BILL REQ. #:  H-3719.2 

Read first time 01/20/2004.   Referred to Committee on Judiciary.

     AN ACT Relating to immunity from liability for licensed health care providers volunteering at community health care settings; and amending RCW 4.24.300.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 4.24.300 and 2003 c 256 s 1 are each amended to read as follows:
     (1) Any person, including but not limited to a volunteer provider of emergency or medical services, who without compensation or the expectation of compensation renders emergency care at the scene of an emergency or who participates in transporting, not for compensation, therefrom an injured person or persons for emergency medical treatment shall not be liable for civil damages resulting from any act or omission in the rendering of such emergency care or in transporting such persons, other than acts or omissions constituting gross negligence or willful or wanton misconduct. Any person rendering emergency care during the course of regular employment and receiving compensation or expecting to receive compensation for rendering such care is excluded from the protection of this subsection.
     (2) Any ((physician licensed under chapter 18.57 or 18.71 RCW)) licensed health care provider as listed in RCW 18.130.040 in the state of Washington who, without compensation or the expectation of compensation, provides health care services at a community ((clinic that is a public or private tax exempt corporation)) health care setting is not liable for civil damages resulting from any act or omission in the rendering of such care, other than acts or omissions constituting gross negligence or willful or wanton misconduct.
     (3) For purposes of subsection (2) of this section, "community health care setting" means an entity that provides health care services and:
     (a) Is operated by a public entity or private tax exempt corporation;
     (b) Is a for-profit corporation that maintains and holds itself out to the public as having established hours on a regular basis for providing free health care services to members of the public to the extent that care is actually provided without compensation during those established hours; or
     (c) Is a for-profit corporation that is participating, through a written agreement, in a community-based program to provide access to health care services for uninsured persons, to the extent that care is being provided without compensation to individuals who have been referred for care through that community-based program.