57th Legislature

                      2002 Regular Session


Passed by the Senate March 11, 2002

  YEAS 42   NAYS 0




President of the Senate


Passed by the House March 5, 2002

  YEAS 97   NAYS 0



I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  ENGROSSED SUBSTITUTE SENATE BILL 5207 as passed by the Senate and the House of Representatives on the dates hereon set forth.




Speaker of the

      House of Representatives









Approved Place Style On Codes above, and Style Off Codes below.  





Governor of the State of Washington

                   Secretary of State

                  State of Washington






                      AS AMENDED BY THE HOUSE


             Passed Legislature - 2002 Regular Session


State of Washington      57th Legislature     2001 Regular Session


By Senate Committee on Human Services & Corrections (originally sponsored by Senators Hargrove, Franklin and Kohl‑Welles)



Regulating DNA testing.   

    AN ACT Relating to individually identifiable DNA testing information; and amending RCW 70.02.010.




    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:)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

    (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

    (c) Requirements for licensing, accreditation, or certification.

    (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, including a patient's deoxyribonucleic acid and identified sequence of chemical base pairs.  The term includes any record of disclosures of health care information.

    (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.


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