INITIATIVE 1000
To the People
Chapter 1, Laws of 2009
DEATH WITH DIGNITY ACT
EFFECTIVE DATE: 03/05/09
Approved by the
People of the State of Washington
in the General Election on
November 4, 2008
ORIGINALLY FILED
January 24, 2008
Secretary of State
1AN ACT Relating to death with dignity; amending RCW 70.122.100;
2reenacting and amending RCW 42.56.360 and 42.56.360; adding a new
3chapter to Title 70 RCW; prescribing penalties; providing an effective
4date; and providing an expiration date.
5BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON:
6THE WASHINGTON DEATH WITH DIGNITY ACT
7General Provisions
8NEW SECTION. Sec. 1. DEFINITIONS. The definitions in this
9section apply throughout this chapter unless the context clearly
10requires otherwise.
11(1) "Adult" means an individual who is eighteen years of age or
12older.
13(2) "Attending physician" means the physician who has primary
14responsibility for the care of the patient and treatment of the
15patient's terminal disease.
16(3) "Competent" means that, in the opinion of a court or in the
17opinion of the patient's attending physician or consulting physician,
1psychiatrist, or psychologist, a patient has the ability to make and
2communicate an informed decision to health care providers, including
3communication through persons familiar with the patient's manner of
4communicating if those persons are available.
5(4) "Consulting physician" means a physician who is qualified by
6specialty or experience to make a professional diagnosis and prognosis
7regarding the patient's disease.
8(5) "Counseling" means one or more consultations as necessary
9between a state licensed psychiatrist or psychologist and a patient for
10the purpose of determining that the patient is competent and not
11suffering from a psychiatric or psychological disorder or depression
12causing impaired judgment.
13(6) "Health care provider" means a person licensed, certified, or
14otherwise authorized or permitted by law to administer health care or
15dispense medication in the ordinary course of business or practice of
16a profession, and includes a health care facility.
17(7) "Informed decision" means a decision by a qualified patient, to
18request and obtain a prescription for medication that the qualified
19patient may self-administer to end his or her life in a humane and
20dignified manner, that is based on an appreciation of the relevant
21facts and after being fully informed by the attending physician of:
22(a) His or her medical diagnosis;
23(b) His or her prognosis;
24(c) The potential risks associated with taking the medication to be
25prescribed;
26(d) The probable result of taking the medication to be prescribed;
27and
28(e) The feasible alternatives including, but not limited to,
29comfort care, hospice care, and pain control.
30(8) "Medically confirmed" means the medical opinion of the
31attending physician has been confirmed by a consulting physician who
32has examined the patient and the patient's relevant medical records.
33(9) "Patient" means a person who is under the care of a physician.
34(10) "Physician" means a doctor of medicine or osteopathy licensed
35to practice medicine in the state of Washington.
36(11) "Qualified patient" means a competent adult who is a resident
37of Washington state and has satisfied the requirements of this chapter
1in order to obtain a prescription for medication that the qualified
2patient may self-administer to end his or her life in a humane and
3dignified manner.
4(12) "Self-administer" means a qualified patient's act of ingesting
5medication to end his or her life in a humane and dignified manner.
6(13) "Terminal disease" means an incurable and irreversible disease
7that has been medically confirmed and will, within reasonable medical
8judgment, produce death within six months.
9Written Request for Medication to End Life
10in a Humane and Dignified Manner
11NEW SECTION. Sec. 2. WHO MAY INITIATE A WRITTEN REQUEST FOR
12MEDICATION. (1) An adult who is competent, is a resident of Washington
13state, and has been determined by the attending physician and
14consulting physician to be suffering from a terminal disease, and who
15has voluntarily expressed his or her wish to die, may make a written
16request for medication that the patient may self-administer to end his
17or her life in a humane and dignified manner in accordance with this
18chapter.
19(2) A person does not qualify under this chapter solely because of
20age or disability.
21NEW SECTION. Sec. 3. FORM OF THE WRITTEN REQUEST. (1) A valid
22request for medication under this chapter shall be in substantially the
23form described in section 22 of this act, signed and dated by the
24patient and witnessed by at least two individuals who, in the presence
25of the patient, attest that to the best of their knowledge and belief
26the patient is competent, acting voluntarily, and is not being coerced
27to sign the request.
