H-1473              _______________________________________________

                                                    HOUSE BILL NO. 674

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives McMullen, Wang and P. King

Read first time 2/8/85 and referred to Committee on Judiciary.

AN ACT Relating to health care providers' privileged communications; and amending RCW 5.60.060.

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

        Sec. 1.  Section 294, page 187, Laws of 1854 as last amended by section 1, chapter 56, Laws of 1982 and RCW 5.60.060 are each amended to read as follows:

          (1) A husband shall not be examined for or against his wife, without the consent of the wife, nor a wife for or against her husband without the consent of the husband; nor can either during marriage or afterward, be without the consent of the other, examined as to any communication made by one to the other during marriage.  But this exception shall not apply to a civil action or proceeding by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other, nor to a criminal action or proceeding against a spouse if the marriage occurred subsequent to the filing of formal charges against the defendant, nor to a criminal action or proceeding for a crime committed by said husband or wife against any child of whom said husband or wife is the parent or guardian, nor to a proceeding under chapter 71.05 RCW:  PROVIDED, That the spouse of a person sought to be detained under chapter 71.05 RCW may not be compelled to testify and shall be so informed by the court prior to being called as a witness.

          (2) An attorney or counselor shall not, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of professional employment.

          (3) A clergyman or priest shall not, without the consent of a person making the confession, be examined as to any confession made to him in his professional character, in the course of discipline enjoined by the church to which he belongs.

          (4) A regular physician ((or)), surgeon, hospital, or other health care provider as defined in RCW 7.70.020 shall not, without the written consent of his patient, disclose or be examined in a civil action as to any information acquired in attending such patient, which was necessary to enable him to prescribe or act for the patient, but this exception shall not apply in any judicial proceeding regarding a child's injuries, neglect or sexual abuse, or the cause thereof.  This privilege is not waived by commencement of any civil action except as specified in this subsection.

Further, this privilege is not waived by listing treating physicians or any other health care providers as witnesses or by providing copies of medical records.  Unless the patient otherwise consents in writing, information and opinions may be obtained from such physician, surgeon, hospital, or other health care provider only through formal discovery procedures as provided by the civil rules of the applicable court.

          (5) A public officer shall not be examined as a witness as to communications made to him in official confidence, when the public interest would suffer by the disclosure.