H-1225              _______________________________________________

                                                    HOUSE BILL NO. 898

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Rayburn and Lewis

Read first time 2/13/87 and referred to Committee on Judiciary.

AN ACT Relating to emergency medical services; and amending RCW 18.71.210.

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

        Sec. 1.  Section 3, chapter 305, Laws of 1971 ex. sess. as last amended by section 4, chapter 68, Laws of 1986 and RCW 18.71.210 are each amended to read as follows:

          No act or omission of any physician's trained mobile intensive care paramedic, intravenous therapy technician, or airway management technician, as defined in RCW 18.71.200 as now or hereafter amended, or of any emergency medical technician as defined in RCW 18.73.030, or of any first responder as defined in RCW 18.73.205, done or omitted in good faith while rendering emergency medical service under the responsible supervision and control of a licensed physician or an approved medical program director or delegate(s) to a person who has suffered illness or bodily injury shall impose any liability upon:

          (1) The trained mobile intensive care paramedic, intravenous therapy technician, ((or)) airway management technician, emergency medical technician, or  first responder;

          (2) The medical program director;

          (3) The supervising physician(s);

           (4) Any hospital, the officers, members of the staff, nurses, or other employees of a hospital;

           (5) Any training agency or training physician(s);

           (6) Any licensed ambulance service; or

          (7) Any federal, state, county, city or other local governmental unit or employees of such a governmental unit.

          This section shall apply to an act or omission committed or omitted in the performance of the actual emergency medical procedures and not in the commission or omission of an act which is not within the field of medical expertise of the physician's trained mobile intensive care paramedic, intravenous therapy technician, ((or)) airway management technician, emergency medical technician, or first responder, as the case may be.

          This section shall not relieve a physician or a hospital of any duty otherwise imposed by law upon such physician or hospital for the designation or training of a physician's trained mobile intensive care paramedic, intravenous therapy technician, ((or)) airway management technician, emergency medical technician, or first responder, nor shall this section relieve any individual or other entity listed in this section of any duty otherwise imposed by law for the provision or maintenance of equipment to be used by the physician's trained mobile intensive care paramedics, intravenous therapy technicians, ((or)) airway management technicians, emergency medical technicians, or first responders.

          This section shall not apply to any act or omission which constitutes either gross negligence or wilful or wanton conduct.