BILL REQ. #:  S-0849.2 

Read first time 02/04/13.   Referred to Committee on Health Care .

     AN ACT Relating to encouraging patient self-determination and health care planning by promoting the use of 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 as defined in (a)(i), (ii), or (iii) of this subsection or any facility, who participates in the provision of medical care or in the withholding or withdrawal of life-sustaining treatment, or any provider defined in (a)(iv) of this subsection, who participates in the provision of or the withholding or withdrawal of life-sustaining treatment, in accordance with the directions contained in the form developed under subsection (1) of this section is immune from legal liability, including civil, criminal, and professional conduct sanctions, as long as such participation has been conducted in good faith, within the scope of his or her credentials, and is not found to be negligent under chapter 7.70 RCW.
     (3) For purposes of this section:
     (a) "Provider" includes:
     (i) A physician licensed under chapter 18.71 RCW, an osteopathic physician licensed under chapter 18.57 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;
     (ii) Any credentialed health care provider acting under the direction of an individual identified in (a)(i) of this subsection;
     (iii) Any credentialed provider listed under RCW 18.71.210; and
     (iv) Any credentialed provider regulated under chapter 18.130 RCW; or
     (v) Any long-term care worker exempted from certification requirements under RCW 18.88B.041(1).
     (b) "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 70.127 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.
     (4) Nothing in this chapter may be interpreted to change the standard of care with respect to: (a) Health care provided in accordance with a directive under chapter 70.122 RCW or (b) persons authorized to provide informed consent to health care on behalf of a patient who is not competent to consent under RCW 7.70.065.