1260-S AMS HSC S5111.3

SHB 1260 - S COMM AMD

By Committee on Human Services & Corrections

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  A new section is added to chapter 18.19 RCW to read as follows:

    Written and oral confidential communications between a client and an individual certified under this chapter are privileged against compulsory disclosure to the same extent and subject to the same conditions and exceptions as confidential communications between a psychologist and client.  No privilege may be asserted against a parent or guardian seeking to obtain oral or written confidential communications between an individual certified under this chapter and a client who is a minor.  A minor is any person under the age of eighteen.  If a minor is old enough to consent to counseling, and parental consent is not required, a parent or guardian can seek a court order compelling disclosure of confidential communications.  Upon motion or petition by a parent or guardian of a minor who is able to consent to counseling, a court may compel the minor's counselor certified under this chapter to disclose written or oral confidential communications with the minor, unless the minor is in counseling for alleged physical or sexual abuse by the parent or guardian requesting the court to compel the disclosure.

    Sec. 2.  RCW 18.19.180 and 1991 c 3 s 33 are each amended to read as follows:

    An individual registered ((or certified)) under this chapter shall not disclose the written acknowledgment of the disclosure statement pursuant to RCW 18.19.060 nor any information acquired from persons consulting the individual in a professional capacity when that information was necessary to enable the individual to render professional services to those persons except:

    (1) With the written consent of that person or, in the case of death or disability, the person's personal representative, other person authorized to sue, or the beneficiary of an insurance policy on the person's life, health, or physical condition;

    (2) That ((a person)) an individual registered ((or certified)) under this chapter is not required to treat as confidential a communication that reveals the contemplation or commission of a crime or harmful act;

    (3) If the person is a minor, and the information acquired by the ((person)) individual registered ((or certified)) under this chapter indicates that the minor was the victim or subject of a crime, the ((person)) individual registered ((or certified)) may testify fully upon any examination, trial, or other proceeding in which the commission of the crime is the subject of the inquiry;

    (4) If the person waives the privilege by bringing charges against the ((person)) individual registered ((or certified)) under this chapter;

    (5) In response to a subpoena from a court of law or the secretary.  The secretary may subpoena only records related to a complaint or report under chapter 18.130 RCW; or

    (6) As required under chapter 26.44 RCW."

SHB 1260 - S COMM AMD

By Committee on Human Services & Corrections

    On page 1, line 2 of the title, after "clients;" strike the remainder of the title and insert "amending RCW 18.19.180; and adding a new section to chapter 18.19 RCW."

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