H-0382.1  _______________________________________________

                          HOUSE BILL 1213

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Representatives Brumsickle, Grant, Cody, Basich and McMahan

Read first time 01/17/95.  Referred to Committee on Health Care.

Revising provisions relating to liability in training of emergency service medical personnel.

    AN ACT Relating to training of emergency service medical personnel; amending RCW 18.71.210 and 18.71.215; and declaring an emergency.

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

    Sec. 1.  RCW 18.71.210 and 1989 c 260 s 4 are each amended to read as follows:

    No act or omission of any physician's trained mobile intensive care paramedic, intravenous therapy technician, or airway management technician, as defined in RCW 18.71.200 as now or hereafter amended, any emergency medical technician or first responder as defined in RCW 18.73.030, done or omitted in good faith while rendering emergency medical service under the responsible supervision and control of a licensed physician or an approved medical program director or delegate(s) to a person who has suffered illness or bodily injury shall impose any liability upon:

    (1) The trained mobile intensive care paramedic, intravenous therapy technician, airway management technician, emergency medical technician, or first responder;

    (2) The medical program director;

    (3) The supervising physician(s);

    (4) Any hospital, the officers, members of the staff, nurses, or other employees of a hospital;

    (5) Any training agency or training physician(s);

    (6) Any licensed ambulance service; or

    (7) Any federal, state, county, city or other local governmental unit or employees of such a governmental unit.

    This section shall apply to an act or omission committed or omitted in the performance of the actual emergency medical procedures and not in the commission or omission of an act which is not within the field of medical expertise of the physician's trained mobile intensive care paramedic, intravenous therapy technician, airway management technician, emergency medical technician, or first responder, as the case may be.

    This section shall ((not relieve a physician or a hospital of any duty otherwise imposed by law upon such physician or hospital for the designation or training of a physician's trained mobile intensive care paramedic, intravenous therapy technician, airway management technician, emergency medical technician, or first responder, nor shall this section relieve any individual or other entity listed in this section of any duty otherwise imposed by law for the provision or maintenance of equipment to be used by the physician's trained mobile intensive care paramedics, intravenous therapy technicians, airway management technicians, emergency medical technicians, or first responders)) apply also, as to the entities and personnel described in subsections (1) through (7) of this section, to any act or omission committed or omitted in good faith by such entities or personnel in rendering services at the request of an approved medical program director in the training of emergency service medical personnel for certification or recertification pursuant to this chapter.

    This section shall not apply to any act or omission which constitutes either gross negligence or willful or wanton misconduct.

    Sec. 2.  RCW 18.71.215 and 1990 c 269 s 20 are each amended to read as follows:

    The department of health shall defend and hold harmless approved medical program directors, delegates, or agents, including but not limited to hospitals and hospital personnel in their capacity of training emergency service medical personnel for certification or recertification pursuant to this chapter at the request of such directors, for any act or omission committed or omitted in good faith in the performance of ((his or her)) their duties.

NEW SECTION. Sec. 3.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

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