H-4477              _______________________________________________

                                          SUBSTITUTE HOUSE BILL NO. 2865

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By House Committee on Judiciary (originally sponsored by Representative Appelwick)

Read first time 2/2/90.

AN ACT Relating to limiting liability for health care or educational decisions when parental consent is required; amending RCW 26.09.225; and adding a new section to chapter 4.24 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 4.24 RCW to read as follows:

          (1) Whenever the consent of a minor's parent is required before records or information about the minor may be released, a health care provider or school official may rely on a parent's representation that the parent is authorized to consent for the minor, so long as the reliance is without actual knowledge that the parent is not authorized to consent.

          (2) A health care provider or school official who relies on a parent's representation in compliance with subsection (1) of this section shall be immune from civil or criminal liability for such reliance regardless of whether:

          (a) The parents of the minor are married, unmarried, or separated at the time of the representation;

          (b) The minor is living with the consenting parent; or

          (c) The giving of the consent by the parent complies with any agreement between the parents, or with any order or decree in any action entered pursuant to chapter 26.09 RCW.

        Sec. 2.  Section 17, chapter 460, Laws of 1987 and RCW 26.09.225 are each amended to read as follows:

(1) Each parent shall have full and equal access to the education and ((medical)) health care records of the child absent a court order to the contrary.

(2) The release of records under this section is subject to the provisions of section 1 of this 1990 act.