HOUSE BILL REPORT

SSB 5886

As Amended by the House

BYSenate Committee on Health Care & Corrections (originally sponsored by Senator West)

Modifying confidentiality standards for information regarding sexually transmitted diseases.

House Committe on Health Care

Majority Report:  Do pass with amendments.  (10)

      Signed by Representatives Braddock; Chair; Brooks, Ranking Republican Member; Cantwell, Chandler, Morris, Prentice, Sommers, Sprenkle, Vekich and Wolfe.

House Staff:Bill Hagens (786-7131)

AS PASSED HOUSE APRIL 6, 1989

BACKGROUND:

Current law contains prohibitions against the transfer of any information regarding requests for, the receipt of or the results of any test for a sexually transmitted disease (STD), with limited exceptions.  Some health care professionals are concerned that such "confidentiality statutes" are so encompassing that the normal and necessary exchange of medical information may be jeopardized.  Child care workers are similarly concerned.

SUMMARY:

Information identifying a person who:  (a) has received an STD test, (b) has an STD diagnosis, or (c) is receiving treatment for an STD may be disclosed unless the tests are for HIV or the test results are positive, with certain exceptions.

The Department of Social and Health Services (DSHS) workers, persons making recommendations to the court and other child care providers working with DSHS are exempt from prohibitions against disclosure of protected STD information.

Prohibitions against disclosure of protected STD information do not apply to the customary methods used for the exchange of medical information among health care providers in order to provide health care services to the patient, nor within health care facilities where there is a need for access to confidential medical information to fulfill professional duties.

No written statement must be given when disclosure of protected STD information is made to (a) a subject's legal representative, (b) health care providers or (c) within health care settings as needed to fulfill professional duties.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Mimi Fields, Office on HIV/AIDS; Susie Tracy, Washington State Medical Association; Bud Nicola; Bob Wood, Governor's AIDS Advisory Committee; Lee Ann Miller, Attorney General's Office; Joan Brewster, Tacoma-Pierce County Health Department; Laura Actschuc, Privacy Fund; Don Moveland, Privacy Fund; Bobbe Bridge, Washington Privacy Lobby and Bea Kelleigh, Northwest AIDS Foundation.

House Committee - Testified Against:      Michael Brownfield, ACT-UP; Susan Nelson, Seattle Gay Clinic; Mike Leigh; Julia Hale, Office of Civil Rights, U.S. Department of Social and Human Services; Linda Lillevik, Seattle-King County Public Defenders; Michael Davidson, ACT-UP.

House Committee - Testimony For:    These changes are needed to provide health care and children services.

House Committee - Testimony Against:      These changes are not needed and could seriously reduce individual rights.