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.
