RCW 70.122.051
Liability of health care provider.
(1) For the purposes of this section, "provider" means a physician, advanced registered nurse practitioner, health care provider acting under the direction of a physician or an advanced registered nurse practitioner, or health care facility, as defined in this chapter or in chapter 71.32 RCW, and its personnel.
(2) Any provider who participates in good faith in the withholding or withdrawal of life-sustaining treatment from a qualified patient in accordance with the requirements of this chapter, shall be immune from legal liability, including civil, criminal, or professional conduct sanctions, unless otherwise negligent.
(3) The establishment of a health care declarations registry does not create any new or distinct obligation for a provider to determine whether a patient has a health care declaration.
(4) A provider is not subject to civil or criminal liability or sanctions for unprofessional conduct under the uniform disciplinary act, chapter 18.130 RCW, when in good faith and without negligence:
(a) The provider provides, does not provide, withdraws, or withholds treatment to a patient in the absence of actual knowledge of the existence of a health care declaration stored in the health care declarations registry established in RCW 70.122.130;
(b) The provider provides, does not provide, withdraws, or withholds treatment pursuant to a health care declaration stored in the health care declarations registry established in RCW 70.122.130 in the absence of actual knowledge of the revocation of the declaration;
(c) The provider provides, does not provide, withdraws, or withholds treatment according to a health care declaration stored in the health care declarations registry established in RCW 70.122.130 in good faith reliance upon the validity of the health care declaration and the declaration is subsequently found to be invalid; or
(d) The provider provides, does not provide, withdraws, or withholds treatment according to the patient's health care declaration stored in the health care declarations registry established in RCW 70.122.130.
(5) Except for acts of gross negligence, willful misconduct, or intentional wrongdoing, the department of health is not subject to civil liability for any claims or demands arising out of the administration or operation of the health care declarations registry established in RCW 70.122.130.
[ 2006 c 108 § 6; 1992 c 98 § 5.]
NOTES:
Finding—Intent—2006 c 108: See note following RCW 70.122.130.
Structure Revised Code of Washington
Title 70 - Public Health and Safety
Chapter 70.122 - Natural Death Act.
70.122.010 - Legislative findings.
70.122.030 - Directive to withhold or withdraw life-sustaining treatment.
70.122.040 - Revocation of directive.
70.122.051 - Liability of health care provider.
70.122.060 - Procedures by physician—Health care facility or personnel may refuse to participate.
70.122.070 - Effects of carrying out directive—Insurance.
70.122.080 - Effects of carrying out directive on cause of death.
70.122.090 - Criminal conduct—Penalties.
70.122.100 - Mercy killing, lethal injection, or active euthanasia not authorized.
70.122.110 - Discharge so that patient may die at home.
70.122.120 - Directive's validity assumed.
70.122.130 - Health care declarations registry—Rules—Report.
70.122.900 - Short title—1979 c 112.
70.122.915 - Application—1992 c 98.
70.122.925 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.