S-0483

AN ACT Relating to good samaritans and medical services provided to low-income persons by physicians; amending RCW 18.71.220; adding new sections to chapter 18.71 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature finds that low-income citizens are often unable to obtain medical care. The legislature further finds that there are retired physicians who are qualified to provide medical services to low-income persons but who no longer carry medical malpractice liability insurance. The legislature intends to allow qualified retired physicians to provide medical services without compensation to low-income citizens with immunity from liability under certain conditions.

NEW SECTION. Sec. 2. A new section is added to chapter 18.71 RCW to read as follows:

(1) The secretary of health may issue a special limited license to qualified retired physicians that will permit the physician to provide medical care to low-income citizens. The license shall be valid only for providing medical care without compensation to low-income citizens in a registered low-income or nonprofit health care provider clinic or service or in a for-profit clinic only during the time that the clinic designates as nonprofit.

(2) A special license may be issued only to a retired physician who was previously licensed in this or another state as a physician and whose license was not suspended or revoked at the time he or she retired.

(3) Retired physicians shall meet the same continuing education requirements as physicians who hold a regular license under this chapter.

(4) The special license shall cost five dollars annually.

(5) Holders of the special license shall be subject to the same professional and disciplinary standards as physicians who hold a regular license under this chapter.

(6) Only primary care may be provided by the retired physician. Primary care shall be limited to noninvasive procedures and shall not include obstetrical care, or any specialized care and treatment. Invasive procedures do not include injections, suturing of minor lacerations, and incision of boils and superficial abscesses.

NEW SECTION. Sec. 3. A new section is added to chapter 18.71 RCW to read as follows:

Low-income or nonprofit health care provider clinics or services or for-profit clinics that designate certain hours as nonprofit shall register with the secretary of health and shall designate those hours during which they would serve as low-income or nonprofit clinics.

Sec. 4. RCW 18.71.220 and 1971 ex.s. c 305 s 4 are each amended to read as follows:

(1) No physician or hospital licensed in this state shall be subject to civil liability, based solely upon failure to obtain consent in rendering emergency medical, surgical, hospital, or health services to any individual regardless of age where its patient is unable to give his consent for any reason and there is no other person reasonably available who is legally authorized to consent to the providing of such care: PROVIDED, That such physician or hospital has acted in good faith and without knowledge of facts negating consent.

(2) A licensed physician, including but not limited to one retired from practice, who in good faith provides medical care or assistance as defined in section 2(6) of this act at a designated low-income or nonprofit health care provider clinic or service, or in a for-profit clinic, during the time that the clinic designates as nonprofit, operating lawfully in this state without compensation or without the expectation of receiving or intending to seek compensation shall not be subject to civil liability for any act or omission occurring in the course of such care or assistance, unless the acts or omissions constitute an intentional wrong or manifest a wanton disregard for human health or safety.