S-1738.1  _______________________________________________

                         SENATE BILL 6116

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senator McAuliffe

Read first time 02/23/2001.  Referred to Committee on Judiciary.

Limiting liability for physicians who provide medical care at school athletic events.

    AN ACT Relating to volunteers at school athletic events; and adding a new section to chapter 4.24 RCW.

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:

    (1) As used in this section:

    (a) "Person" means a person licensed under chapter 18.57 or 18.71 RCW.

    (b) "Volunteer" means to provide advice or care within the scope of the person's license without receipt or expectation of salary or financial remuneration.

    (2) A person who volunteers his or her services as a licensee shall not be liable in a cause of action for the delivery of medical advice or care under the following circumstances:

    (a) The service is performed for a public school or a private school approved under chapter 28A.195 RCW;

    (b) The service is performed during a practice or an intrastate, interstate, or international competition when either are authorized by the school;

    (c) The service is provided to an individual who is participating in the competition or practice but only if the individual is:  (i) A student participant for a school at a school sanctioned competition or practice; or (ii) performing a function which is a necessary component of the competition or practice.  This subsection (2)(c)(ii) is limited to individuals who are coaching, officiating, maintaining official records, operating equipment necessary for conducting the competition or practice, or are members of a school band, cheerleader or yell squad, drill team, or other school-authorized group of students who perform during a competition; and

    (d) The service is provided in a manner which is neither grossly negligent nor willful nor wanton misconduct.

    (3) A person volunteering his or her services under this section is not precluded from receiving reimbursement for expenses involving travel, meals, and lodging when such expenses are incurred solely as a result of attending a competition or practice.  Reimbursement for such expenses shall not be deemed to change the person's status as a volunteer.

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