S-854                 _______________________________________________

                                                   SENATE BILL NO. 5268

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senators Newhouse, Vognild and McCaslin

Read first time 1/21/87 and referred to Committee on Judiciary.

AN ACT Relating to emergency medical care; and amending RCW 4.24.310 and 18.71.210.

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

        Sec. 1.  Section 2, chapter 58, Laws of 1975 as amended by section 20, chapter 443, Laws of 1985 and RCW 4.24.310 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) "Compensation" has its ordinary meaning but does not include nominal payments, reimbursement for expenses, or pension benefits, nor does it include payment made to volunteer part-time and volunteer on-call personnel of fire departments, fire districts, ambulance districts, police departments, or any emergency response organizations.

          (2) "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) "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 ((other than in a hospital, doctor's office, or other place where qualified medical personnel practice or are employed)).

        Sec. 2.  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 any first responder under 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)) misconduct.