H-4523.1 _______________________________________________
SUBSTITUTE HOUSE BILL 2571
_______________________________________________
State of Washington 52nd Legislature 1992 Regular Session
By House Committee on Health Care (originally sponsored by Representatives Prentice, Moyer, Sprenkle, Silver, Paris, Braddock, Miller, Leonard, Nealey, H. Myers, P. Johnson, Mitchell, McLean, Schmidt, Forner, Betrozoff, Brough, Tate, Brumsickle, May, Neher, Carlson, Bowman, Jones, Wineberry, Franklin, Kremen, Roland, R. King, Jacobsen, Rust, Spanel, Chandler, J. Kohl, Winsley, Brekke and Anderson)
Read first time 02/05/92.
AN ACT Relating to infant mortality reviews by local health departments; adding a new section to chapter 70.05 RCW; adding a new section to chapter 42.17 RCW; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 70.05 RCW to read as follows:
(1)(a) The legislature finds that the rate of infant mortality in Washington state is unacceptably high, and that such mortality may be preventable. The legislature further finds that, through the performance of infant mortality reviews, preventable causes of infant mortality can be identified and addressed, thereby reducing the rate of infant mortality in Washington state.
(b) It is the intent of the legislature to encourage the performance of infant death reviews by local health departments by providing necessary legal protections to the families of infants whose deaths are studied, local health department officials and employees, and health care professionals participating in infant mortality review committee activities.
(2) As used in this section, "infant mortality review" means a process authorized by a local health department defined in RCW 70.05.010 for examining factors that contribute to infant death through a systematic review of medical, clinical, and hospital records; home interviews of parents and caretakers of infants who have died; analysis of individual case information; and review of this information by a team of professionals in order to identify modifiable medical, socioeconomic, public health, behavioral, administrative, educational, and environmental factors associated with each death.
(3) Local health departments are authorized to conduct infant mortality reviews. In conducting such reviews, the following provisions shall apply:
(a) All medical records, reports, and statements procured by, furnished to, or maintained by a local health department pursuant to chapter 70.02 RCW for purposes of an infant mortality review are confidential insofar as the identity of an individual infant and his or her adoptive or natural parents is concerned. Such records may be used solely by local health departments for the purposes of the review. This section does not prevent a local health department from publishing statistical compilations and reports related to the infant mortality review, if such compilations and reports do not identify individual cases and sources of information.
(b) Any records or documents supplied or maintained for the purposes of an infant mortality review are not subject to discovery or subpoena in any administrative, civil, or criminal proceeding related to the death of an infant reviewed. This provision shall not restrict or limit the discovery or subpoena from a health care provider of records or documents maintained by such health care provider in the ordinary course of business, whether or not such records or documents may have been supplied to a local health department pursuant to this section.
(c) Any summaries or analyses of records, documents, or records of interviews prepared exclusively for purposes of an infant mortality review are not subject to discovery, subpoena, or introduction into evidence in any administrative, civil, or criminal proceeding related to the death of an infant reviewed.
(d) No local health department official or employee, and no members of technical committees established to perform case reviews of selected infant deaths may be examined in any administrative, civil, or criminal proceeding as to the existence or contents of documents assembled, prepared, or maintained for purposes of an infant mortality review.
NEW SECTION. Sec. 2. A new section is added to chapter 42.17 RCW to read as follows:
Notwithstanding the provisions of RCW 42.17.250 through 42.17.340, no local health department may be required under this chapter to make available for public inspection or copying any records or documents obtained, prepared, or maintained by the local health department for the purposes of an infant mortality review conducted by the department pursuant to section 1 of this act. This section shall not apply to published statistical compilations and reports relating to the infant mortality review studies that do not identify individual cases and sources of information.
NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.