Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Health Care & Wellness Committee

HB 2318

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Concerning shared decision making.

Sponsors: Representatives Cody, Hinkle, Bailey and Jinkins.

Brief Summary of Bill

  • Allows the Medical Director of the Health Care Authority to certify a patient decision aid for purposes of establishing prima facie evidence of informed consent.

Hearing Date: 1/18/12

Staff: Jim Morishima (786-7191).

Background:

A plaintiff can recover damages for health care in several ways, including when the injury resulted from health care to which the plaintiff did not consent. In order to prevail in an action based on lack of consent, a plaintiff must prove that:

In an action based on informed consent, it is prima facie evidence (evidence that will prevail unless rebutted by clear and convincing evidence) of informed consent that the patient or his or her representative signed an acknowledgement of shared decision making. The acknowledgement must include at least the following elements:

For purposes of establishing prima facie evidence of informed consent, "patient decision aid" is defined as a written, audio-visual, or online tool that provides a balanced presentation of the condition and treatment options, benefits, and harms. The patient decision aid must be certified by one or more national certifying organizations.

To date, patient decision aids are offered by a variety of organizations, including academic institutions and private companies. There is, however, no patient decision aids that have been certified by a national certifying organization.

Summary of Bill:

For purposes of establishing prima facie evidence of informed consent, if no national certifying organization has certified a patient decision aid, a patient decision aid may be utilized that meets international standards and that has been approved by the Medical Director of the Health Care Authority.

Appropriation: None.

Fiscal Note: Requested on January 11, 2012.

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