BILL REQ. #:  H-3396.1 

Read first time 01/20/14.   Referred to Committee on Judiciary.

     AN ACT Relating to liability of health care providers responding to an emergency; 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) Except as provided in subsection (3) of this section, any health care provider who responds to an emergency is immune from liability, including civil liability, professional conduct sanctions, or administrative sanctions, for acts or omissions in providing or withholding health care to any person to whom the provider owes a duty to provide health care, when the emergency and subsequent conditions cause a lack of personnel or material resources that renders the health care provider unable to provide the level or manner of care that would have been required in the absence of the emergency.
     (2) Except as provided in subsection (3) of this section, any health care provider credentialing or granting practice privileges to other health care providers to deliver health care in response to an emergency is immune from civil liability arising out of such credentialing or granting of practice privileges if: (a) The health care provider so credentialed or granted practice privileges was responding to an emergency; and (b) the procedures utilized for credentialing and granting practice privileges were consistent with the standards for granting emergency practice privileges adopted by the joint commission on the accreditation of health care organizations.
     (3) This section does not apply to any acts or omissions constituting gross negligence or willful or wanton misconduct.
     (4) For purposes of this section:
     (a) "Ambulatory surgical facility" has the same meaning as provided in RCW 70.230.010.
     (b) "Credentialing" means the collection, verification, and assessment of whether a health care provider meets relevant licensing, education, and training requirements.
     (c) "Emergency" means an event or set of circumstances for which the governor has proclaimed a state of emergency pursuant to RCW 43.06.010.
     (d) "Health care provider" means:
     (i) A member of a profession identified in RCW 18.130.040;
     (ii) An employee or agent of a member of such a profession acting in the course and scope of his or her employment;
     (iii) An entity, whether or not incorporated, facility, or institution employing, credentialing, or providing practice privileges to one or more persons described in (d)(i) of this subsection, including, but not limited to, a hospital, ambulatory surgical facility, clinic, health maintenance organization, or nursing home, or an officer, director, employee, or agent thereof acting in the course and scope of his or her employment;
     (iv) A pharmacist or pharmacy as defined in RCW 18.64.011; or
     (v) In the event any person identified in (d)(i) through (iv) of this subsection is deceased, his or her estate or personal representative.
     (e) "Health maintenance organization" has the same meaning as provided in RCW 48.46.020.
     (f) "Hospital" has the same meaning as provided in RCW 70.41.020.
     (g) "Nursing home" has the same meaning as provided in RCW 18.51.010.