| Passed by the House March 5, 2012 Yeas 98 ________________________________________ Speaker of the House of Representatives Passed by the Senate March 2, 2012 Yeas 48 ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 2261 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 62nd Legislature | 2012 Regular Session |
READ FIRST TIME 01/31/12.
AN ACT Relating to charitable donations of eye glasses and hearing instruments; and adding a new section to chapter 4.24 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 4.24 RCW
to read as follows:
(1) A charitable organization is not liable for any civil damages
arising out of any act or omission, other than acts or omissions
constituting gross negligence or willful or wanton misconduct,
associated with providing previously owned eyeglasses or hearing
instruments to a person if:
(a) The person is at least fourteen years of age; and
(b) The eyeglasses or hearing instruments are provided to the
person without compensation or the expectation of compensation.
(2) The immunity provided by subsection (1) of this section applies
to eyeglasses only if the eyeglasses are provided by a physician
licensed under chapter 18.71 RCW, an osteopathic physician licensed
under chapter 18.57 RCW, an optometrist licensed under chapter 18.53
RCW, or an optician licensed under chapter 18.34 RCW who has:
(a) Personally examined the person who will receive the eyeglasses;
or
(b) Personally consulted with the licensed physician, osteopathic
physician, or optometrist who examined the person who will receive the
eyeglasses.
(3) The immunity provided by subsection (1) of this section applies
to eyeglasses if the eyeglasses are provided by a physician's or
optician's optical assistant who has personally consulted with the
licensed physician, osteopathic physician, or optometrist who examined
the person who will receive the eyeglasses.
(4) The immunity provided by subsection (1) of this section applies
to hearing instruments only if the hearing instruments are provided by
a physician licensed under chapter 18.71 RCW, an osteopathic physician
licensed under chapter 18.57 RCW, or hearing health care professional
licensed under chapter 18.35 RCW who has:
(a) Personally examined the person who will receive the hearing
instruments; or
(b) Personally consulted with the licensed physician, osteopathic
physician, or hearing health care professional who has examined the
person who will receive the hearing instruments.
(5) For purposes of this section, "charitable organization" means
an organization:
(a) That regularly engages in or provides financial support for
some form of benevolent or charitable activity with the purpose of
doing good to others rather than for the convenience of its members;
(b) In which no part of the organization's income is distributable
to its members, directors, or officers; and
(c) In which no member, director, officer, agent, or employee is
paid, or directly receives, in the form of salary or other
compensation, an amount beyond that which is just and reasonable
compensation commonly paid for such services rendered and which has
been fixed and approved by the members, directors, or other governing
body of the organization.