SENATE BILL REPORT

SB 5773

BYSenators Pullen, Talmadge, Sellar and Bender

Limiting the application of the good samaritan law.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 13, 1989; February 27, 1989

Majority Report:  That Substitute Senate Bill No. 5773 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Hayner, Madsen, Nelson, Newhouse, Talmadge, Thorsness.

Senate Staff:Dick Armstrong (786-7460)

                  February 28, 1989

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 27, 1989

BACKGROUND:

In 1975 the Legislature enacted what is commonly referred to as the Good Samaritan Law.  This law generally provides that persons providing emergency care services are not liable for civil damages unless their conduct is grossly negligent.

However, no immunity is provided under the Good Samaritan Law if the emergency care or emergency transportation is provided "during the course of regular employment," and the person is compensated for such services.

The precise wording of the existing law appears to deny immunity to persons, such as bus drivers and taxicab operators, who drive injured persons to hospitals because such services are performed "during the course of their regular employment."

SUMMARY:

The purpose and intent of the Good Samaritan Law is clarified.

Generally, most persons who provide emergency care or emergency transportation at the scene of an emergency are provided immunity from civil damages, unless their conduct is grossly negligent.  However, immunity is denied to persons who are health care providers (physicians, nurses, etc.) and emergency medical technicians who are compensated for their services and provide such services in the course and scope of their regular employment or work responsibilities.

EFFECT OF PROPOSED SUBSTITUTE:

Technical amendments are made to clarify the intent of the bill.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Steve Lindstrom, Washington State Transit Association (pro); Ian MacGowan, Pierce Transit (pro); Susie Tracy, Washington Ambulance Association; Dennis Martin, Washington State Trial Lawyers