S-796                 _______________________________________________

                                                   SENATE BILL NO. 5754

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Anderson, Matson, Owen, Gaspard and Smitherman

Read first time 2/6/89 and referred to Committee on  Economic Development & Labor.

AN ACT Relating to release of health care information under industrial insurance; and amending RCW 51.36.060.

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

        Sec. 1.  Section 53, chapter 289, Laws of 1971 ex. sess. as amended by section 15, chapter 224, Laws of 1975 1st ex. sess. and RCW 51.36.060 are each amended to read as follows:

          ((Physicians)) (1) Health care providers examining or attending injured ((workmen)) workers under this title shall:  (a) Comply with rules and regulations adopted by the director, and ((shall)) (b) make such reports as may be requested by the department or ((self-insurer)) employer upon the condition or treatment of any  such ((workman)) worker, or upon any other matters concerning such ((workmen)) workers in their care.  All ((medical)) health care information in the possession or control of any person and relevant to the particular injury in the opinion of the department or employer pertaining to any ((workman)) worker whose injury or occupational disease is the basis of a claim under this title shall be made available at any stage of the proceedings to the employer, the claimant's representative, ((and)) or the department upon request, and no health care provider or other person shall incur any legal liability by reason of releasing such information.  This section authorizes health care providers to discuss health care information within their possession or control with the employer, the claimant's representative, or the department at any stage of the claim before the department or the board or before any court on appeal from the board.

(2) "Health care provider" means:

(a) A person who provides health care or related services, whether or not licensed in the state of Washington, including, but not limited to, a physician, certified acupuncturist, osteopathic physician, dentist, nurse, optometrist, podiatrist, chiropractor, physical therapist, psychologist, pharmacist, optician, physician's assistant, midwife, occupational therapist, osteopathic physician's assistant, nurse practitioner, social worker, or physician-trained mobile intensive care paramedic including, in the event such person is deceased, his or her estate or personal representative;

(b) An employee or agent of a person described in subsection (a) of this section, acting in the course and scope of his or her employment, including, in the event such employee or agent is deceased, his or her estate or personal representative; or

(c) An entity, whether or not incorporated, facility, or institution employing one or more persons described in subsection (a) of this section, including, but not limited to, a hospital, clinic, health maintenance organization, or nursing home, or an officer, director, employee, or agent thereof acting in the course and scope of his or her employment, including, in the event such officer, director, employee, or agent is deceased, his or her estate or personal representative.