SENATE BILL REPORT

SB 5886

BYSenator West

Modifying confidentiality standards for information regarding sexually transmitted diseases.

Senate Committee on Health Care & Corrections

Senate Hearing Date(s):February 27,1989; February 28, 1989

Majority Report:  That Substitute Senate Bill No. 5886 be substituted therefor, and the substitute bill do pass.

      Signed by Senators West, Chairman; Smith, Vice Chairman; Johnson, Kreidler, Niemi, Wojahn.

Senate Staff:Don Sloma (786-7414)

                  March 6, 1989

AS REPORTED BY COMMITTEE ON HEALTH CARE & CORRECTIONS, FEBRUARY 28, 1989

BACKGROUND:

Current law contains prohibitions against the transfer of any information regarding requests for, the receipt of or the results of any test for a sexually transmitted disease (STD), with limited exceptions.  Some health care professionals are concerned that such "confidentiality statutes" are so encompassing that the normal and necessary exchange of medical information may be jeopardized.  Child care workers are similarly concerned.

SUMMARY:

Information identifying a person who:  (a) has received an STD test, (b) has an STD diagnosis, or (c) is receiving treatment for an STD may be disclosed unless the tests are for HIV or the test results are positive, with certain exceptions.

The Department of Social and Health Services (DSHS) workers and other child care providers working with DSHS are exempt from prohibitions against disclosure of protected STD information.

Prohibitions against disclosure of protected STD information do not apply to the customary methods used for the exchange of medical information among health care providers in order to provide health care services to the patient, nor within health care facilities where there is a need for access to confidential medical information to fulfill professional duties.

No written statement must be given when disclosure of protected STD information is made to (a) a subject's legal representative, (b) health care providers or (c) within health care settings as needed to fulfill professional duties.

EFFECT OF PROPOSED SUBSTITUTE:

Persons making recommendations regarding a child less than 14 years of age who has an STD as qualified under the act are exempt from confidentiality provisions only to the extent recommendations are made to the court.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Susie Tracy, WSMA (pro); Jackie McFayden, WSHC (pro); Ian MacGowan, Northwest AIDS Foundation (pro); Bobbie Bridge, Privacy Lobby (pro); Yotta Riediger, citizen; Linda Christopher, Washington State Dental Association (pro); John Batjer, M.D., Seattle Laboratory of Pathology (pro); Patty Joynes, WSNA (pro); Bill Stoner, Department of Labor and Industries (pro); Steve Glancy, Mayor's Lesbian/Gay Task Force (con); Mike Leigh, citizen (con); Jerry Sheehan, American Civil Liberties Union (con); Gary Goldbaum, Washington State Association of Public Health Officials (pro); Mimi Fields, HIV/AIDS Office (pro); Lee Ann Miller, Department of Social and Health Services (pro)