H-3977              _______________________________________________

                                                   HOUSE BILL NO. 2865

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representative Appelwick

Read first time 1/24/90 and referred to Committee on Judiciary.

AN ACT Relating to limiting liability for health care or educational decisions when parental consent is required; and adding a new section to chapter 4.24 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 4.24 RCW to read as follows:

          (1) Whenever the consent of a minor's parent is required before health care may be provided to the minor or before records or information about the minor may be released, a health care provider or school official may rely on a parent's representation that the parent is authorized to consent for the minor, so long as the reliance is without actual knowledge that the parent is not authorized to consent.

          (2) A health care provider or school official who relies on a parent's representation in compliance with subsection (1) of this section shall be immune from civil or criminal liability for such reliance regardless of whether:

          (a) The parents of the minor are married, unmarried, or separated at the time of the representation;

          (b) The minor is living with the consenting parent; or

          (c) The giving of the consent by the parent complies with any agreement between the parents, or with any order or decree in any action entered pursuant to chapter 26.09 RCW.