H-4441.2 _______________________________________________
HOUSE BILL 2998
_______________________________________________
State of Washington 55th Legislature 1998 Regular Session
By Representatives Sheahan, Costa and K. Schmidt
Read first time 01/27/98. Referred to Committee on Law & Justice.
AN ACT Relating to limited immunity for use of semiautomatic external defibrillators; and adding a new section to chapter 70.54 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 70.54 RCW to read as follows:
(1) As used in this section:
(a) "Defibrillators" means an automatic external defibrillator.
(b) "Gratuitously renders emergency care" means the giving of emergency care, including the use of a defibrillator, that was volunteered without legal obligation on the part of the person rendering the emergency care and for which the person rendering the emergency care does not expect remuneration. "Gratuitously renders emergency care" does not mean emergency care for which the party rendering care later failed to submit a bill for payment.
(2) This section applies to all persons or entities, except health care professionals licensed under Title 18 RCW, hospitals, and ambulatory outpatient surgical centers.
(3) A person or entity who acquires a defibrillator shall ensure that:
(a) Expected defibrillator users receive reasonable training in defibrillator use and cardiopulmonary resuscitation by a national or state-approved course and instructor. The user of a defibrillator shall possess demonstrated proficiency in defibrillator use and cardiopulmonary resuscitation;
(b) The defibrillator is maintained and tested according to the manufacturer's operational guidelines; and
(c) Medical direction is enlisted from a licensed physician in the use of the defibrillator and cardiopulmonary resuscitation.
The person or entity who acquires a defibrillator shall notify the law enforcement agency and the fire fighting organization that provides local emergency services about the existence and the location of the defibrillator.
(4)(a) Except under (b) of this subsection, a person who comes upon the scene of an emergency or accident or is summoned to the scene of an emergency or accident and, in good faith, gratuitously renders emergency care at the scene of the emergency or accident is immune from civil liability for any personal injury that results from: (i) Any act or omission by the person in rendering the emergency care; or (ii) any act or failure to act to provide or arrange for further medical treatment or care for the injured person.
(b) The immunity from civil liability under (a) of this subsection does not apply if the acts or omissions amount to gross negligence or willful or wanton misconduct.
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