CERTIFICATION OF ENROLLMENT

ENGROSSED SUBSTITUTE HOUSE BILL 2787

Chapter 87, Laws of 2004

58th Legislature
2004 Regular Session



HEALTH CARE PROVIDERS--VOLUNTEER LIABILITY



EFFECTIVE DATE: 6/10/04

Passed by the House March 11, 2004
  Yeas 96   Nays 0

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


Passed by the Senate March 11, 2004
  Yeas 49   Nays 0


BRAD OWEN
________________________________________    
President of the Senate
 
CERTIFICATE

I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 2787 as passed by the House of Representatives and the Senate on the dates hereon set forth.


RICHARD NAFZIGER
________________________________________    
Chief Clerk
Approved March 22, 2004.








GARY F. LOCKE
________________________________________    
Governor of the State of Washington
 
FILED
March 22, 2004 - 5:33 p.m.







Secretary of State
State of Washington


_____________________________________________ 

ENGROSSED SUBSTITUTE HOUSE BILL 2787
_____________________________________________

AS AMENDED BY THE SENATE

Passed Legislature - 2004 Regular Session
State of Washington58th Legislature2004 Regular Session

By House Committee on Health Care (originally sponsored by Representatives Kessler, Campbell, Cody, Morrell, Schual-Berke, Clibborn, Moeller, Upthegrove and Kagi)

READ FIRST TIME 02/05/04.   



     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 regulated by a disciplining authority under 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 a clinic operated by a public entity or private tax exempt corporation, except a clinic that is owned, operated, or controlled by a hospital licensed under chapter 70.41 RCW unless the hospital-based clinic either:
     (i) 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 provided without compensation or expectation of compensation during those established hours; or
     (ii) 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:
     (A) Care is provided without compensation or expectation of compensation to individuals who have been referred for care through that community-based program; and
     (B) The health care provider's participation in the community-based program is conditioned upon his or her agreement to provide health services without expectation of compensation;
     (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 provided without compensation or expectation of 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:
     (i) Care is provided without compensation or expectation of compensation to individuals who have been referred for care through that community-based program; and
     (ii) The health care provider's participation in the community-based program is conditioned upon his or her agreement to provide health services without expectation of compensation.


         Passed by the House March 11, 2004.
         Passed by the Senate March 11, 2004.
         Approved by the Governor March 22, 2004.
         Filed in Office of Secretary of State March 22, 2004.