AN ACT Relating to individually identifiable DNA testing information; amending RCW 70.02.010 and 70.83.050; and adding a new chapter to Title 70 RCW.

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

Sec. 1. RCW 70.02.010 and 1993 c 448 s 1 are each amended to read as follows:

As used in this chapter, unless the context otherwise requires:

(1) "Audit" means an assessment, evaluation, determination, or investigation of a health care provider by a person not employed by or affiliated with the provider to determine compliance with:

(a) Statutory, regulatory, fiscal, medical, or scientific standards;

(b) A private or public program of payments to a health care provider; or

(2) "Directory information" means information disclosing the presence, and for the purpose of identification, the name, residence, sex, and the general health condition of a particular patient who is a patient in a health care facility or who is currently receiving emergency health care in a health care facility.

(3) "General health condition" means the patient's health status described in terms of "critical," "poor," "fair," "good," "excellent," or terms denoting similar conditions.

(4) "Health care" means any care, service, or procedure provided by a health care provider:

(a) To diagnose, treat, or maintain a patient's physical or mental condition; or

(b) That affects the structure or any function of the human body.

(5) "Health care facility" means a hospital, clinic, nursing home, laboratory, office, or similar place where a health care provider provides health care to patients.

(6) "Health care information" means any information, whether oral or recorded in any form or medium, that identifies or can readily be associated with the identity of a patient and directly relates to the patient's health care. The term includes any record of disclosures of health care information. The term includes genetic test information from a person's isolated DNA and a person's DNA when obtained at the request of a health care provider or health care facility.

(7) "Health care provider" means a person who is licensed, certified, registered, or otherwise authorized by the law of this state to provide health care in the ordinary course of business or practice of a profession.

(8) "Institutional review board" means any board, committee, or other group formally designated by an institution, or authorized under federal or state law, to review, approve the initiation of, or conduct periodic review of research programs to assure the protection of the rights and welfare of human research subjects.

(9) "Maintain," as related to health care information, means to hold, possess, preserve, retain, store, or control that information.

(10) "Patient" means an individual who receives or has received health care. The term includes a deceased individual who has received health care.

(11) "Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.

(12) "Reasonable fee" means the charges for duplicating or searching the record, but shall not exceed sixty-five cents per page for the first thirty pages and fifty cents per page for all other pages. In addition, a clerical fee for searching and handling may be charged not to exceed fifteen dollars. These amounts shall be adjusted biennially in accordance with changes in the consumer price index, all consumers, for Seattle-Tacoma metropolitan statistical area as determined by the secretary of health. However, where editing of records by a health care provider is required by statute and is done by the provider personally, the fee may be the usual and customary charge for a basic office visit.

(13) "Third-party payor" means an insurer regulated under Title 48 RCW authorized to transact business in this state or other jurisdiction, including a health care service contractor, and health maintenance organization; or an employee welfare benefit plan; or a state or federal health benefit program.

NEW SECTION. Sec. 2. The legislature finds that:

(1) The technology of deoxyribonucleic acid (DNA) identification is of great potential benefit to the citizens of this state in many fields, including human services and health care, scientific research, criminal justice, and corrections;

(2) Technology is changing and improving at an ever-increasing rate;

(3) DNA technology is particularly important in assisting law enforcement in identifying and apprehending repeat criminal offenders as well as exonerating those people convicted and incarcerated for a crime they did not commit;

(4) There are legitimate concerns for privacy rights in the creation, collection, maintenance, disclosure, identification, and use of DNA;

(5) Protections of citizens' civil rights and individual privileges necessitate policy development of protections preventing the unauthorized use of DNA and the use of DNA for discriminatory purposes; and

(6) There is a need to address the potential future uses of DNA that may benefit citizens of this state, for purposes of the health, safety, and welfare of its citizens.

NEW SECTION. Sec. 3. A DNA commission is established to consist of twenty-eight members selected as follows:

(1)(a) Two members of the senate, appointed by the president of the senate, one from each of the two largest caucuses; and

(b) Two members of the house of representatives, appointed by the co-speakers of the house of representatives, one from each of the two largest caucuses;

(2) The following members shall be appointed by the governor:

(a) Two members representing local public health;

(b) One member representing genetic counselors;

(d) One member representing epidemiological research;

(e) One member representing the Human Genome project;

(f) One member representing genetic ethics;

(g) One member representing institutional review boards;

(h) Two members representing geneticists, one clinical and one research;

(i) One member representing research institutions;

(j) One member representing civil rights advocates;

(k) Two members representing criminal justice and corrections;

(l) Two members representing privacy advocates;

(m) One member representing citizens who have undergone genetic testing;

(n) One member representing hospitals;

(o) One member representing pathologists or laboratory medicine;

(p) One member representing the biotechnology industry;

(q) One member representing the judiciary;

(r) One member representing the state crime laboratory;

(s) One member representing a rural health care provider; and

(t) One member representing a primary care physician.

The commission shall be appointed within forty-five days from the effective date of this act. Staffing shall be provided by the legislature. Members shall serve without remuneration, except costs may be provided according to the provisions of RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 4. The DNA commission shall:

(1) Develop a statewide strategy for evaluating and recommending public policies relating to the use of DNA;

(2) Conduct a survey and produce a resource guide for citizens relating to the use of DNA;

(3) Evaluate methods for protecting an individual's privacy interests in his or her DNA;

(4) Analyze the incidence of discriminatory actions statewide based upon genetic information;

(5) Develop recommendations relative to civil rights' protections as they relate to genetic information;

(6) Analyze available remedies to compensate individuals for the inappropriate use of their genetic information;

(7) Identify appropriate disincentives to improper use of DNA;

(8) Identify incentives for further research and development in the area of DNA that promotes public health, safety, and welfare; and

(9) An initial report of its findings and recommendations shall be provided to the appropriate committees of the legislature by July 1, 2003.

NEW SECTION. Sec. 5. The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2008:

(1) Section 2 of this act;

(2) Section 3 of this act; and

(3) Section 4 of this act.

Sec. 6. RCW 70.83.050 and 1967 c 82 s 5 are each amended to read as follows:

The state board of health shall adopt rules and regulations necessary to carry out the intent of this chapter. Rules adopted by the state board of health must protect an individual's confidentiality of his or her genetic information obtained under this chapter.

NEW SECTION. Sec. 7. Sections 2 through 5 of this act constitute a new chapter in Title 70 RCW.