HOUSE BILL REPORT

SB 5492

As Amended by the House

BYSenators Nelson and Talmadge

Establishing immunity for health care providers in suits brought by a parent.

House Committe on Judiciary

Majority Report:  Do pass with amendment.  (18)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Brough, Dellwo, Hargrove, Inslee, P. King, R. Meyers, Moyer, H. Myers, Patrick, Schmidt, Scott, D. Sommers, Tate and Wineberry.

House Staff:Bill Perry (786-7123)

AS PASSED HOUSE APRIL 11, 1989

BACKGROUND:

The domestic relations statute was recently amended to include parent plans.  Parenting plans are used to encourage cooperation by fully specifying the rights and duties of each parent.  A parent plan must allocate decision-making authority regarding the children's health care to one or both parents.

SUMMARY:

Health care providers who provide treatment to a child at the request of a parent or guardian are not liable for damages in a civil action by the proper parent or guardian based on a lack of consent to the treatment.  This immunity applies even if the consenting parent is not authorized to consent under a parenting plan.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Marybeth O'Conner.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The bill will promote timely care for children and will remove an unfair exposure to liability for health care providers.

House Committee - Testimony Against:      None Presented.