Washington State
Introduction:
This law legalizes assisted suicide. It includes the
following protection of conscience provisions. Note that, under Section
2(a), objecting hospitals can prohibit assisted suicide on their
premises, but under 2(d)ii are forced to permit health care workers on
their premises to refer patients for assisted suicide.
RCW § 70.245.190 Immunities - Basis for prohibiting health care provider from participation - Notification - Permissible sanctions. (Effective March 5, 2009.)
(1) Except as provided in RCW
70.245.200
and subsection (2) of this section:
(a) A person shall not be subject to civil or criminal liability or
professional disciplinary action for participating in good faith compliance
with this chapter. This includes being present when a qualified patient
takes the prescribed medication to end his or her life in a humane and
dignified manner;
(b) A professional organization or association, or health care provider,
may not subject a person to censure, discipline, suspension, loss of
license, loss of privileges, loss of membership, or other penalty for
participating or refusing to participate in good faith compliance with this
chapter;
(c) A patient's request for or provision by an attending physician of
medication in good faith compliance with this chapter does not constitute
neglect for any purpose of law or provide the sole basis for the appointment
of a guardian or conservator; and
(d) Only willing health care providers shall participate in the provision
to a qualified patient of medication to end his or her life in a humane and
dignified manner. If a health care provider is unable or unwilling to carry
out a patient's request under this chapter, and the patient transfers his or
her care to a new health care provider, the prior health care provider shall
transfer, upon request, a copy of the patient's relevant medical records to
the new health care provider.
(2)(a) A health care provider may prohibit another health care provider
from participating under chapter 1, Laws of 2009 on the premises of the
prohibiting provider if the prohibiting provider has given notice to all
health care providers with privileges to practice on the premises and to the
general public of the prohibiting provider's policy regarding participating
under chapter 1, Laws of 2009. This subsection does not prevent a health
care provider from providing health care services to a patient that do not
constitute participation under chapter 1, Laws of 2009.
(b) A health care provider may subject another health care provider to
the sanctions stated in this subsection if the sanctioning health care
provider has notified the sanctioned provider before participation in
chapter 1, Laws of 2009 that it prohibits participation in chapter 1, Laws
of 2009:
(i) Loss of privileges, loss of membership, or other
sanctions provided under the medical staff bylaws, policies, and procedures
of the sanctioning health care provider if the sanctioned provider is a
member of the sanctioning provider's medical staff and participates in
chapter 1, Laws of 2009 while on the health care facility premises of the
sanctioning health care provider, but not including the private medical
office of a physician or other provider;
(ii) Termination of a lease or other property
contract or other nonmonetary remedies provided by a lease contract, not
including loss or restriction of medical staff privileges or exclusion from
a provider panel, if the sanctioned provider participates in chapter 1, Laws
of 2009 while on the premises of the sanctioning health care provider or on
property that is owned by or under the direct control of the sanctioning
health care provider; or
(iii) Termination of a contract or other nonmonetary
remedies provided by contract if the sanctioned provider participates in
chapter 1, Laws of 2009 while acting in the course and scope of the
sanctioned provider's capacity as an employee or independent contractor of
the sanctioning health care provider. Nothing in this subsection (2)(b)(iii)
prevents:
(A) A health care provider from participating in
chapter 1, Laws of 2009 while acting outside the course and scope of the
provider's capacity as an employee or independent contractor; or
(B) A patient from contracting with his or her attending physician and
consulting physician to act outside the course and scope of the provider's
capacity as an employee or independent contractor of the sanctioning health
care provider.
(c) A health care provider that imposes sanctions under (b) of this
subsection shall follow all due process and other procedures the sanctioning
health care provider may have that are related to the imposition of
sanctions on another health care provider.
(d) For the purposes of this subsection:
(i) "Notify" means a separate statement in writing to
the health care provider specifically informing the health care provider
before the provider's participation in chapter 1, Laws of 2009 of the
sanctioning health care provider's policy about participation in activities
covered by this chapter.
(ii) "Participate in chapter 1, Laws of 2009" means to perform the duties of
an attending physician under RCW
70.245.040,
the consulting physician function under RCW
70.245.050,
or the counseling function under RCW
70.245.060.
"Participate in chapter 1, Laws of 2009" does not include:
(A) Making an initial determination that a patient
has a terminal disease and informing the patient of the medical prognosis;
(B) Providing information about the Washington death with dignity act to a
patient upon the request of the patient;
(C) Providing a patient, upon the request of the patient, with a referral to
another physician; or
(D) A patient contracting with his or her attending physician and consulting
physician to act outside of the course and scope of the provider's capacity
as an employee or independent contractor of the sanctioning health care
provider.
(3) Suspension or termination of staff membership or privileges under
subsection (2) of this section is not reportable under RCW
18.130.070.
Action taken under RCW
70.245.030,
70.245.040,
70.245.050,
or
70.245.060 may not be the sole basis for a report of unprofessional
conduct under RCW
18.130.180.
(4) References to "good faith" in subsection (1)(a), (b), and (c) of this
section do not allow a lower standard of care for health care providers in
the state of Washington.
[2009 c 1 § 19 (Initiative Measure No. 1000, approved November 4, 2008).]