BILL REQ. #:  S-4177.1 

READ FIRST TIME 01/26/12.   

     AN ACT Relating to liability of nonprofit and charitable corporations; amending RCW 43.20A.800; and adding a new section to chapter 43.20A RCW.

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

Sec. 1   RCW 43.20A.800 and 1993 c 96 s 2 are each amended to read as follows:
     The secretary of the department of social and health services shall coordinate the efforts of nonprofit agencies working with the homeless, poor, and uninsured, the Washington academy of eye physicians and surgeons, the Washington optometric association, and the opticians association of Washington to deliver vision services to the homeless, poor, and uninsured free of charge. The secretary shall enter into agreements identifying cooperating agencies and the circumstances under which specified services will be delivered.

NEW SECTION.  Sec. 2   A new section is added to chapter 43.20A RCW to read as follows:
     (1) A nonprofit corporation and any other charitable corporation is not liable for any damages arising out of providing previously owned eyeglasses to a person if:
     (a) The person is at least fourteen years of age; and
     (b) The eyeglasses are provided to the person without charge.
     (2) The immunity provided by subsection (1) of this section applies to eyeglasses only if:
     (a) The eyeglasses are provided by a licensed optometrist or ophthalmologist who has personally examined the person who will receive the eyeglasses; or
     (b) The eyeglasses are provided by an optician who has consulted with the licensed optometrist or ophthalmologist who personally examined the person who will receive the eyeglasses.