BILL REQ. #:  S-4528.1 

READ FIRST TIME 02/06/04.   

     AN ACT Relating to reporting of certain criminal charges against physicians; amending RCW 10.97.040; and adding a new section to chapter 10.97 RCW.

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

Sec. 1   RCW 10.97.040 and 1979 ex.s. c 36 s 2 are each amended to read as follows:
     No criminal justice agency shall disseminate criminal history record information pertaining to an arrest, detention, indictment, information, or other formal criminal charge made after December 31, 1977, unless the record disseminated states the disposition of such charge to the extent dispositions have been made at the time of the request for the information: PROVIDED, HOWEVER, That if a disposition occurring within ten days immediately preceding the dissemination has not been reported to the agency disseminating the criminal history record information, or if information has been received by the agency within the seventy-two hours immediately preceding the dissemination, that information shall not be required to be included in the dissemination: PROVIDED, HOWEVER, That if in the course of an investigation it becomes apparent that the suspect is a physician licensed by this state, the criminal justice agency conducting the investigation shall provide the department of health with criminal history record information of the physician pertaining to an arrest, detention, indictment, information, or other formal criminal charge related to a violation of chapter 9A.32, 9A.44, 9A.60, or 69.50 RCW: PROVIDED FURTHER, That when another criminal justice agency requests criminal history record information, the disseminating agency may disseminate specific facts and incidents which are within its direct knowledge without furnishing disposition data as otherwise required by this section, unless the disseminating agency has received such disposition data from either: (1) the state patrol, or (2) the court or other criminal justice agency required to furnish disposition data pursuant to RCW 10.97.045.
     No criminal justice agency shall disseminate criminal history record information which shall include information concerning a felony or gross misdemeanor without first making inquiry of the identification section of the Washington state patrol for the purpose of obtaining the most current and complete information available, unless one or more of the following circumstances exists:
     (1) The information to be disseminated is needed for a purpose in the administration of criminal justice for which time is of the essence and the identification section is technically or physically incapable of responding within the required time;
     (2) The full information requested and to be disseminated relates to specific facts or incidents which are within the direct knowledge of the agency which disseminates the information;
     (3) The full information requested and to be disseminated is contained in a criminal history record information summary received from the identification section by the agency which is to make the dissemination not more than thirty days preceding the dissemination to be made;
     (4) The statute, executive order, court rule, or court order pursuant to which the information is to be disseminated refers solely to information in the files of the agency which makes the dissemination;
     (5) The information requested and to be disseminated is for the express purpose of research, evaluative, or statistical activities to be based upon information maintained in the files of the agency or agencies from which the information is directly sought; or
     (6) A person who is the subject of the record requests the information and the agency complies with the requirements in RCW 10.97.080 as now or hereafter amended.

NEW SECTION.  Sec. 2   A new section is added to chapter 10.97 RCW to read as follows:
     Notwithstanding RCW 10.97.040, criminal justice agencies shall, within thirty days of the action, provide criminal history record information of physicians pertaining to an arrest, detention, indictment, information, or other formal criminal charge, to the department of health related to violations of chapters 9A.32, 9A.44, 9A.60, and 69.50 RCW.