AN
ACT Relating to information concerning mental health services provided to
offenders; and amending RCW 71.34.225 and 71.05.445.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
71.34.225 and 2000 c 75 s 2 are each amended to read as follows:
(1)
The definitions in this subsection apply throughout this section unless the
context clearly requires otherwise.
(a)
"Information related to mental health services" means all information
and records compiled, obtained, or maintained in the course of providing
services to either voluntary or involuntary recipients of services by a mental
health service provider. This may include documents of legal proceedings under
this chapter or chapter 71.05 or 10.77 RCW, or somatic health care information.
(b)
"Mental health service provider" means a public or private agency
that provides services to persons with mental disorders as defined under RCW
71.34.020 and receives funding from public sources. This includes evaluation
and treatment facilities as defined in RCW 71.34.020, community mental health
service delivery systems, or community mental health programs, as defined in
RCW 71.24.025, and facilities conducting competency evaluations and restoration
under chapter 10.77 RCW.
(2)
Information related to mental health services delivered to a person subject to
chapter 9.94A or 9.95 RCW shall be released, upon request, by a mental
health service provider to department of corrections personnel for whom the
information is necessary to carry out the responsibilities of their office.
The information must be provided only for the purpose of completing presentence
investigations, supervision of an incarcerated person, planning for and
provision of supervision of a person, or assessment of a person's risk to the
community. The request shall be in writing and shall not require the consent
of the subject of the records.
(3)
The information to be released to the department of corrections shall include all
relevant records and reports, as defined by rule, necessary for the department
of corrections to carry out its duties, including those records and reports
identified in subsection (2) of this section.
(4)
The department and the department of corrections, in consultation with regional
support networks, mental health service providers as defined in subsection (1)
of this section, mental health consumers, and advocates for persons with mental
illness, shall adopt rules to implement the provisions of this section related
to the type and scope of information to be released. These rules shall:
(a)
Enhance and facilitate the ability of the department of corrections to carry
out its responsibility of planning and ensuring community protection with
respect to persons subject to sentencing under chapter 9.94A or 9.95
RCW, including accessing and releasing or disclosing information of persons who
received mental health services as a minor; and
(b)
Establish requirements for the notification of persons under the supervision of
the department of corrections regarding the provisions of this section.
(5)
The information received by the department of corrections under this section
shall remain confidential and subject to the limitations on disclosure outlined
in RCW 71.34.200, except as provided in RCW 72.09.585.
(6)
No mental health service provider or individual employed by a mental health
service provider shall be held responsible for information released to or used
by the department of corrections under the provisions of this section or rules
adopted under this section.
(7)
Whenever federal law or federal regulations restrict the release of information
contained in the treatment records of any patient who receives treatment for
alcoholism or drug dependency, the release of the information may be restricted
as necessary to comply with federal law and regulations.
(8) This section does not modify the terms and conditions of
disclosure of information related to sexually transmitted diseases under
chapter 70.24 RCW.
Sec.
2. RCW
71.05.445 and 2000 c 75 s 3 are each amended to read as follows:
(1)
The definitions in this subsection apply throughout this section unless the
context clearly requires otherwise.
(a)
"Information related to mental health services" means all information
and records compiled, obtained, or maintained in the course of providing
services to either voluntary or involuntary recipients of services by a mental
health service provider. This may include documents of legal proceedings under
this chapter or chapter 71.34 or 10.77 RCW, or somatic health care information.
(b)
"Mental health service provider" means a public or private agency
that provides services to persons with mental disorders as defined under RCW
71.05.020 and receives funding from public sources. This includes evaluation
and treatment facilities as defined in RCW 71.05.020, community mental health
service delivery systems, or community mental health programs as defined in RCW
71.24.025, and facilities conducting competency evaluations and restoration
under chapter 10.77 RCW.
(2)
Information related to mental health services delivered to a person subject to
chapter 9.94A or 9.95 RCW shall be released, upon request, by a mental
health service provider to department of corrections personnel for whom the
information is necessary to carry out the responsibilities of their office.
The information must be provided only for the purpose of completing presentence
investigations, supervision of an incarcerated person, planning for and
provision of supervision of a person, or assessment of a person's risk to the
community. The request shall be in writing and shall not require the consent
of the subject of the records.
(3)
The information to be released to the department of corrections shall include
all relevant records and reports, as defined by rule, necessary for the
department of corrections to carry out its duties, including those records and
reports identified in subsection (2) of this section.
(4)
The department and the department of corrections, in consultation with regional
support networks, mental health service providers as defined in subsection (1)
of this section, mental health consumers, and advocates for persons with mental
illness, shall adopt rules to implement the provisions of this section related
to the type and scope of information to be released. These rules shall:
(a)
Enhance and facilitate the ability of the department of corrections to carry
out its responsibility of planning and ensuring community protection with
respect to persons subject to sentencing under chapter 9.94A or 9.95
RCW, including accessing and releasing or disclosing information of persons who
received mental health services as a minor; and
(b)
Establish requirements for the notification of persons under the supervision of
the department of corrections regarding the provisions of this section.
(5)
The information received by the department of corrections under this section
shall remain confidential and subject to the limitations on disclosure outlined
in chapter 71.05 RCW, except as provided in RCW 72.09.585.
(6)
No mental health service provider or individual employed by a mental health
service provider shall be held responsible for information released to or used
by the department of corrections under the provisions of this section or rules
adopted under this section except under RCW 71.05.670 and 71.05.440.
(7)
Whenever federal law or federal regulations restrict the release of information
contained in the treatment records of any patient who receives treatment for
alcoholism or drug dependency, the release of the information may be restricted
as necessary to comply with federal law and regulations.
(8) This section does not modify the terms and conditions of
disclosure of information related to sexually transmitted diseases under
chapter 70.24 RCW.
