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 as such department is 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.
(e)
This section shall not be construed to prohibit or restrict any person from
reporting suspected child abuse or neglect under chapter 26.44 RCW nor to limit
access to or use of any records, documents, information, or testimony in any
civil or criminal action arising out of any report made pursuant to chapter
26.44 RCW.
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.
