1928-S.E AMH .... ADAM 065

ESHB 1928 - H AMD TO H AMD (1928-S.E AMH LANT ADAM 047)

By Representative

On page 2, after line 37 of the amendment, insert the following:

"NEW SECTION. Sec. 3. It is the intent of the legislature by enacting sections 4 and 5 of this act that health care providers should remain personally liable for their own negligent or wrongful acts or omissions in connection with the provision of health care services, but that their vicarious liability for the negligent or wrongful acts or omissions of others should be curtailed. To that end, it is the intent of the legislature that Adamski v. Tacoma General Hospital, 20 Wn. App. 98, 579 P.2d 970 (1978), and its holding that hospitals may be held liable for a physician's acts or omissions under so-called "apparent agency" or "ostensible agency" theories should be reversed, so that hospitals will not be liable for the act or omission of a health care provider granted hospital privileges unless the health care provider is an actual agent or employee of the hospital. It is further the intent of the legislature that, notwithstanding any generally applicable principle of vicarious liability to the contrary, individual health care professionals will not be liable for the negligent or wrongful acts of others, except those who were acting under their direct supervision and control.

NEW SECTION. Sec. 4. A new section is added to chapter 7.70 RCW to read as follows:

A public or private hospital shall be liable for an act or omission of a health care provider granted privileges to provide health care at the hospital only if the health care provider is an actual agent or employee of the hospital and the act or omission of the health care provider occurred while the health care provider was acting within the course and scope of the health care provider's agency or employment with the hospital.

NEW SECTION. Sec. 5. A new section is added to chapter 7.70 RCW to read as follows:

A person who is a health care provider under RCW 7.70.020 (1) or (2) shall not be personally liable for any act or omission of any other health care provider who was not the person's actual agent or employee or who was not acting under the person's direct supervision and control at the time of the act or omission."

Renumber the remaining section and correct the title.

EFFECT: Adds provisions limiting the vicarious liability of a hospital or health care provider for the negligent acts of persons who are not actual agents or employees of the hospital or health care provider.

Provides a legislative intent that the holding of Adamski v. Tacoma General Hospital be reversed with respect to the theory of ostensible agency.

Provides that a hospital is liable for the act of a provider granted privileges at the hospital only if the provider is an actual agent or employee and the act occurred during the course of employment.

Provides that an individual health care provider is not liable for the act of another provider who is not his or her actual agent or employee and who is not acting under his or her direct supervision or control.