BILL REQ. #:  H-3865.2 

Prefiled 01/02/08. Read first time 01/14/08.   Referred to Committee on Judiciary.

     AN ACT Relating to end-of-life health care directives; amending RCW 43.70.480; and adding a new section to chapter 4.24 RCW.

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

Sec. 1   RCW 43.70.480 and 2000 c 70 s 1 are each amended to read as follows:
     (1) The department of health shall adopt guidelines and protocols for how emergency medical personnel shall respond when summoned to the site of an injury or illness for the treatment of a person who has signed a written directive ((or)), durable power of attorney, or medical order form developed by the department pursuant to subsection (2) of this section requesting that ((he or she not receive futile emergency)) medical treatment be provided, withheld, or withdrawn under specified circumstances.
     ((The guidelines shall include development of)) (2) The department shall develop a simple medical order form and education program for documenting a person's treatment preferences in any treatment setting, which clearly indicates "resuscitate" or "do not resuscitate" and other choices for medical treatment or comfort care that shall be ((used statewide)) followed by emergency medical personnel certified under chapters 18.71 and 18.73 RCW. The form may be followed by other providers as defined in section 2 of this act, for the purposes of identifying and implementing a person's requests regarding providing, withholding, or withdrawing medical treatment. The provisions of this section do not supersede other legal requirements applicable to providers and providers may not require any person to execute the form.
     (3) The form must be signed by:
     (a) An advanced registered nurse practitioner, osteopathic physician, osteopathic physician assistant, physician, or physician assistant; and
     (b)(i) The person; or
     (ii) The person's legal surrogate, following the informed consent criteria in RCW 7.70.060.

NEW SECTION.  Sec. 2   A new section is added to chapter 4.24 RCW to read as follows:
     (1) For the purposes of this section, "provider" means:
     (a) An advanced registered nurse practitioner, naturopath, osteopathic physician, osteopathic physician assistant, physician, or physician assistant;
     (b) A health care provider acting within the provider's licensed scope of practice and under the direction of an advanced registered nurse practitioner, osteopathic physician, osteopathic physician assistant, physician, or physician assistant;
     (c) A kidney disease treatment center and its personnel; or
     (d) A health facility as defined in chapter 70.122 RCW and its personnel, health care facility as defined in chapter 71.32 RCW and its personnel, or adult family home as defined in chapter 70.128 RCW and its personnel.
     (2) Any provider who participates in good faith in the withholding or withdrawal of life-sustaining treatment from a person in accordance with the directions stated on a medical order form endorsed by the department of health under RCW 43.70.480 and signed by an advanced registered nurse practitioner, osteopathic physician, osteopathic physician assistant, physician, or physician assistant, and the person or, as appropriate, the person's legal surrogate shall be immune from legal liability, including civil, criminal, or professional conduct sanctions, unless otherwise negligent.