AN ACT Relating to
disclosure of HIV test results to victims of sex offenses; and amending RCW
70.24.105.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 70.24.105 and 1989 c
123 s 1 are each amended to read as follows:
(1) No person may
disclose or be compelled to disclose the identity of any person who has
investigated, considered, or requested a test or treatment for a sexually
transmitted disease, except as authorized by this chapter.
(2) No person may
disclose or be compelled to disclose the identity of any person upon whom an
HIV antibody test is performed, or the results of such a test, nor may the
result of a test for any other sexually transmitted disease when it is positive
be disclosed. This protection against disclosure of test subject, diagnosis,
or treatment also applies to any information relating to diagnosis of or
treatment for HIV infection and for any other confirmed sexually transmitted
disease. The following persons, however, may receive such information:
(a) The subject of the
test or the subject's legal representative for health care decisions in
accordance with RCW 7.70.065, with the exception of such a representative of a
minor child over fourteen years of age and otherwise competent;
(b) Any person who
secures a specific release of test results or information relating to HIV or
confirmed diagnosis of or treatment for any other sexually transmitted disease
executed by the subject or the subject's legal representative for health care
decisions in accordance with RCW 7.70.065, with the exception of such a
representative of a minor child over fourteen years of age and otherwise
competent;
(c) The state public
health officer, a local public health officer, or the centers for disease
control of the United States public health service in accordance with reporting
requirements for a diagnosed case of a sexually transmitted disease;
(d) A health facility
or health care provider that procures, processes, distributes, or uses: (i) A
human body part, tissue, or blood from a deceased person with respect to
medical information regarding that person; (ii) semen, including that provided
prior to March 23, 1988, for the purpose of artificial insemination; or (iii)
blood specimens;
(e) Any state or local
public health officer conducting an investigation pursuant to RCW 70.24.024,
provided that such record was obtained by means of court ordered HIV testing pursuant
to RCW 70.24.340 or 70.24.024;
(f) A person allowed
access to the record by a court order granted after application showing good
cause therefor. In assessing good cause, the court shall weigh the public
interest and the need for disclosure against the injury to the patient, to the
physician-patient relationship, and to the treatment services. Upon the
granting of the order, the court, in determining the extent to which any
disclosure of all or any part of the record of any such test is necessary, shall
impose appropriate safeguards against unauthorized disclosure. An order
authorizing disclosure shall: (i) Limit disclosure to those parts of the
patient's record deemed essential to fulfill the objective for which the order
was granted; (ii) limit disclosure to those persons whose need for information
is the basis for the order; and (iii) include any other appropriate measures to
keep disclosure to a minimum for the protection of the patient, the
physician-patient relationship, and the treatment services, including but not
limited to the written statement set forth in subsection (5) of this section;
(g) Persons who,
because of their behavioral interaction with the infected individual, have been
placed at risk for acquisition of a sexually transmitted disease, as provided
in RCW 70.24.022, if the health officer or authorized representative believes
that the exposed person was unaware that a risk of disease exposure existed and
that the disclosure of the identity of the infected person is necessary;
(h) A law enforcement
officer, fire fighter, health care provider, health care facility staff person,
or other persons as defined by the board in rule pursuant to RCW 70.24.340(4),
who has requested a test of a person whose bodily fluids he or she has been substantially
exposed to, pursuant to RCW 70.24.340(4), if a state or local public health
officer performs the test;
(i) Claims management
personnel employed by or associated with an insurer, health care service
contractor, health maintenance organization, self-funded health plan,
state-administered health care claims payer, or any other payer of health care
claims where such disclosure is to be used solely for the prompt and accurate
evaluation and payment of medical or related claims. Information released
under this subsection shall be confidential and shall not be released or
available to persons who are not involved in handling or determining medical
claims payment; and
(j) A department of
social and health services worker, a child placing agency worker, or a guardian
ad litem who is responsible for making or reviewing placement or case-planning
decisions or recommendations to the court regarding a child, who is less than
fourteen years of age, has a sexually transmitted disease, and is in the custody
of the department of social and health services or a licensed child placing
agency; this information may also be received by a person responsible for
providing residential care for such a child when the department of social and
health services or a licensed child placing agency determines that it is
necessary for the provision of child care services.
(3) No person to whom
the results of a test for a sexually transmitted disease have been disclosed
pursuant to subsection (2) of this section may disclose the test results to
another person except as authorized by that subsection.
(4) The release of
sexually transmitted disease information regarding an offender, except as
provided in subsection (2)(e) of this section, shall be governed as follows:
(a) The sexually
transmitted disease status of a department of corrections offender shall be
made available by department of corrections health care providers to a
department of corrections superintendent or administrator as necessary for
disease prevention or control and for protection of the safety and security of
the staff, offenders, and the public. The information may be submitted to
transporting officers and receiving facilities, including facilities that are
not under the department of correction's jurisdiction.
(b) The sexually
transmitted disease status of a person detained in a jail shall be made
available by the local public health officer to a jail administrator as
necessary for disease prevention or control and for protection of the safety
and security of the staff, offenders, and the public. The information may be
submitted to transporting officers and receiving facilities.
(c) Information
regarding a department of corrections offender's sexually transmitted disease
status is confidential and may be disclosed by a correctional superintendent or
administrator or local jail administrator only as necessary for disease
prevention or control and for protection of the safety and security of the
staff, offenders, and the public. Unauthorized disclosure of this information
to any person may result in disciplinary action, in addition to any other
penalties as may be prescribed by law.
(5) Whenever disclosure
is made pursuant to this section, except for subsections (2)(a) and (6) of this
section, it shall be accompanied by a statement in writing which includes the
following or substantially similar language: "This information has been
disclosed to you from records whose confidentiality is protected by state law.
State law prohibits you from making any further disclosure of it without the
specific written consent of the person to whom it pertains, or as otherwise
permitted by state law. A general authorization for the release of medical or
other information is NOT sufficient for this purpose." An oral disclosure
shall be accompanied or followed by such a notice within ten days.
(6) The requirements of
this section shall not apply to the customary methods utilized for the exchange
of medical information among health care providers in order to provide health
care services to the patient, nor shall they apply within health care
facilities where there is a need for access to confidential medical information
to fulfill professional duties.
(7)
Upon request of the victim, disclosure of test results under this section to
victims of sexual offenses under chapter 9A.44 RCW shall be made if the result
is negative or positive. The county prosecuting attorney shall notify the
victim of the right to such disclosure. Such disclosure shall be accompanied
by appropriate counseling, including information regarding follow-up testing.
