BILL REQ. #:  S-4386.1 

Read first time .   Referred to .

     AN ACT Relating to immunity from liability for health care providers during an emergency or disaster; amending RCW 4.24.300; adding a new section to chapter 18.57A RCW; adding a new section to chapter 18.71A RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   In response to recent national and international disasters, it is the legislature's intent to ensure during times of state and local emergencies and disasters every health care resource available to the state is utilized. The legislature recognizes one of its most important resources during such times is the availability of in-state and out-of-state volunteer health care providers, specifically physicians, physician assistants, and other health care providers with extensive primary care training. The legislature knows that such providers are often reluctant to volunteer their services out of fear they may be found liable for their acts or omissions while assisting those in need during an emergency or disaster. As a way to ensure the maximum number of volunteer health care providers are available during an emergency or disaster, the legislature intends to grant immunity from civil liability to all such providers who provide emergency, medical, or other health care during emergency or disaster situations.

Sec. 2   RCW 4.24.300 and 2004 c 87 s 1 are each amended to read as follows:
     (1) 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 willful 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) Any licensed health care provider regulated by a disciplining authority under RCW 18.130.040 in the state of Washington who, without compensation or the expectation of compensation, provides health care services at a community health care setting is not liable for civil damages resulting from any act or omission in the rendering of such care, other than acts or omissions constituting gross negligence or willful or wanton misconduct.
     (3) Any physician or physician's assistant licensed to practice in this state under chapter 18.57, 18.57A, 18.71, or 18.71A RCW, or any physician or physician's assistant licensed or authorized to practice medicine in any other United States jurisdiction or credentialed as a physician assistant by a federal employer who, without compensation or the expectation of compensation, provides medical or other health-related care: (a) At the scene of an emergency; (b) in connection with an emergency or disaster under chapter 38.52 RCW; or (c) in connection with an incident that is man-made or natural disaster that endangers or threatens to endanger individuals, property, or the environment; and in which the care is provided at the request of an authorized representative of a local, state, or federal agency or body including, but not limited to, a fire department, police department, emergency management agency, or a disaster response agency, is not liable for civil damages resulting from any act or omission in the rendering of such care, other than acts or omissions constituting gross negligence or willful or wanton misconduct.
     (4) For purposes of subsection (2) of this section, "community health care setting" means an entity that provides health care services and:
     (a) Is a clinic operated by a public entity or private tax exempt corporation, except a clinic that is owned, operated, or controlled by a hospital licensed under chapter 70.41 RCW unless the hospital-based clinic either:
     (i) Maintains and holds itself out to the public as having established hours on a regular basis for providing free health care services to members of the public to the extent that care is provided without compensation or expectation of compensation during those established hours; or
     (ii) Is participating, through a written agreement, in a community-based program to provide access to health care services for uninsured persons, to the extent that:
     (A) Care is provided without compensation or expectation of compensation to individuals who have been referred for care through that community-based program; and
     (B) The health care provider's participation in the community-based program is conditioned upon his or her agreement to provide health services without expectation of compensation;
     (b) Is a for-profit corporation that maintains and holds itself out to the public as having established hours on a regular basis for providing free health care services to members of the public to the extent that care is provided without compensation or expectation of compensation during those established hours; or
     (c) Is a for-profit corporation that is participating, through a written agreement, in a community-based program to provide access to health care services for uninsured persons, to the extent that:
     (i) Care is provided without compensation or expectation of compensation to individuals who have been referred for care through that community-based program; and
     (ii) The health care provider's participation in the community- based program is conditioned upon his or her agreement to provide health services without expectation of compensation.

NEW SECTION.  Sec. 3   A new section is added to chapter 18.57A RCW to read as follows:
     (1) An osteopathic physician's assistant licensed in this state or licensed or authorized to practice in any other United States jurisdiction or who is credentialed as an osteopathic physician's assistant by a federal employer who is responding to a need for medical care created by an emergency or a state or local disaster, as set forth in RCW 4.24.300, may render such care that the osteopathic physician's assistant is able to provide without supervision as it is defined in this chapter, or with such supervision as is available, if any.
     (2) An osteopathic physician who supervises an osteopathic physician's assistant providing medical care in response to an emergency or state or local disaster is not required to meet the requirements set forth in this chapter for a supervising physician.
     (3) An osteopathic physician who supervises an osteopathic physician's assistant voluntarily and gratuitously providing emergency care is not liable for civil damages for any personal injuries that result from acts or omissions by the osteopathic physician's assistant rendering emergency care.

NEW SECTION.  Sec. 4   A new section is added to chapter 18.71A RCW to read as follows:
     (1) A physician assistant licensed in this state or licensed or authorized to practice in any other United States jurisdiction or who is credentialed as a physician assistant by a federal employer who is responding to a need for medical care created by an emergency or a state or local disaster, as set forth in RCW 4.24.300, may render such care that the physician assistant is able to provide without supervision as it is defined in this chapter, or with such supervision as is available, if any.
     (2) A physician who supervises a physician assistant providing medical care in response to an emergency or state or local disaster is not required to meet the requirements set forth in this chapter for a supervising physician.
     (3) A physician who supervises a physician assistant voluntarily and gratuitously providing emergency care is not liable for civil damages for any personal injuries that result from acts or omissions by the physician assistant rendering emergency care.