28(2) One of the witnesses shall be a person who is not:
29(a) A relative of the patient by blood, marriage, or adoption;
30(b) A person who at the time the request is signed would be
31entitled to any portion of the estate of the qualified patient upon
32death under any will or by operation of law; or
33(c) An owner, operator, or employee of a health care facility where
34the qualified patient is receiving medical treatment or is a resident.
1(3) The patient's attending physician at the time the request is
2signed shall not be a witness.
3(4) If the patient is a patient in a long-term care facility at the
4time the written request is made, one of the witnesses shall be an
5individual designated by the facility and having the qualifications
6specified by the department of health by rule.
7Safeguards
8NEW SECTION. Sec. 4. ATTENDING PHYSICIAN RESPONSIBILITIES. (1)
9The attending physician shall:
10(a) Make the initial determination of whether a patient has a
11terminal disease, is competent, and has made the request voluntarily;
12(b) Request that the patient demonstrate Washington state residency
13under section 13 of this act;
14(c) To ensure that the patient is making an informed decision,
15inform the patient of:
16(i) His or her medical diagnosis;
17(ii) His or her prognosis;
18(iii) The potential risks associated with taking the medication to
19be prescribed;
20(iv) The probable result of taking the medication to be prescribed;
21and
22(v) The feasible alternatives including, but not limited to,
23comfort care, hospice care, and pain control;
24(d) Refer the patient to a consulting physician for medical
25confirmation of the diagnosis, and for a determination that the patient
26is competent and acting voluntarily;
27(e) Refer the patient for counseling if appropriate under section
286 of this act;
29(f) Recommend that the patient notify next of kin;
30(g) Counsel the patient about the importance of having another
31person present when the patient takes the medication prescribed under
32this chapter and of not taking the medication in a public place;
33(h) Inform the patient that he or she has an opportunity to rescind
34the request at any time and in any manner, and offer the patient an
35opportunity to rescind at the end of the fifteen-day waiting period
36under section 9 of this act;
1(i) Verify, immediately before writing the prescription for
2medication under this chapter, that the patient is making an informed
3decision;
4(j) Fulfill the medical record documentation requirements of
5section 12 of this act;
6(k) Ensure that all appropriate steps are carried out in accordance
7with this chapter before writing a prescription for medication to
8enable a qualified patient to end his or her life in a humane and
9dignified manner; and
10(l)(i) Dispense medications directly, including ancillary
11medications intended to facilitate the desired effect to minimize the
12patient's discomfort, if the attending physician is authorized under
13statute and rule to dispense and has a current drug enforcement
14administration certificate; or
15(ii) With the patient's written consent:
16(A) Contact a pharmacist and inform the pharmacist of the
17prescription; and
18(B) Deliver the written prescription personally, by mail or
19facsimile to the pharmacist, who will dispense the medications directly
20to either the patient, the attending physician, or an expressly
21identified agent of the patient. Medications dispensed pursuant to
22this subsection shall not be dispensed by mail or other form of
23courier.
24(2) The attending physician may sign the patient's death
25certificate which shall list the underlying terminal disease as the
26cause of death.
27NEW SECTION. Sec. 5. CONSULTING PHYSICIAN CONFIRMATION. Before
28a patient is qualified under this chapter, a consulting physician shall
29examine the patient and his or her relevant medical records and
30confirm, in writing, the attending physician's diagnosis that the
31patient is suffering from a terminal disease, and verify that the
32patient is competent, is acting voluntarily, and has made an informed
33decision.
34NEW SECTION. Sec. 6. COUNSELING REFERRAL. If, in the opinion of
35the attending physician or the consulting physician, a patient may be
36suffering from a psychiatric or psychological disorder or depression
1causing impaired judgment, either physician shall refer the patient for
2counseling. Medication to end a patient's life in a humane and
3dignified manner shall not be prescribed until the person performing
4the counseling determines that the patient is not suffering from a
5psychiatric or psychological disorder or depression causing impaired
6judgment.
7NEW SECTION. Sec. 7. INFORMED DECISION. A person shall not
8receive a prescription for medication to end his or her life in a
9humane and dignified manner unless he or she has made an informed
10decision. Immediately before writing a prescription for medication
11under this chapter, the attending physician shall verify that the
12qualified patient is making an informed decision.
