AN ACT Relating to emergency response charges; amending RCW 18.73.030; and adding a new section to chapter 18.73 RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 18.73 RCW to read as follows:

(1) Any person who is under the influence of or affected by any intoxicating liquor or any drug, or a combination of any intoxicating liquor and any drug, and whose negligent or reckless operation of any motor vehicle, boat, vessel, or civil aircraft caused by that influence proximately causes any incident resulting in an appropriate emergency response, is liable for the expense of an emergency response by a public agency to the incident.

(2) Any person who is under the influence of or affected by any intoxicating liquor or any drug, or a combination of any intoxicating liquor and any drug, and whose intentionally wrongful conduct proximately causes any incident resulting in an appropriate emergency response, is liable for the expense of an emergency response by a public agency to the incident.

(3) Whenever a law enforcement official, emergency medical technician, aid vehicle operator, ambulance operator, fire fighter, or first responder reasonably believes that an appropriate emergency response has been proximately caused by the negligent, reckless, or intentionally wrongful conduct of a person under the influence of any intoxicating liquor, drug, or both, as described in this section, that individual shall report such information to the county prosecuting attorney of the county in which the response occurred. The county prosecuting attorney shall promptly notify the person necessitating the emergency response that payment of the emergency response expense is requested, of the provisions of this section, and of the amount of the requested payment.

(4) If payment for the emergency response is not promptly made, the county prosecutor shall file an action in the appropriate district court in the district in which the emergency occurred which necessitated the response. For purposes of RCW 3.66.040, an action brought pursuant to this section shall be considered an action for damages for injury to a person or property, as defined in RCW 3.66.020. The prosecuting attorney shall, if the actions described in this section result in criminal conviction of the person whose actions necessitated the emergency response, request the sentencing court to require payment of the emergency response expense from the person causing the emergency response if such payment has not been made voluntarily.

(5) In no event shall a person's liability under this section for the expense of an emergency response exceed five hundred dollars for each incident.

(6) Any testimony, admission, or any other statement made by the person from whom payment is requested in any proceeding brought pursuant to this section, or any evidence derived from that testimony, admission, or other statement, shall not be admitted or otherwise used in any criminal proceeding in which that person is the defendant.

(7) The payment collected shall be transferred to the appropriate agency or entity making the response, and if more than one entity responded, shall be apportioned among those entities.

Sec. 2. Section 3, chapter 208, Laws of 1973 1st ex. sess. as last amended by section 3, chapter 104, Laws of 1988 and RCW 18.73.030 are each amended to read as follows:

Unless a different meaning is plainly required by the context, the following words and phrases as used in this chapter shall have the meanings indicated.

(1) "Secretary" means the secretary of the department of social and health services.

(2) "Department" means the department of social and health services.

(3) "Committee" means the emergency medical services committee.

(4) "Ambulance" means a ground or air vehicle designed and used to transport the ill and injured and to provide personnel, facilities, and equipment to treat patients before and during transportation.

(5) " Aid vehicle" means a vehicle used to carry aid equipment and individuals trained in first aid or emergency medical procedure.

(6) "Emergency medical technician" means a person who is authorized by the secretary to render emergency medical care pursuant to RCW 18.73.081.

(7) "Ambulance operator" means a person who owns one or more ambulances and operates them as a private business.

(8) "Ambulance director" means a person who is a director of a service which operates one or more ambulances provided by a volunteer organization or governmental agency.

(9) "Aid vehicle operator" means a person who owns one or more aid vehicles and operates them as a private business.

(10) "Aid director" means a person who is a director of a service which operates one or more aid vehicles provided by a volunteer organization or governmental agency.

(11) "Emergency medical care" or "emergency medical service" means such medical treatment and care which may be rendered at the scene of any medical emergency or while transporting any patient in an ambulance to an appropriate medical facility, including ambulance transportation between medical facilities.

(12) "Communications system" means a radio and landline network which provides rapid public access, coordinated central dispatching of services, and coordination of personnel, equipment, and facilities in an emergency medical services system.

(13) "Emergency medical services region" means a region established by the secretary of the department of social and health services pursuant to RCW 18.73.060, as now or hereafter amended.

(14) "Patient care protocols" means the written procedure adopted by the emergency medical services medical program director which direct the care of the emergency patient. These procedures shall be based upon the assessment of the patient's medical needs and what treatment will be provided for serious conditions.

(15) "Patient care guidelines" means written operating procedures adopted by the local or regional emergency medical services councils and the emergency medical services medical program director and may include which level of medical care personnel will be dispatched to an emergency scene, which hospital will first receive the patient and which hospitals are appropriate for transfer if necessary.

(16) "Emergency medical services medical program director" means a person who is an approved medical program director as defined by RCW 18.71.205(4).

(17) "Council" means the local or regional emergency medical services advisory council.

(18) "Basic life support" means emergency medical services.

(19) "Advanced life support" means emergency medical services requiring advanced medical treatment skills as defined by chapter 18.71 RCW.

(20) "System service area" means an emergency medical service area that develops because of trade, patient catchment, market, or other factors and may include county or multicounty boundaries.

(21) "First responder" means a person who is authorized by the secretary to render emergency medical care as defined by RCW 18.73.081.

(22) "Expense of an emergency response" means reasonable costs incurred by a public agency, including but not limited to a law enforcement agency, emergency medical technician, aid vehicle operator, ambulance operator, fire fighter, or first responder making an appropriate emergency response to the incident, consisting of the costs of providing police, fire fighting, rescue, and emergency medical services at the scene of the incident, but shall only include those costs directly arising because of the response to the particular incident.

(23) "Intentionally wrongful conduct" means conduct intended to injure another person or property.

(24) "Negligent operation" means the operation of any motor vehicle, boat, vessel, or civil aircraft in such a manner as to endanger or be likely to endanger any persons or property.

(25) "Reckless operation" means the operation of any motor vehicle, boat, vessel, or civil aircraft with willful or wanton disregard for the safety of persons or property.

(26) "Under the influence of intoxicating liquor or any drug" shall have the same meaning as that specified in RCW 46.61.502.

(27) "Drugs" includes, but is not limited to, those drugs and substances regulated by chapters 69.41 and 69.50 RCW.