H-1236              _______________________________________________

                                                   HOUSE BILL NO. 1850

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

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 2/8/89 and referred to Committee on Judiciary.

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)(a) Any licensed physician, including but not limited to a retired volunteer, who without compensation or the expectation of compensation provides medical care for an indigent person at a volunteer clinic, shall not be liable for civil damages resulting from an act or omission in the rendering of uncompensated medical care for indigents, unless the acts or omissions constitute gross negligence or willful or wanton misconduct.

(b) For purposes of this subsection, a "volunteer clinic" means any publicly or privately funded medical facility operated in whole or in part for the purpose of allowing licensed physicians to render medical care for indigents without compensation to such physicians, whether or not other medical personnel are compensated for their services at the facility.