13NEW SECTION. Sec. 8. FAMILY NOTIFICATION. The attending
14physician shall recommend that the patient notify the next of kin of
15his or her request for medication under this chapter. A patient who
16declines or is unable to notify next of kin shall not have his or her
17request denied for that reason.
18NEW SECTION. Sec. 9. WRITTEN AND ORAL REQUESTS. To receive a
19prescription for medication that the qualified patient may self-
20administer to end his or her life in a humane and dignified manner, a
21qualified patient shall have made an oral request and a written
22request, and reiterate the oral request to his or her attending
23physician at least fifteen days after making the initial oral request.
24At the time the qualified patient makes his or her second oral request,
25the attending physician shall offer the qualified patient an
26opportunity to rescind the request.
27NEW SECTION. Sec. 10. RIGHT TO RESCIND REQUEST. A patient may
28rescind his or her request at any time and in any manner without regard
29to his or her mental state. No prescription for medication under this
30chapter may be written without the attending physician offering the
31qualified patient an opportunity to rescind the request.
32NEW SECTION. Sec. 11. WAITING PERIODS. (1) At least fifteen days
1shall elapse between the patient's initial oral request and the writing
2of a prescription under this chapter.
3(2) At least forty-eight hours shall elapse between the date the
4patient signs the written request and the writing of a prescription
5under this chapter.
6NEW SECTION. Sec. 12. MEDICAL RECORD DOCUMENTATION REQUIREMENTS.
7The following shall be documented or filed in the patient's medical
8record:
9(1) All oral requests by a patient for medication to end his or her
10life in a humane and dignified manner;
11(2) All written requests by a patient for medication to end his or
12her life in a humane and dignified manner;
13(3) The attending physician's diagnosis and prognosis, and
14determination that the patient is competent, is acting voluntarily, and
15has made an informed decision;
16(4) The consulting physician's diagnosis and prognosis, and
17verification that the patient is competent, is acting voluntarily, and
18has made an informed decision;
19(5) A report of the outcome and determinations made during
20counseling, if performed;
21(6) The attending physician's offer to the patient to rescind his
22or her request at the time of the patient's second oral request under
23section 9 of this act; and
24(7) A note by the attending physician indicating that all
25requirements under this chapter have been met and indicating the steps
26taken to carry out the request, including a notation of the medication
27prescribed.
28NEW SECTION. Sec. 13. RESIDENCY REQUIREMENT. Only requests made
29by Washington state residents under this chapter may be granted.
30Factors demonstrating Washington state residency include but are not
31limited to:
32(1) Possession of a Washington state driver's license;
33(2) Registration to vote in Washington state; or
34(3) Evidence that the person owns or leases property in Washington
35state.
1NEW SECTION. Sec. 14. DISPOSAL OF UNUSED MEDICATIONS. Any
2medication dispensed under this chapter that was not self-administered
3shall be disposed of by lawful means.
4NEW SECTION. Sec. 15. REPORTING REQUIREMENTS. (1)(a) The
5department of health shall annually review all records maintained under
6this chapter.
7(b) The department of health shall require any health care provider
8upon writing a prescription or dispensing medication under this chapter
9to file a copy of the dispensing record and such other administratively
10required documentation with the department. All administratively
11required documentation shall be mailed or otherwise transmitted as
12allowed by department of health rule to the department no later than
13thirty calendar days after the writing of a prescription and dispensing
14of medication under this chapter, except that all documents required to
15be filed with the department by the prescribing physician after the
16death of the patient shall be mailed no later than thirty calendar days
17after the date of death of the patient. In the event that anyone
18required under this chapter to report information to the department of
19health provides an inadequate or incomplete report, the department
20shall contact the person to request a complete report.
21(2) The department of health shall adopt rules to facilitate the
22collection of information regarding compliance with this chapter.
23Except as otherwise required by law, the information collected is not
24a public record and may not be made available for inspection by the
25public.
26(3) The department of health shall generate and make available to
27the public an annual statistical report of information collected under
28subsection (2) of this section.
29NEW SECTION. Sec. 16. EFFECT ON CONSTRUCTION OF WILLS, CONTRACTS,
30AND STATUTES. (1) Any provision in a contract, will, or other
31agreement, whether written or oral, to the extent the provision would
32affect whether a person may make or rescind a request for medication to
33end his or her life in a humane and dignified manner, is not valid.
