S-461                 _______________________________________________

                                                   SENATE BILL NO. 5492

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Nelson and Talmadge

Read first time 1/26/89 and referred to Committee on   Law & Justice.

AN ACT Relating to parenting; and adding a new section to chapter 26.09 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 26.09 RCW to read as follows:

          No health care provider or facility, or their agent, shall be liable for damages in any civil action brought by a parent or guardian based on a lack of the parent or guardian's consent for medical care of a minor child, if consent to the care has been given by a parent or guardian of the minor.  The immunity provided by this section shall apply regardless of whether:

          (1) The parents are married, unmarried, or separated at the time of consent or treatment;

          (2) The consenting parent is, or is not, a custodial parent of the minor;

          (3) The giving of consent by a parent is, or is not, full performance of any agreement between the parents, or of any order or decree in any action entered pursuant to chapter 26.09 RCW;

          (4) The action or suit is brought by or on behalf of the nonconsenting parent, the minor child, or any other person.