H-3800.1 _______________________________________________
HOUSE BILL 2868
_______________________________________________
State of Washington 52nd Legislature 1992 Regular Session
By Representatives Schmidt, Appelwick, Bowman, Padden, Wilson, Tate, Vance, P. Johnson, Brumsickle, Lisk, Mitchell, Nealey, Chandler, Casada, Morton, Horn, May, Ferguson, Prince, Miller, Beck, Wynne, Ballard, Winsley, D. Sommers, Broback, Paris, Brough, Carlson, Forner, Wood, Moyer, Hochstatter and Zellinsky
Read first time 01/29/92. Referred to Committee on Judiciary.
AN ACT Relating to the creation of an affirmative defense in an action for medical malpractice; adding a new section to chapter 7.70 RCW; and adding new sections to chapter 43.70 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 7.70 RCW to read as follows:
No award shall be made in an action or arbitration for damages for injury occurring as the result of health care that is provided after July 1, 1993, when a defendant in an action pleads and establishes that the defendant's treatment and action were within the accepted practice parameters, created under section 2 of this act, for the presenting symptoms.
When no accepted practice parameter exists, the plaintiff in an action for damages for injury occurring as the result of health care shall meet the requirements of RCW 7.70.030.
The plaintiff in an action for damages for injury occurring as the result of health care shall not substitute an accepted practice parameter for the requirements in RCW 7.70.030 when the defendant in the action does not plead that the treatment and action were within the accepted practice parameters.
NEW SECTION. Sec. 2. A new section is added to chapter 43.70 RCW to read as follows:
Beginning July 1, 1993, the secretary of the department of health shall institute a program to define and determine acceptable health care practice parameters for the state. Practice parameters are guidelines suggested by the various national medical specialty associations. The department of health's practice parameters program shall operate in substantially the following manner:
(1) The Washington state medical association may file, with the secretary of the department of health, Washington practice parameters based on practice parameters suggested by each national medical specialty association.
(2) Within one year of filing by the Washington state medical association, the department of health may adopt the practice parameters.
(a) The department shall only adopt those practice parameters submitted, and shall not create its own practice parameters.
(b) Once adopted, a practice parameter is in effect for a term of eighteen months. After eighteen months, the Washington state medical association must request either an amendment to or renewal of the practice parameters. There is a limit of two renewals for a practice parameter. Each renewal shall make the practice parameter effective for another eighteen months. When a practice parameter reaches the end of its second renewal term limit, the practice parameter must be amended, or it is no longer an effective practice parameter.
(3) The department has no obligation to seek out or encourage the submission of practice parameters.
(4) The department shall adopt rules necessary to carry out the provisions of this section.
NEW SECTION. Sec. 3. A new section is added to chapter 43.70 RCW to read as follows:
The department of health shall operate the practice parameter program until July 1, 1995. At that time, the secretary shall make recommendations to the legislature as to the continuance, discontinuance, or modification of the program.