BILL REQ. #:  H-1795.1 

READ FIRST TIME 02/16/05.   

     AN ACT Relating to adding to the list of persons who may give informed consent to medical care for minors and providing immunity to health care providers and facilities for reliance on the representation of a person claiming to be responsible for the care of the minor; amending RCW 7.70.065; and creating a new section.

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

NEW SECTION.  Sec. 1   (1) It is the intent of the legislature to assist children in the care of kin to access appropriate medical services. Children being raised by kin have faced barriers to medical care because their kinship caregivers have not been able to verify that they are the identified primary caregivers of these children. Such barriers pose an especially significant challenge to kinship caregivers in dealing with health professionals when children are left in their care.
     (2) It is the intent of the legislature to assist kinship caregivers in accessing appropriate medical care to meet the needs of a child in their care by permitting such responsible adults who are providing care to a child to give informed consent to medical care.

Sec. 2   RCW 7.70.065 and 2003 c 283 s 29 are each amended to read as follows:
     (1) Informed consent for health care for a patient who is not competent, as defined in RCW 11.88.010(1)(e), to consent may be obtained from a person authorized to consent on behalf of such patient.
     (a) Persons authorized to provide informed consent to health care on behalf of a patient who is not competent to consent, based upon a reason other than incapacity as defined in RCW 11.88.010(1)(d), shall be a member of one of the following classes of persons in the following order of priority:
     (((a))) (i) The appointed guardian of the patient, if any;
     (((b))) (ii) The individual, if any, to whom the patient has given a durable power of attorney that encompasses the authority to make health care decisions;
     (((c))) (iii) The patient's spouse;
     (((d))) (iv) Children of the patient who are at least eighteen years of age;
     (((e))) (v) Parents of the patient; and
     (((f))) (vi) Adult brothers and sisters of the patient.
     (((2))) (b) If the ((physician)) health care provider seeking informed consent for proposed health care of the patient who is not competent to consent under RCW 11.88.010(1)(e), other than a person determined to be incapacitated because he or she is under the age of majority and who is not otherwise authorized to provide informed consent, makes reasonable efforts to locate and secure authorization from a competent person in the first or succeeding class and finds no such person available, authorization may be given by any person in the next class in the order of descending priority. However, no person under this section may provide informed consent to health care:
     (((a))) (i) If a person of higher priority under this section has refused to give such authorization; or
     (((b))) (ii) If there are two or more individuals in the same class and the decision is not unanimous among all available members of that class.
     (((3))) (c) Before any person authorized to provide informed consent on behalf of a patient not competent to consent under RCW 11.88.010(1)(e), other than a person determined to be incapacitated because he or she is under the age of majority and who is not otherwise authorized to provide informed consent, exercises that authority, the person must first determine in good faith that that patient, if competent, would consent to the proposed health care. If such a determination cannot be made, the decision to consent to the proposed health care may be made only after determining that the proposed health care is in the patient's best interests.
     (2) Informed consent for health care for a patient who is not competent, as defined in RCW 11.88.010(1)(e), because he or she is under the age of majority and who is not otherwise authorized to provide informed consent, may be obtained from a person authorized to consent on behalf of such a patient.
     (a) Persons authorized to provide informed consent to health care on behalf of a patient who is incapacitated, as defined in RCW 11.88.010(1)(e), because he or she is under the age of majority and who is not otherwise authorized to provide informed consent, shall be a member of one of the following classes of persons in the following order of priority:
     (i) The appointed guardian of the minor patient, including a person authorized to consent to medical care pursuant to chapter 13.34 RCW, if any;
     (ii) Parents of the minor patient; and
     (iii) A competent adult representing himself or herself to be responsible for the health care of such minor patient.
     (b) A health care provider may, but is not required to, rely on the representations of a person claiming to be responsible for the care of the minor patient if the health care provider does not have actual notice of the falsity of any of the statements made by the person claiming to be responsible for the health care of the minor patient.
     (c) A health care facility or a health care provider may, in its discretion, require documentation of a person's claimed status as being responsible for the health care of the minor patient. However, there is no obligation to require such documentation.
     (d) The health care provider or health care facility where services are rendered shall be immune from suit in any action, civil or criminal, or from professional or other disciplinary action based on such reliance.
     (3) For the purposes of this section, "health care provider" and "health care facility" shall be defined as established in RCW 70.02.010.