FINAL BILL REPORT

SHB 2492

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

C 159 L 14

Synopsis as Enacted

Brief Description: Concerning liability of health care providers responding to an emergency.

Sponsors: House Committee on Judiciary (originally sponsored by Representatives Rodne, Jinkins, Morrell and Tharinger).

House Committee on Judiciary

Senate Committee on Law & Justice

Background:

Proclamation of Emergency.

The Governor is authorized to proclaim an emergency in any area in the state where a public disorder, disaster, energy emergency, or riot exists that affects life, health, property, or the public peace. The proclamation must be in writing and filed with the Office of the Secretary of State, with as much public notice as is possible. The proclamation ends when it is terminated by subsequent order of the Governor, and any proclamation must be terminated when order is restored to the area.

Actions for Injury Occurring as the Result of Health Care.

Per statute, there are three different types of claims that may be brought against health care providers:

  1. Professional negligence, alleging that injury resulted from the failure of the provider to follow the accepted standard of care. Necessary elements of this cause of action include proof:

    1. of failure to exercise that degree of care, skill, and learning expected of a reasonably prudent health care provider at that time in the profession or class to which he or she belongs acting in the same or similar circumstances; and

    2. that such failure was the proximate cause of the injury.

  2. Breach of warranty, alleging that a provider promised the patient that the injury suffered would not occur.

  3. Failure to provide informed consent, alleging that injury resulted from health care to which the patient did not consent.

A hospital has an independent duty to exercise care in credentialing and granting practice privileges to providers.

Statutory Immunity Provisions.

A variety of immunity provisions exist in statute, including immunity for:

Generally, the immunity afforded by these statutes does not extend to acts or omissions constituting gross negligence or willful or wanton misconduct.

Summary:

A health care provider credentialing or granting practice privileges to other health care providers to deliver health care in response to an emergency is immune from civil liability arising out of the credentialing or granting of practice privileges if:

Acts or omissions constituting gross negligence or willful or wanton misconduct are not immunized.

The following definitions apply for purposes of this immunity:

Votes on Final Passage:

House

93

5

Senate

49

0

Effective:

June 12, 2014