BILL REQ. #:  S-0991.1 

Read first time 01/31/2003.   Referred to Committee on Judiciary.

     AN ACT Relating to liability for charity care; and amending RCW 4.24.300 and 4.24.310.

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

Sec. 1   RCW 4.24.300 and 1985 c 443 s 19 are each amended to read as follows:
     Any person, including but not limited to a volunteer provider of emergency or medical services, who without compensation or the expectation of compensation: (1) Renders emergency care at the scene of an emergency ((or who)); (2) participates in transporting, not for compensation, therefrom an injured person or persons for emergency medical treatment; or (3) provides charity care shall not be liable for civil damages resulting from any act or omission in the rendering of such emergency or charity care or in transporting such persons, other than acts or omissions constituting gross negligence or willful or wanton misconduct. Any person rendering emergency or charity 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)) section.

Sec. 2   RCW 4.24.310 and 1989 c 223 s 1 are each amended to read as follows:
     For the purposes of RCW 4.24.300 the following words and phrases shall have the following meanings unless the context clearly requires otherwise:
     (1) "Charity care" has the meaning given in RCW 70.170.020;
     (2) "Compensation" has its ordinary meaning but does not include: Nominal payments, reimbursement for expenses, or pension benefits; payments made to volunteer part-time and volunteer on-call personnel of fire departments, fire districts, ambulance districts, police departments, or any emergency response organizations; or any payment to a person employed as a transit operator who is paid for his or her regular work, which work does not routinely include providing emergency or charity care or emergency transportation.
     (((2))) (3) "Emergency care" means care, first aid, treatment, or assistance rendered to the injured person in need of immediate medical attention and includes providing or arranging for further medical treatment or care for the injured person. Except with respect to the injured person or persons being transported for further medical treatment or care, the immunity granted by RCW 4.24.300 does not apply to the negligent operation of any motor vehicle.
     (((3))) (4) "Scene of an emergency" means the scene of an accident or other sudden or unexpected event or combination of circumstances which calls for immediate action.