AN
ACT Relating to the sharing of information received by mental health
professionals performing services under chapter 10.77 RCW; and amending RCW
71.05.390.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
71.05.390 and 1998 c 297 s 22 are each amended to read as follows:
Except
as provided in this section, the fact of admission and all information and
records compiled, obtained, or maintained in the course of providing services
to either voluntary or involuntary recipients of services at public or private
agencies shall be confidential.
Information
and records may be disclosed only:
(1)
In communications between qualified professional persons to meet the
requirements of this chapter, in the provision of services or appropriate
referrals, or in the course of guardianship proceedings. The consent of the
patient, or his or her guardian, shall be obtained before information or
records may be disclosed by a professional person employed by a facility unless
provided to a professional person: (a) Employed by the facility; (b) who has
medical responsibility for the patient's care; (c) who is a county designated
mental health professional; (d) who is providing services under chapter 71.24
RCW; ((or)) (e) who is employed by a state or local correctional
facility where the person is confined; or (f) who is providing evaluation,
treatment, or follow-up services under chapter 10.77 RCW.
(2)
When the communications regard the special needs of a patient and the necessary
circumstances giving rise to such needs and the disclosure is made by a
facility providing outpatient services to the operator of a care facility in
which the patient resides.
(3)
When the person receiving services, or his or her guardian, designates persons
to whom information or records may be released, or if the person is a minor,
when his or her parents make such designation.
(4)
To the extent necessary for a recipient to make a claim, or for a claim to be
made on behalf of a recipient for aid, insurance, or medical assistance to
which he or she may be entitled.
(5)
For either program evaluation or research, or both: PROVIDED, That the
secretary ((of social and health services)) adopts rules for the conduct
of the evaluation or research, or both. Such rules shall include, but need not
be limited to, the requirement that all evaluators and researchers must sign an
oath of confidentiality substantially as follows:
"As
a condition of conducting evaluation or research concerning persons who have
received services from (fill in the facility, agency, or person) I,
. . . . . . . . ., agree not to
divulge, publish, or otherwise make known to unauthorized persons or the public
any information obtained in the course of such evaluation or research regarding
persons who have received services such that the person who received such
services is identifiable.
I
recognize that unauthorized release of confidential information may subject me
to civil liability under the provisions of state law.
/s/............................... "
(6)
To the courts as necessary to the administration of this chapter.
(7)
To law enforcement officers, public health officers, or personnel of the
department of corrections or the indeterminate sentence review board for
persons who are the subject of the records and who are committed to the custody
of the department of corrections or indeterminate sentence review board which
information or records are necessary to carry out the responsibilities of their
office. Except for dissemination of information released pursuant to RCW
71.05.425 and 4.24.550, regarding persons committed under this chapter under
RCW 71.05.280(3) and 71.05.320(2)(c) after dismissal of a sex offense as
defined in RCW 9.94A.030, the extent of information that may be released is
limited as follows:
(a)
Only the fact, place, and date of involuntary admission, the fact and date of
discharge, and the last known address shall be disclosed upon request; and
(b)
The law enforcement and public health officers or personnel of the department
of corrections or indeterminate sentence review board shall be obligated to
keep such information confidential in accordance with this chapter; and
(c)
Additional information shall be disclosed only after giving notice to said
person and his or her counsel and upon a showing of clear, cogent and
convincing evidence that such information is necessary and that appropriate
safeguards for strict confidentiality are and will be maintained. However, in
the event the said person has escaped from custody, said notice prior to
disclosure is not necessary and that the facility from which the person escaped
shall include an evaluation as to whether the person is of danger to persons or
property and has a propensity toward violence.
(8)
To the attorney of the detained person.
(9)
To the prosecuting attorney as necessary to carry out the responsibilities of
the office under RCW 71.05.330(2) and 71.05.340(1)(b) and 71.05.335. The
prosecutor shall be provided access to records regarding the committed person's
treatment and prognosis, medication, behavior problems, and other records
relevant to the issue of whether treatment less restrictive than inpatient
treatment is in the best interest of the committed person or others.
Information shall be disclosed only after giving notice to the committed person
and the person's counsel.
(10)
To appropriate law enforcement agencies and to a person, when the identity of
the person is known to the public or private agency, whose health and safety
has been threatened, or who is known to have been repeatedly harassed, by the
patient. The person may designate a representative to receive the disclosure.
The disclosure shall be made by the professional person in charge of the public
or private agency or his or her designee and shall include the dates of
admission, discharge, authorized or unauthorized absence from the agency's
facility, and only such other information that is pertinent to the threat or
harassment. The decision to disclose or not shall not result in civil
liability for the agency or its employees so long as the decision was reached
in good faith and without gross negligence.
(11)
To the persons designated in RCW 71.05.425 for the purposes described in that
section.
(12)
Civil liability and immunity for the release of information about a particular
person who is committed to the department under RCW 71.05.280(3) and
71.05.320(2)(c) after dismissal of a sex offense as defined in RCW 9.94A.030,
is governed by RCW 4.24.550.
(13)
To a patient's next of kin, guardian, or conservator, if any, in the event of
death, as provided in RCW 71.05.400.
(14)
To the department of health of the purposes of determining compliance with
state or federal licensure, certification, or registration rules or laws.
However, the information and records obtained under this subsection are exempt
from public inspection and copying pursuant to chapter 42.17 RCW.
The
fact of admission, as well as all records, files, evidence, findings, or orders
made, prepared, collected, or maintained pursuant to this chapter shall not be
admissible as evidence in any legal proceeding outside this chapter without the
written consent of the person who was the subject of the proceeding except in a
subsequent criminal prosecution of a person committed pursuant to RCW 71.05.280(3)
or 71.05.320(2)(c) on charges that were dismissed pursuant to chapter 10.77 RCW
due to incompetency to stand trial or in a civil commitment proceeding pursuant
to chapter 71.09 RCW. The records and files maintained in any court proceeding
pursuant to this chapter shall be confidential and available subsequent to such
proceedings only to the person who was the subject of the proceeding or his or
her attorney. In addition, the court may order the subsequent release or use
of such records or files only upon good cause shown if the court finds that
appropriate safeguards for strict confidentiality are and will be maintained.
