Washington State

House of Representatives

Office of Program Research

BILL

 ANALYSIS

Judiciary Committee

 

 

SSB 5601

Title: An act relating to physicians providing care at community clinics.

 

Brief Description: Limiting liability for physicians providing care at community clinics.

 

Sponsors: Senate Committee on Judiciary (originally sponsored by Senators McCaslin and Deccio).


Brief Summary of Substitute Bill

    Provides immunity to physicians from liability for their negligence while rendering unpaid services at community clinics.


Hearing Date: 3/27/03


Staff: Bill Perry (786-7123).


Background:


Under the state's Good Samaritan law, providers of emergency or medical services may be immune from liability for their negligent conduct under certain circumstances. Any person is granted this immunity if he or she renders emergency care at the scene of an emergency and does so without compensation or the expectation of compensation.


The Legislature has also authorized the Department of Health to purchase and maintain liability malpractice insurance for "retired primary care providers" who provide care without compensation at community clinics. A community health care clinic is a public or private nonprofit tax exempt corporation with the mission of providing primary health care to low income individuals at a charge based upon ability to pay. Primary care providers include physicians, dentists, advanced registered nurse practitioners, physicians' assistants, dental hygienists, and midwives.


Summary of Bill:


Any physician licensed as an osteopath or physician who provides services without compensation at a community clinic is immune from liability for his or her negligence.


Appropriation: None.


Fiscal Note: Not Requested.


Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.