S-1885               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 5773

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senate Committee on Law & Justice (originally sponsored by Senators Pullen, Talmadge, Sellar and Bender)

Read first time 3/1/89.

AN ACT Relating to limiting liability for rendering emergency care services unless the person primarily provides emergency care services and is compensated for rendering those specific emergency services; and amending RCW 4.24.300.

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

        Sec. 1.  Section 1, chapter 58, Laws of 1975 as amended by section 19, chapter 443, Laws of 1985 and RCW 4.24.300 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, any person((, including but not limited to a volunteer provider of emergency or medical services,)) who ((without compensation or the expectation of compensation)) renders emergency care at the scene of an emergency or who participates in transporting((, not for compensation,)) therefrom an injured person or persons for emergency medical treatment shall not be liable for civil damages resulting from any act or omission in the rendering of such emergency care or in transporting such persons, other than acts or omissions constituting gross negligence ((or wilful or wanton misconduct)).  ((Any person rendering emergency care during the course of regular employment and receiving compensation or expecting to receive compensation for rendering such care is excluded from the protection of this subsection.))

(2) The provisions of subsection (1) of this section do not apply to any person providing emergency care or emergency transportation who is a health care provider as defined under RCW 7.70.020 or who is regulated under chapter 18.71 or 18.73 RCW and who:  (a) Acts in the course and scope of his or her regular employment or work responsibilities; and (b) receives, or expects to receive, compensation for rendering such care or transportation.