BILL REQ. #:  H-1026.1 

READ FIRST TIME 01/31/13.   

     AN ACT Relating to immunity for health care providers following directions contained in a form developed pursuant to RCW 43.70.480; and amending RCW 43.70.480.

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

Sec. 1   RCW 43.70.480 and 2000 c 70 s 1 are each amended to read as follows:
     (1) The department of health shall adopt guidelines and protocols for how emergency medical personnel shall respond when summoned to the site of an injury or illness for the treatment of a person who has signed a written directive or durable power of attorney requesting that he or she not receive futile emergency medical treatment. The guidelines shall include development of a ((simple)) medical order form that shall be used statewide.
     (2) Any provider acting within the scope of his or her license or any facility who participates in good faith in the provision of medical care or in the withholding or withdrawal of life-sustaining treatment in accordance with the directions contained in the form developed under subsection (1) of this section shall be immune from legal liability, including civil, criminal, and professional conduct sanctions if:
     (a) The form is signed by the patient;
     (b) The standard of care required by RCW 7.70.040 is exercised when providing, withholding, or withdrawing treatment; and
     (c) Treatment is provided without negligence as described in chapter 7.70 RCW.
     (3) For purposes of this section, "provider" includes:
     (a) A physician licensed under chapter 18.71 RCW, an osteopathic physician licensed under chapter 18.57 RCW, a podiatric physician licensed under chapter 18.22 RCW, an advanced registered nurse practitioner licensed under chapter 18.79 RCW, a physician assistant licensed under chapter 18.71A RCW, and an osteopathic physician's assistant licensed under chapter 18.57A RCW;
     (b) Any credentialed health care provider acting under the direction of an individual identified in (a) of this subsection; and
     (c) Any credentialed provider listed under RCW 18.71.210.
     (4) For purposes of this section, "facility" includes a hospital licensed under chapter 70.41 RCW, a nursing home licensed under chapter 18.51 RCW, a home health agency or hospice agency licensed under chapter 70.126 RCW, an assisted living facility licensed under chapter 18.20 RCW, an adult family home licensed under chapter 70.128 RCW, an institution licensed under chapter 71.12 RCW, a state hospital designated under chapter 72.23 RCW, a clinic that is part of a community mental health service delivery system established under chapter 71.24 RCW, a long-term care facility as defined in RCW 43.190.020, any state veterans' home established under chapter 72.36 RCW, any entity identified in RCW 18.71.210, and any kidney disease treatment center.