BILL REQ. #:  S-4375.1 

READ FIRST TIME 02/07/14.   

     AN ACT Relating to providing life alert services; adding a new section to chapter 70.54 RCW; and prescribing penalties.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 70.54 RCW to read as follows:
     (1) Employees of companies providing life alert services must provide the location and any known medical conditions of their customers when requested by first responders during an emergency.
     (2) Information received by a first responder under subsection (1) of this section is confidential and may only be used in responding to the emergency that prompted the information request. Any first responder receiving the information must destroy it at the end of the emergency and give written notification of such destruction to the life alert services company. A failure to destroy the information is a class 1 civil infraction under RCW 7.80.120.
     (3) It is not a violation of this section if a life alert services company or an employee makes a good faith effort to comply with this section. In addition, the company or employee is immune from civil liability for a good faith effort to comply with this section. Should a company or employee prevail upon the defense provided in this section, the company or employee is entitled to recover expenses and reasonable attorneys' fees incurred in establishing the defense.
     (4) First responders and their employing jurisdictions are not liable for failing to request the information in subsection (1) of this section. In addition, this act does not create a private right of action.
     (5) For the purposes of this section:
     (a) "Emergency" means an unforeseen combination of circumstances that requires the attention of first responders acting within the scope of their official duties. An emergency includes the outage of life alert services for more than twenty-four continuous hours.
     (b) "First responder" means career firefighters, law enforcement officers, and emergency medical personnel as licensed or certificated by this state.
     (c) "Life alert services" means a service provided for profit that allows persons in need of emergency assistance to contact a call center through the activation of a wearable device, such as a pendant or bracelet.
     (6) A violation of this section is a class 1 civil infraction under RCW 7.80.120.