HOUSE OF REPRESENTATIVES

                      Olympia, Washington

Bill Analysis     Bill No.  SSB 5482

Regulating disclosure of medical and health research records.

Brief Title                              Hearing Date: 3/23/99

Senators Thibaudeau, Deccio, and Costa   Staff:  Scott MacColl

Sponsor(s)                          State Government Committee

                                              Phone:  786-7106

BACKGROUND:

The Open Public Records Act (RCW 42.17), commonly known as the public disclosure law, makes all public documents subject to release by request.  Numerous exemptions to the public disclosure requirement are codified in statute.  State and local governments are required to make records not specifically included within a statutory exemption available for public inspection and copying.

The U.S. Driver=s Privacy Protection Act of 1994 prohibits the release and use of certain personal information from state motor vehicle records.  There are specific exceptions to the rule defined in statute, such as the information being used in research activities so long as the personal information is not published, redisclosed, or used to contact individuals. 

Prior to the act, non-profit health research organizations had access and used driver=s license information for research projects.  The act, which went into effect in September of 1997, effectively made it illegal for non-profit health research organizations to obtain driver=s license information from the Department of Licensing.

An institutional review board is a board or committee that is authorized by state law to  approve and conduct periodic reviews of research programs to assure the protection of the rights and welfare of human research subjects.  Members of a institutional review board are made up of industry professionals, the institution, and lay persons.

SUMMARY:

Disclosure of Washington Department of Licensing records to health research organizations in connection with a qualified medical or health research project is considered an exemption to the U.S. Driver=s Privacy Protection Act.  The project must have been reviewed and approved by an institutional review board.

FISCAL NOTE:  Available.

EFFECTIVE DATE:  Ninety days after adjournment of session in which bill is passed.