34(2) Any obligation owing under any currently existing contract
35shall not be conditioned or affected by the making or rescinding of a
1request, by a person, for medication to end his or her life in a humane
2and dignified manner.
3NEW SECTION. Sec. 17. INSURANCE OR ANNUITY POLICIES. The sale,
4procurement, or issuance of any life, health, or accident insurance or
5annuity policy or the rate charged for any policy shall not be
6conditioned upon or affected by the making or rescinding of a request,
7by a person, for medication that the patient may self-administer to end
8his or her life in a humane and dignified manner. A qualified
9patient's act of ingesting medication to end his or her life in a
10humane and dignified manner shall not have an effect upon a life,
11health, or accident insurance or annuity policy.
12NEW SECTION. Sec. 18. CONSTRUCTION OF ACT. (1) Nothing in this
13chapter authorizes a physician or any other person to end a patient's
14life by lethal injection, mercy killing, or active euthanasia. Actions
15taken in accordance with this chapter do not, for any purpose,
16constitute suicide, assisted suicide, mercy killing, or homicide, under
17the law. State reports shall not refer to practice under this chapter
18as "suicide" or "assisted suicide." Consistent with sections 1 (7),
19(11), and (12), 2(1), 4(1)(k), 6, 7, 9, 12 (1) and (2), 16 (1) and (2),
2017, 19(1) (a) and (d), and 20(2) of this act, state reports shall refer
21to practice under this chapter as obtaining and self-administering
22life-ending medication.
23(2) Nothing contained in this chapter shall be interpreted to lower
24the applicable standard of care for the attending physician, consulting
25physician, psychiatrist or psychologist, or other health care provider
26participating under this chapter.
27Immunities and Liabilities
28NEW SECTION. Sec. 19. IMMUNITIES--BASIS FOR PROHIBITING HEALTH
29CARE PROVIDER FROM PARTICIPATION--NOTIFICATION--PERMISSIBLE SANCTIONS.
30(1) Except as provided in section 20 of this act and subsection (2) of
31this section:
32(a) A person shall not be subject to civil or criminal liability or
33professional disciplinary action for participating in good faith
1compliance with this chapter. This includes being present when a
2qualified patient takes the prescribed medication to end his or her
3life in a humane and dignified manner;
4(b) A professional organization or association, or health care
5provider, may not subject a person to censure, discipline, suspension,
6loss of license, loss of privileges, loss of membership, or other
7penalty for participating or refusing to participate in good faith
8compliance with this chapter;
9(c) A patient's request for or provision by an attending physician
10of medication in good faith compliance with this chapter does not
11constitute neglect for any purpose of law or provide the sole basis for
12the appointment of a guardian or conservator; and
13(d) Only willing health care providers shall participate in the
14provision to a qualified patient of medication to end his or her life
15in a humane and dignified manner. If a health care provider is unable
16or unwilling to carry out a patient's request under this chapter, and
17the patient transfers his or her care to a new health care provider,
18the prior health care provider shall transfer, upon request, a copy of
19the patient's relevant medical records to the new health care provider.
20(2)(a) A health care provider may prohibit another health care
21provider from participating under this act on the premises of the
22prohibiting provider if the prohibiting provider has given notice to
23all health care providers with privileges to practice on the premises
24and to the general public of the prohibiting provider's policy
25regarding participating under this act. This subsection does not
26prevent a health care provider from providing health care services to
27a patient that do not constitute participation under this act.
