AN
ACT Relating to health care providers' communication with patients; and
amending RCW 5.60.060.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
5.60.060 and 1997 c 338 s 1 are each amended to read as follows:
(1)
A husband shall not be examined for or against his wife, without the consent of
the wife, nor a wife for or against her husband without the consent of the
husband; nor can either during marriage or afterward, be without the consent of
the other, examined as to any communication made by one to the other during
marriage. But this exception shall not apply to a civil action or proceeding
by one against the other, nor to a criminal action or proceeding for a crime
committed by one against the other, nor to a criminal action or proceeding
against a spouse if the marriage occurred subsequent to the filing of formal
charges against the defendant, nor to a criminal action or proceeding for a
crime committed by said husband or wife against any child of whom said husband
or wife is the parent or guardian, nor to a proceeding under chapter 70.96A or
71.05 RCW: PROVIDED, That the spouse of a person sought to be detained under
chapter 70.96A or 71.05 RCW may not be compelled to testify and shall be so
informed by the court prior to being called as a witness.
(2)(a)
An attorney or counselor shall not, without the consent of his or her client,
be examined as to any communication made by the client to him or her, or his or
her advice given thereon in the course of professional employment.
(b)
A parent or guardian of a minor child arrested on a criminal charge may not be
examined as to a communication between the child and his or her attorney if the
communication was made in the presence of the parent or guardian. This
privilege does not extend to communications made prior to the arrest.
(3)
A member of the clergy or a priest shall not, without the consent of a person
making the confession, be examined as to any confession made to him or her in
his or her professional character, in the course of discipline enjoined by the
church to which he or she belongs.
(4)
Subject to the limitations under RCW 70.96A.140 or 71.05.250, a physician or
surgeon or osteopathic physician or surgeon or podiatric physician or
surgeon shall not, without the consent of his or her patient, be examined
in a civil action as to any information acquired in attending such patient,
which was necessary to enable him or her to prescribe or act for the patient,
except as follows:
(a)
In any judicial proceedings regarding a child's injury, neglect, or sexual
abuse or the cause thereof; and
(b)
Ninety days after filing an action for personal injuries or wrongful death, the
claimant shall be deemed to waive the physician-patient privilege. Waiver of
the physician-patient privilege for any one physician or condition constitutes
a waiver of the privilege as to all physicians or conditions, subject to such
limitations as a court may impose pursuant to court rules.
(5)
A public officer shall not be examined as a witness as to communications made
to him or her in official confidence, when the public interest would suffer by
the disclosure.
(6)(a)
A peer support group counselor shall not, without consent of the law
enforcement officer making the communication, be compelled to testify about any
communication made to the counselor by the officer while receiving counseling.
The counselor must be designated as such by the sheriff, police chief, or chief
of the Washington state patrol, prior to the incident that results in
counseling. The privilege only applies when the communication was made to the
counselor while acting in his or her capacity as a peer support group
counselor. The privilege does not apply if the counselor was an initial
responding officer, a witness, or a party to the incident which prompted the
delivery of peer support group counseling services to the law enforcement
officer.
(b)
For purposes of this section, "peer support group counselor" means a:
(i)
Law enforcement officer, or civilian employee of a law enforcement agency, who
has received training to provide emotional and moral support and counseling to
an officer who needs those services as a result of an incident in which the
officer was involved while acting in his or her official capacity; or
(ii)
Nonemployee counselor who has been designated by the sheriff, police chief, or
chief of the Washington state patrol to provide emotional and moral support and
counseling to an officer who needs those services as a result of an incident in
which the officer was involved while acting in his or her official capacity.
(7)
A sexual assault advocate may not, without the consent of the victim, be
examined as to any communication made by the victim to the sexual assault
advocate.
(a)
For purposes of this section, "sexual assault advocate" means the
employee or volunteer from a rape crisis center, victim assistance unit,
program, or association, that provides information, medical or legal advocacy,
counseling, or support to victims of sexual assault, who is designated by the
victim to accompany the victim to the hospital or other health care facility
and to proceedings concerning the alleged assault, including police and
prosecution interviews and court proceedings.
(b)
A sexual assault advocate may disclose a confidential communication without the
consent of the victim if failure to disclose is likely to result in a clear,
imminent risk of serious physical injury or death of the victim or another
person. Any sexual assault advocate participating in good faith in the
disclosing of records and communications under this section shall have immunity
from any liability, civil, criminal, or otherwise, that might result from the
action. In any proceeding, civil or criminal, arising out of a disclosure
under this section, the good faith of the sexual assault advocate who disclosed
the confidential communication shall be presumed.
