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ENGROSSED SUBSTITUTE HOUSE BILL 1594
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State of Washington 54th Legislature 1995 Regular Session
By House Committee on Law & Justice (originally sponsored by Representatives Foreman, Sherstad, Campbell, Benton, McMahan, Elliot, Chandler and Hargrove)
Read first time 03/01/95.
AN ACT Relating to persons rendering aid who had contact with the blood of an injured person; amending RCW 4.24.310; adding a new section to chapter 4.24 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 4.24 RCW to read as follows:
If any person, including but not limited to a volunteer provider of emergency or medical services, who with or without compensation or the expectation of compensation renders emergency care at the scene of an emergency or who participates in transporting, with or without compensation, therefrom an injured person or persons for emergency medical treatment, had contact with the blood of an injured person provided aid by the person rendering aid, the injured person shall submit to blood tests, if requested by the person rendering emergency care, to determine the presence of any blood-borne disease conducted by or under guidelines adopted by the department of health. The person conducting the blood tests or the department of health shall notify the person rendering aid of the test results. The person rendering emergency care to the injured person shall submit, if requested by the injured person, to blood tests to determine the presence of any blood-borne disease, conducted by or under guidelines adopted by the department of health, if the injured person had contact with the blood of the person rendering emergency care. The person conducting the blood tests or the department of health shall notify the injured person of the test results. No person who receives notice of a blood test result of another person under this section may disclose the identity of the person whose blood was tested to any other person. Any person who discloses a blood test result in violation of this section is guilty of a gross misdemeanor punishable as provided under RCW 9A.20.021.
Sec. 2. RCW 4.24.310 and 1989 c 223 s 1 are each amended to read as follows:
For the purposes of RCW 4.24.300 and section 1 of this act the following words and phrases shall have the following meanings unless the context clearly requires otherwise:
(1) "Compensation" has its ordinary meaning but does not include: Nominal payments, reimbursement for expenses, or pension benefits; payments made to volunteer part-time and volunteer on-call personnel of fire departments, fire districts, ambulance districts, police departments, or any emergency response organizations; or any payment to a person employed as a transit operator who is paid for his or her regular work, which work does not routinely include providing emergency care or emergency transportation.
(2) "Emergency care" means care, first aid, treatment, or assistance rendered to the injured person in need of immediate medical attention and includes providing or arranging for further medical treatment or care for the injured person. Except with respect to the injured person or persons being transported for further medical treatment or care, the immunity granted by RCW 4.24.300 does not apply to the negligent operation of any motor vehicle.
(3) "Scene of an emergency" means the scene of an accident or other sudden or unexpected event or combination of circumstances which calls for immediate action.
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