28(b) A health care provider may subject another health care provider
29to the sanctions stated in this subsection if the sanctioning health
30care provider has notified the sanctioned provider before participation
31in this act that it prohibits participation in this act:
32(i) Loss of privileges, loss of membership, or other sanctions
33provided under the medical staff bylaws, policies, and procedures of
34the sanctioning health care provider if the sanctioned provider is a
35member of the sanctioning provider's medical staff and participates in
36this act while on the health care facility premises of the sanctioning
37health care provider, but not including the private medical office of
38a physician or other provider;
1(ii) Termination of a lease or other property contract or other
2nonmonetary remedies provided by a lease contract, not including loss
3or restriction of medical staff privileges or exclusion from a provider
4panel, if the sanctioned provider participates in this act while on the
5premises of the sanctioning health care provider or on property that is
6owned by or under the direct control of the sanctioning health care
7provider; or
8(iii) Termination of a contract or other nonmonetary remedies
9provided by contract if the sanctioned provider participates in this
10act while acting in the course and scope of the sanctioned provider's
11capacity as an employee or independent contractor of the sanctioning
12health care provider. Nothing in this subsection (2)(b)(iii) prevents:
13(A) A health care provider from participating in this act while
14acting outside the course and scope of the provider's capacity as an
15employee or independent contractor; or
16(B) A patient from contracting with his or her attending physician
17and consulting physician to act outside the course and scope of the
18provider's capacity as an employee or independent contractor of the
19sanctioning health care provider.
20(c) A health care provider that imposes sanctions under (b) of this
21subsection shall follow all due process and other procedures the
22sanctioning health care provider may have that are related to the
23imposition of sanctions on another health care provider.
24(d) For the purposes of this subsection:
25(i) "Notify" means a separate statement in writing to the health
26care provider specifically informing the health care provider before
27the provider's participation in this act of the sanctioning health care
28provider's policy about participation in activities covered by this
29chapter.
30(ii) "Participate in this act" means to perform the duties of an
31attending physician under section 4 of this act, the consulting
32physician function under section 5 of this act, or the counseling
33function under section 6 of this act. "Participate in this act" does
34not include:
35(A) Making an initial determination that a patient has a terminal
36disease and informing the patient of the medical prognosis;
37(B) Providing information about the Washington death with dignity
38act to a patient upon the request of the patient;
1(C) Providing a patient, upon the request of the patient, with a
2referral to another physician; or
3(D) A patient contracting with his or her attending physician and
4consulting physician to act outside of the course and scope of the
5provider's capacity as an employee or independent contractor of the
6sanctioning health care provider.
7(3) Suspension or termination of staff membership or privileges
8under subsection (2) of this section is not reportable under RCW
918.130.070. Action taken under section 3, 4, 5, or 6 of this act may
10not be the sole basis for a report of unprofessional conduct under RCW
1118.130.180.
12(4) References to "good faith" in subsection (1)(a), (b), and (c)
13of this section do not allow a lower standard of care for health care
14providers in the state of Washington.
15NEW SECTION. Sec. 20. LIABILITIES. (1) A person who without
16authorization of the patient willfully alters or forges a request for
17medication or conceals or destroys a rescission of that request with
18the intent or effect of causing the patient's death is guilty of a
19class A felony.
20(2) A person who coerces or exerts undue influence on a patient to
21request medication to end the patient's life, or to destroy a
22rescission of a request, is guilty of a class A felony.
23(3) This chapter does not limit further liability for civil damages
24resulting from other negligent conduct or intentional misconduct by any
25person.
26(4) The penalties in this chapter do not preclude criminal
27penalties applicable under other law for conduct that is inconsistent
28with this chapter.
29NEW SECTION. Sec. 21. CLAIMS BY GOVERNMENTAL ENTITY FOR COSTS
30INCURRED. Any governmental entity that incurs costs resulting from a
31person terminating his or her life under this chapter in a public place
32has a claim against the estate of the person to recover such costs and
33reasonable attorneys' fees related to enforcing the claim.
34Additional Provisions
1NEW SECTION. Sec. 22. FORM OF THE REQUEST. A request for a
2medication as authorized by this chapter shall be in substantially the
3following form:
4REQUEST FOR MEDICATION TO END MY LIFE IN A HUMAN AND DIGNIFIED MANNER
5I, . . . . . . . . . . . . . . ., am an adult of sound mind.
6I am suffering from . . . . . . . . . . . . . . ., which my
7attending physician has determined is a terminal disease and which has
8been medically confirmed by a consulting physician.
9I have been fully informed of my diagnosis, prognosis, the nature
10of medication to be prescribed and potential associated risks, the
11expected result, and the feasible alternatives, including comfort care,
12hospice care, and pain control.
13I request that my attending physician prescribe medication that I
14may self-administer to end my life in a humane and dignified manner and
15to contact any pharmacist to fill the prescription.
16INITIAL ONE:
17 . . . . . I have informed my family of my decision and taken their
18opinions into consideration.
