Substitute Senate Bill 5140 as Recommended by Health & Long Term Care


Section 1

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

  1. "Department" means the department of health.

  2. "Health care entity" means an entity that supervises, controls, grants privileges to, directs the practice of, or directly or indirectly restricts the practice of, a health care provider.

  3. "Health care provider" has the same meaning as in RCW 70.02.010.

Section 2

  1. Except as provided in subsection (2) of this section, if a health care provider is acting in good faith, within the provider's scope of practice, education, training, and experience and within the accepted standard of care, a health care entity may not prohibit the health care provider from providing health care services related to complications of pregnancy, including but not limited to health services related to miscarriage management and treatment for ectopic pregnancies, in cases in which failure to provide the service would violate the accepted standard of care or when the patient presents a medical condition manifesting itself by acute symptoms of sufficient severity such that the absence of medical attention could reasonably be expected to pose a risk:

    1. To the patient's life; or

    2. Of irreversible complications or impairment to the patient's bodily functions or any bodily organ or part.

  2. Nothing in this section prohibits a health care entity from limiting a health care provider's practice for purposes of:

    1. Complying with the network or utilization review requirements of any program or entity authorized by state or federal law to provide insurance coverage for health care services to enrollees; or

    2. Quality control and patient safety, including when quality control or patient safety issues are identified pursuant to peer review.

  3. A health care entity may not discharge, demote, suspend, discipline, or otherwise discriminate against a health care provider for providing services in compliance with this section.

Section 3

A patient, a health care provider, or an individual, who is aggrieved by a violation of section 2 of this act, may bring a civil action against a health care entity to enjoin further violations, to recover damages, or both. The prevailing party in such action is entitled to recover costs of litigation and reasonable attorneys' fees.

Section 4

Beginning March 1, 2022, a health care entity shall provide the information prepared by the department under section 5 of this act at the time of hiring, contracting with, or privileging health care providers and staff, and on a yearly basis thereafter.

Section 5

This section adds a new section to an existing chapter 43.70. Here is the modified chapter for context.

By December 31, 2021, the department shall design, prepare, and make available online, written materials to clearly inform health care providers and staff of the provisions of, and authority to act under, chapter 70.--- RCW (the new chapter created in section 7 of this act).

Section 6

If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

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