H-2268.1  _______________________________________________

                    SUBSTITUTE HOUSE BILL 1260

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By House Committee on Law & Justice (originally sponsored by Representatives Skinner, Dyer, Cody, Backlund, Murray, Anderson, O'Brien, Mason and Quall)

Read first time 02/27/97.

Providing that communications between certified counselors and their clients are privileged.

    AN ACT Relating to privileged communications between certified counselors and clients; amending RCW 18.19.180; and adding a new section to chapter 18.19 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

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

    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 as confidential communications between a psychologist and client, but this exception is subject to the limitations under RCW 70.96A.140.

    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.

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