19 . . . . . I have decided not to inform my family of my decision.
20 . . . . . I have no family to inform of my decision.
21I understand that I have the right to rescind this request at any
22time.
23I understand the full import of this request and I expect to die
24when I take the medication to be prescribed. I further understand that
25although most deaths occur within three hours, my death may take longer
26and my physician has counseled me about this possibility.
27I make this request voluntarily and without reservation, and I
28accept full moral responsibility for my actions.
29Signed: . . . . . . . . . . . . . . .
30Dated: . . . . . . . . . . . . . . .
31DECLARATION OF WITNESSES
32By initialing and signing below on or after the date the person
33named above signs, we declare that the person making and signing the
34above request:
1 2 |
Witness 1 Initials |
Witness 2 Initials |
|
3 |
|
|
1. Is personally known to us or has provided proof of identity; |
4 |
|
|
2. Signed this request in our presence on the date of the person's signature; |
5 |
|
|
3. Appears to be of sound mind and not under duress, fraud, or undue influence; |
6 |
|
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4. Is not a patient for whom either of us is the attending physician. |
7 |
Printed Name of Witness 1: |
|
8 |
Signature of Witness 1/Date: |
|
9 |
Printed Name of Witness 2: |
|
10 |
Signature of Witness 2/Date: |
|
11NOTE: One witness shall not be a relative by blood, marriage, or
12adoption of the person signing this request, shall not be entitled to
13any portion of the person's estate upon death, and shall not own,
14operate, or be employed at a health care facility where the person is
15a patient or resident. If the patient is an inpatient at a health care
16facility, one of the witnesses shall be an individual designated by the
17facility.
18Sec. 23. RCW 42.56.360 and 2007 c 261 s 4 and 2007 c 259 s 49 are
19each reenacted and amended to read as follows:
20(1) The following health care information is exempt from disclosure
21under this chapter:
22(a) Information obtained by the board of pharmacy as provided in
23RCW 69.45.090;
24(b) Information obtained by the board of pharmacy or the department
25of health and its representatives as provided in RCW 69.41.044,
2669.41.280, and 18.64.420;
27(c) Information and documents created specifically for, and
28collected and maintained by a quality improvement committee under RCW
2943.70.510 or 70.41.200, or by a peer review committee under RCW
304.24.250, or by a quality assurance committee pursuant to RCW 74.42.640
31or 18.20.390, or by a hospital, as defined in RCW 43.70.056, for
32reporting of health care-associated infections under RCW 43.70.056, and
1notifications or reports of adverse events or incidents made under RCW
270.56.020 or 70.56.040, regardless of which agency is in possession of
3the information and documents;
4(d)(i) Proprietary financial and commercial information that the
5submitting entity, with review by the department of health,
6specifically identifies at the time it is submitted and that is
7provided to or obtained by the department of health in connection with
8an application for, or the supervision of, an antitrust exemption
9sought by the submitting entity under RCW 43.72.310;
10(ii) If a request for such information is received, the submitting
11entity must be notified of the request. Within ten business days of
12receipt of the notice, the submitting entity shall provide a written
13statement of the continuing need for confidentiality, which shall be
14provided to the requester. Upon receipt of such notice, the department
15of health shall continue to treat information designated under this
16subsection (1)(d) as exempt from disclosure;
17(iii) If the requester initiates an action to compel disclosure
18under this chapter, the submitting entity must be joined as a party to
19demonstrate the continuing need for confidentiality;
20(e) Records of the entity obtained in an action under RCW 18.71.300
21through 18.71.340;
22(f) Except for published statistical compilations and reports
23relating to the infant mortality review studies that do not identify
24individual cases and sources of information, any records or documents
25obtained, prepared, or maintained by the local health department for
26the purposes of an infant mortality review conducted by the department
27of health under RCW 70.05.170;
28(g) Complaints filed under chapter 18.130 RCW after July 27, 1997,
29to the extent provided in RCW 18.130.095(1); ((and))
30(h) Information obtained by the department of health under chapter
3170.225 RCW; and
32(i) Information collected by the department of health under chapter
3370.-- RCW (sections 1 through 22, 26 through 28, and 30 of this act)
34except as provided in section 15 of this act.
