BILL REQ. #:  H-3781.1 

Prefiled 12/21/09. Read first time 01/11/10.   Referred to Committee on Judiciary.

     AN ACT Relating to immunity from liability for certain health care providers; and amending RCW 4.24.300.

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

Sec. 1   RCW 4.24.300 and 2004 c 87 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)(a) Any 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 health care setting or (b) any community health care setting that provides health care services under this section, 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.