S-2183.1 _______________________________________________
SUBSTITUTE SENATE BILL 5187
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State of Washington 55th Legislature 1997 Regular Session
By Senate Committee on Law & Justice (originally sponsored by Senators Goings, Roach, Haugen, Johnson, Winsley and Rasmussen)
Read first time 03/05/97.
AN ACT Relating to the exchange of medical information in emergency situations; adding a new section to chapter 70.24 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. This act is intended to create a very limited exception to the restrictions in this chapter on sharing of information. It is the intent of the legislature that this limited exception will protect emergency, law enforcement, and medical personnel by reducing the possibility of injury or the transmission of a pathogen occurring. It is also the intent of the legislature that neither the level of care nor privacy be jeopardized by allowing certain information be shared with emergency, law enforcement, and medical personnel.
NEW SECTION. Sec. 2. A new section is added to chapter 70.24 RCW to read as follows:
(1) Notwithstanding any prohibitions in this chapter to the contrary, emergency personnel, including fire fighters, certified prehospital EMS personnel, law enforcement officers, and medical professionals treating persons at the scene of an emergency, may exchange medical information about the person receiving treatment reasonably believed under the circumstances by the person or persons providing treatment to be necessary to provide treatment, and are immune from civil action for damages prescribed by this chapter.
(2) Emergency personnel, including fire fighters, emergency medical technicians, law enforcement officers, and medical professionals treating persons at the scene of an emergency may disclose medical information about the person receiving treatment to licensed individuals to whom the injured or arrested person is delivered for medical treatment.
(3) The immunity from liability under subsections (1) and (2) of this section applies only:
(a) If the information was obtained voluntarily from (i) the injured person at the scene; or (ii) from a third party at the scene in the event the injured party is incapacitated; and
(b) The information is disclosed only among emergency personnel at the scene and to licensed individuals to whom the injured or arrested person is delivered for medical treatment.
(4) No person who is provided any information under this section may reduce the quality of services or treatment he or she provides to a person as a result of obtaining the information.
(5) Information about a person's condition should not be exchanged or disclosed in a manner that would allow persons other than the emergency personnel to learn of the condition.
(6) As used in this section, "voluntarily" includes upon request of the people providing treatment or performing official law enforcement duties.
(7) A person who violates this section shall be held strictly liable for damages.
(8) This section does not apply to information exchanged in accordance with Senate Bill No. ---- (S-0458/97).
(9) As used in this section, "emergency" means an event or set of circumstances that, in response to the alleged commission of an offense or in response to an emergency assistance call, demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken person or community overtaken by such occurrences.
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