35(2) Chapter 70.02 RCW applies to public inspection and copying of
36health care information of patients.
1Sec. 24. RCW 42.56.360 and 2007 c 273 s 25, 2007 c 261 s 4, and
22007 c 259 s 49 are each reenacted and amended to read as follows:
3(1) The following health care information is exempt from disclosure
4under this chapter:
5(a) Information obtained by the board of pharmacy as provided in
6RCW 69.45.090;
7(b) Information obtained by the board of pharmacy or the department
8of health and its representatives as provided in RCW 69.41.044,
969.41.280, and 18.64.420;
10(c) Information and documents created specifically for, and
11collected and maintained by a quality improvement committee under RCW
1243.70.510, 70.230.080, or 70.41.200, or by a peer review committee
13under RCW 4.24.250, or by a quality assurance committee pursuant to RCW
1474.42.640 or 18.20.390, or by a hospital, as defined in RCW 43.70.056,
15for reporting of health care-associated infections under RCW 43.70.056,
16and notifications or reports of adverse events or incidents made under
17RCW 70.56.020 or 70.56.040, regardless of which agency is in possession
18of the information and documents;
19(d)(i) Proprietary financial and commercial information that the
20submitting entity, with review by the department of health,
21specifically identifies at the time it is submitted and that is
22provided to or obtained by the department of health in connection with
23an application for, or the supervision of, an antitrust exemption
24sought by the submitting entity under RCW 43.72.310;
25(ii) If a request for such information is received, the submitting
26entity must be notified of the request. Within ten business days of
27receipt of the notice, the submitting entity shall provide a written
28statement of the continuing need for confidentiality, which shall be
29provided to the requester. Upon receipt of such notice, the department
30of health shall continue to treat information designated under this
31subsection (1)(d) as exempt from disclosure;
32(iii) If the requester initiates an action to compel disclosure
33under this chapter, the submitting entity must be joined as a party to
34demonstrate the continuing need for confidentiality;
35(e) Records of the entity obtained in an action under RCW 18.71.300
36through 18.71.340;
37(f) Except for published statistical compilations and reports
38relating to the infant mortality review studies that do not identify
1individual cases and sources of information, any records or documents
2obtained, prepared, or maintained by the local health department for
3the purposes of an infant mortality review conducted by the department
4of health under RCW 70.05.170;
5(g) Complaints filed under chapter 18.130 RCW after July 27, 1997,
6to the extent provided in RCW 18.130.095(1); ((and))
7(h) Information obtained by the department of health under chapter
870.225 RCW; and
9(i) Information collected by the department of health under chapter
1070.-- RCW (sections 1 through 22, 26 through 28, and 30 of this act)
11except as provided in section 15 of this act.
12(2) Chapter 70.02 RCW applies to public inspection and copying of
13health care information of patients.
14Sec. 25. RCW 70.122.100 and 1992 c 98 s 10 are each amended to
15read as follows:
16Nothing in this chapter shall be construed to condone, authorize,
17or approve mercy killing ((or physician-assisted suicide, or to permit
18any affirmative or deliberate act or omission to end life other than to
19permit the natural process of dying)), lethal injection, or active
20euthanasia.
21NEW SECTION. Sec. 26. SHORT TITLE. This act may be known and
22cited as the Washington death with dignity act.
23NEW SECTION. Sec. 27. SEVERABILITY. If any provision of this act
24or its application to any person or circumstance is held invalid, the
25remainder of the act or the application of the provision to other
26persons or circumstances is not affected.
27NEW SECTION. Sec. 28. EFFECTIVE DATE. This act takes effect one
28hundred twenty days after the election at which it is approved, except
29for section 24 of this act which takes effect July 1, 2009.
30NEW SECTION. Sec. 29. Sections 1 through 22, 26 through 28, and
3130 of this act constitute a new chapter in Title 70 RCW.
1NEW SECTION. Sec. 30. CAPTIONS, PART HEADINGS, AND SUBPART
2HEADINGS NOT LAW. Captions, part headings, and subpart headings used
3in this act are not any part of the law.
4NEW SECTION. Sec. 31. Section 23 of this act expires July 1,
52009.Originally filed in Office of Secretary of State January 24, 2008.
Approved by the People of the State of Washington in the General Election on November 4, 2008.