1260-S AMS HSC S2878.1
SHB 1260 - S COMM AMD
By Committee on Human Services & Corrections
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 18.19 RCW to read as follows:
Confidential communications between a client and an individual certified under this chapter, acquired while counseling the client in a professional capacity, are privileged against compulsory disclosure to the same extent and subject to the same conditions as confidential communications between a psychologist and client. This privilege is subject to the limitations in RCW 70.96A.140 and 71.05.250 and does not constitute an exemption from the mandatory reporting requirements under chapter 26.44 RCW.
When the client is a minor, the presence of the minor's parent or guardian during any confidential communication does not constitute a waiver of the client's privilege provided under this section.
Sec. 2. RCW 18.19.180 and 1991 c 3 s 33 are each amended to read as follows:
An individual registered or certified under this chapter shall not disclose the written acknowledgment of the disclosure statement pursuant to RCW 18.19.060 nor any information acquired from persons consulting the individual in a professional capacity when that information was necessary to enable the individual to render professional services to those persons except:
(1) With the written consent of that person or, in the case of death or disability, the person's personal representative, other person authorized to sue, or the beneficiary of an insurance policy on the person's life, health, or physical condition;
(2)
That ((a person)) an individual registered or certified under
this chapter is not required to treat as confidential a communication that
reveals the contemplation or commission of a crime or harmful act;
(3)
If the person is a minor, and the information acquired by the ((person))
individual registered or certified under this chapter indicates that the
minor was the victim or subject of a crime, the ((person)) individual
registered or certified may testify fully upon any examination, trial, or other
proceeding in which the commission of the crime is the subject of the inquiry;
(4)
If the person waives confidentiality or the privilege by bringing
charges against the ((person)) individual registered or certified
under this chapter;
(5)(a)
For individuals registered under this chapter, in response to a subpoena
from a court of law or the secretary. The secretary may subpoena only records
related to a complaint or report under chapter 18.130 RCW; ((or))
(b) For individuals certified under this chapter, in response to a subpoena from the secretary.
The secretary may subpoena only records related to a complaint or report under chapter 18.130 RCW; or
(6) As required under chapter 26.44 RCW; or
(7) When the client is a minor, in response to a court order obtained by the minor's parent or guardian. The court shall issue an order compelling disclosure under this subsection unless the court finds that the minor is in counseling as a result of alleged physical or sexual abuse by the parent or guardian requesting the order.
Sec. 3. RCW 71.05.250 and 1989 c 120 s 7 are each amended to read as follows:
At the probable cause hearing the detained person shall have the following rights in addition to the rights previously specified:
(1) To present evidence on his or her behalf;
(2) To cross-examine witnesses who testify against him or her;
(3) To be proceeded against by the rules of evidence;
(4) To remain silent;
(5) To view and copy all petitions and reports in the court file.
The
physician-patient privilege ((or)), the psychologist-client
privilege, or the counselor-client privilege shall be deemed waived in
proceedings under this chapter relating to the administration or monitoring
of antipsychotic medications. As to other proceedings under this chapter, the
privileges shall be waived when a court of competent jurisdiction in its
discretion determines that such waiver is necessary to protect either the
detained person or the public.
The waiver of a privilege under this section is limited to records or testimony relevant to evaluation of the detained person for purposes of a proceeding under this chapter. Upon motion by the detained person or on its own motion, the court shall examine a record or testimony sought by a petitioner to determine whether it is within the scope of the waiver.
The record maker shall not be required to testify in order to introduce medical or psychological records of the detained person so long as the requirements of RCW 5.45.020 are met except that portions of the record which contains opinions as to the detained person's mental state must be deleted from such records unless the person making such conclusions is available for cross-examination."
SHB 1260 - S COMM AMD
By Committee on Human Services & Corrections
On page 1, line 2 of the title, after "clients;" strike the remainder of the title and insert "amending RCW 18.19.180 and 71.05.250; and adding a new section to chapter 18.19 RCW."
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