SENATE BILL REPORT

SSB 5886

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

Modifying confidentiality standards for information regarding sexually transmitted diseases.

Senate Committee on Health Care & Corrections

Senate Hearing Date(s):February 27,1989; February 28, 1989

Majority Report:  That Substitute Senate Bill No. 5886 be substituted therefor, and the substitute bill do pass.

      Signed by Senators West, Chairman; Smith, Vice Chairman; Johnson, Kreidler, Niemi, Wojahn.

Senate Staff:Don Sloma (786-7414)

                  April 7, 1989

House Committe on Health Care

AS PASSED SENATE, MARCH 13, 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.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Susie Tracy, WSMA (pro); Jackie McFayden, WSHC (pro); Ian MacGowan, Northwest AIDS Foundation (pro); Bobbie Bridge, Privacy Lobby (pro); Yotta Riediger, citizen; Linda Christopher, Washington State Dental Association (pro); John Batjer, M.D., Seattle Laboratory of Pathology (pro); Patty Joynes, WSNA (pro); Bill Stoner, Department of Labor and Industries (pro); Steve Glancy, Mayor's Lesbian/Gay Task Force (con); Mike Leigh, citizen (con); Jerry Sheehan, American Civil Liberties Union (con); Gary Goldbaum, Washington State Association of Public Health Officials (pro); Mimi Fields, HIV/AIDS Office (pro); Lee Ann Miller, Department of Social and Health Services (pro)

HOUSE AMENDMENT:

Access to confidential STD information regarding children in the custody of the state or private child placing agencies is limited.  Persons providing day care or other nonresidential care to those children may not receive the information.  Residential care providers may only receive the information if DSHS or a private child placing agency determines it is necessary for the provision of services.