subsection (4) of this section, is immune from civil or criminal liability or professional licensure action arising out of or related to the report and its contents or the absence of information in the report, cooperation in an investigation or criminal or judicial proceeding, and the maintenance or provision to a law enforcement authority of bullets, clothing, or other foreign objects under subsection (4) of this section.
     (6) The physician-patient privilege described in RCW 5.60.060(4), the registered nurse-patient privilege described in RCW 5.62.020, and any other health care provider-patient privilege created or recognized by law are not a basis for excluding as evidence in any criminal proceeding any report, or information contained in a report made under this section.
     (7) All reporting, preservation, or other requirements of this section are secondary to patient care needs and may be delayed or compromised without penalty to the hospital or person required to fulfill the requirements of this section.