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2021 Senate Bill 5140: Protecting pregnancy and miscarriage-related patient care
Introduced by Sen. Patty Kuderer (Bellevue) (D) on January 12, 2021
Referred to the House Health Care & Wellness Committee on January 12, 2021
Referred to the Senate Rules Committee on February 2, 2021
Amendment offered by Sen. Phil Fortunato (Auburn) (R) on February 17, 2021
Defines accepted standard of care as safe medical care in accordance with the breadth of decisions that through informed consent can be either implemented or declined by patients and offered or withheld by health care providers. Accepted standard of care does not mean any specific decision when more than one possible acceptable treatment course may apply.
The amendment failed by voice vote in the Senate on February 17, 2021
Amendment offered by Sen. Phil Fortunato (Auburn) (R) on February 17, 2021
Specifies the accepted standard of care is for a reasonably prudent health care provider in same or similar circumstances.
The amendment failed by voice vote in the Senate on February 17, 2021
Amendment offered by Sen. Ron Muzzall (Oak Harbor) (R) on February 17, 2021
Removes the private right of action for a patient, a health care provider, or an individual who is aggrieved by a violation of the act to take civil action against a health care entity.
The amendment failed by voice vote in the Senate on February 17, 2021
Amendment offered by Sen. Mike Padden (Spokane Valley) (R) on February 17, 2021
Modifies the requirements for allowing health care providers to provide services related to complications of pregnancy. Allows the health care provider to provide the services when failure to provide the service would violate the accepted standard of care and the patient presents or is reasonably foreseeable to present a medical condition that poses a risk to the patient's life or body because the services were not provided.
The amendment failed by voice vote in the Senate on February 17, 2021
Amendment offered by Sen. Mike Padden (Spokane Valley) (R) on February 17, 2021
Removes the prohibition on health care entities from discharging, demoting, suspending, disciplining, or otherwise discriminating against a health care provider for providing pregnancy complication services. Allows a health care entity to discharge, demote, suspend, or discipline a health care provider for providing pregnancy complication services when peer review determines one or more of these actions is necessary.
The amendment failed by voice vote in the Senate on February 17, 2021
Amendment offered by Sen. Ann Rivers (Vancouver) (R) on February 17, 2021
Limits the private right of action to a patient who is aggrieved by a violation of the act. Removes the authorization for a health care provider or an individual who is aggrieved by a violation of the act to take civil action against the health care entity.
The amendment failed by voice vote in the Senate on February 17, 2021
Amendment offered by Sen. Ann Rivers (Vancouver) (R) on February 17, 2021
Limits the services that a health care entity is prohibited from restricting a health care provider from providing to health care services related to miscarriage management and treatment for ectopic pregnancies.
The amendment failed by voice vote in the Senate on February 17, 2021
Amendment offered by Sen. Keith Wagoner (Sedro-Woolley) (R) on February 17, 2021
Limits the private right of action to a patient or health care provider who is aggrieved by a violation of the act. Removes the authorization for an individual who is aggrieved by a violation of the act to take civil action against the health care entity.
The amendment failed by voice vote in the Senate on February 17, 2021
Amendment offered by Sen. Judy Warnick (Grant) (R) on February 17, 2021
Defines miscarriage as a pregnancy that occurs up to 20 weeks gestation and by spontaneous abortion. Defines spontaneous abortion as an abortion occurring due to natural causes.
The amendment failed by voice vote in the Senate on February 17, 2021
Received in the House on February 24, 2021
Referred to the House Health Care & Wellness Committee on February 24, 2021
Amendment offered in the House on March 17, 2021
Removes the provision that entitles the prevailing party to recover costs of litigation and reasonable attorneys' fees and instead permits the court to allow the prevailing party to recover costs of litigation and reasonable attorneys' fees.
Amendment offered by Rep. Michelle Caldier (Port Orchard) (R) on March 24, 2021
Removes the provisions that: oProhibit a health care entity from discharging, demoting, suspending, disciplining, or otherwise discriminating against a health care provider that provides services authorized under the act. oPermit an individual to bring a civil action against a health care entity. Requires a health care entity to refer a patient who presents with complications of pregnancy that do not meet the thresholds identified in the bill, if the health care entity does not provide care or treatment to the patient, to an appropriate health care entity that is able to provide the necessary care.
The amendment failed by voice vote in the House on March 24, 2021
Amendment offered by Rep. Michelle Caldier (Port Orchard) (R) on March 24, 2021
Requires health care providers providing services under the act to consider an unborn child that has reached a gestational age of 20 weeks or greater as a priority and provide the patient with treatment options that preserve the life of the unborn child to the extent possible.
The amendment failed by voice vote in the House on March 24, 2021
Amendment offered by Rep. Michelle Caldier (Port Orchard) (R) on March 24, 2021
Defines "complications of pregnancy" so that the definition is limited to health care services related to miscarriage management, treatment for ectopic pregnancies, and treatment for sepsis or infection related to a miscarriage or ectopic pregnancy. Modifies the situations in which a health care entity is barred from prohibiting a health care provider from providing health care services related to complications of pregnancy by replacing risk of irreversible complications or impairment to the patient's bodily functions or any bodily organ or part with risk of irreversible, severe disability.
The amendment failed by voice vote in the House on March 24, 2021
Received in the Senate on April 20, 2021
Senate concurred in House amendment(s).
Signed by Gov. Jay Inslee on May 10, 2021

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