H-2221              _______________________________________________

                                          SUBSTITUTE HOUSE BILL NO. 1850

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State of Washington                               51st Legislature                              1989 Regular Session

By House Committee on Judiciary (originally sponsored by Representatives Wolfe, Prentice, D. Sommers, Day, Braddock, Brooks, Chandler, Padden, Jones, Patrick, Walker, Sprenkle, Moyer, Nealey, Wood, Horn, Fuhrman, Holland, Morris, Brough, Miller, Bowman, Schoon, Brekke, Tate and Silver)

Read first time 3/1/89.

AN ACT Relating to good samaritans; and amending RCW 18.71.220.

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

        Sec. 1.  Section 4, chapter 305, Laws of 1971 ex. sess. and RCW 18.71.220 are each amended to read as follows:

(1) No physician or hospital licensed in this state shall be subject to civil liability, based solely upon failure to obtain consent in rendering emergency medical, surgical, hospital, or health services to any individual regardless of age where its patient is unable to give his consent for any reason and there is no other person reasonably available who is legally authorized to consent to the providing of such care:  PROVIDED, That such physician or hospital has acted in good faith and without knowledge of facts negating consent.

(2) No physician, licensed in this state but retired from practice, shall be subject to civil liability based solely upon noninvasive medical procedures performed in an outpatient clinic without compensation to the physician, unless the acts or omissions constitute gross negligence or willful or wanton misconduct.