SHB 1300 -
By Senators Hargrove, Stevens
ADOPTED 04/15/2009
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 71.05.020 and 2008 c 156 s 1 are each amended to read
as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Admission" or "admit" means a decision by a physician or
psychiatric advanced registered nurse practitioner that a person should
be examined or treated as a patient in a hospital;
(2) "Antipsychotic medications" means that class of drugs primarily
used to treat serious manifestations of mental illness associated with
thought disorders, which includes, but is not limited to atypical
antipsychotic medications;
(3) "Attending staff" means any person on the staff of a public or
private agency having responsibility for the care and treatment of a
patient;
(4) "Commitment" means the determination by a court that a person
should be detained for a period of either evaluation or treatment, or
both, in an inpatient or a less restrictive setting;
(5) "Conditional release" means a revocable modification of a
commitment, which may be revoked upon violation of any of its terms;
(6) "Crisis stabilization unit" means a short-term facility or a
portion of a facility licensed by the department of health and
certified by the department of social and health services under RCW
71.24.035, such as an evaluation and treatment facility or a hospital,
which has been designed to assess, diagnose, and treat individuals
experiencing an acute crisis without the use of long-term
hospitalization;
(7) "Custody" means involuntary detention under the provisions of
this chapter or chapter 10.77 RCW, uninterrupted by any period of
unconditional release from commitment from a facility providing
involuntary care and treatment;
(8) "Department" means the department of social and health
services;
(9) "Designated chemical dependency specialist" means a person
designated by the county alcoholism and other drug addiction program
coordinator designated under RCW 70.96A.310 to perform the commitment
duties described in chapters 70.96A and 70.96B RCW;
(10) "Designated crisis responder" means a mental health
professional appointed by the county or the regional support network to
perform the duties specified in this chapter;
(11) "Designated mental health professional" means a mental health
professional designated by the county or other authority authorized in
rule to perform the duties specified in this chapter;
(12) "Detention" or "detain" means the lawful confinement of a
person, under the provisions of this chapter;
(13) "Developmental disabilities professional" means a person who
has specialized training and three years of experience in directly
treating or working with persons with developmental disabilities and is
a psychiatrist, psychologist, psychiatric advanced registered nurse
practitioner, or social worker, and such other developmental
disabilities professionals as may be defined by rules adopted by the
secretary;
(14) "Developmental disability" means that condition defined in RCW
71A.10.020(3);
(15) "Discharge" means the termination of hospital medical
authority. The commitment may remain in place, be terminated, or be
amended by court order;
(16) "Evaluation and treatment facility" means any facility which
can provide directly, or by direct arrangement with other public or
private agencies, emergency evaluation and treatment, outpatient care,
and timely and appropriate inpatient care to persons suffering from a
mental disorder, and which is certified as such by the department. A
physically separate and separately operated portion of a state hospital
may be designated as an evaluation and treatment facility. A facility
which is part of, or operated by, the department or any federal agency
will not require certification. No correctional institution or
facility, or jail, shall be an evaluation and treatment facility within
the meaning of this chapter;
(17) "Gravely disabled" means a condition in which a person, as a
result of a mental disorder: (a) Is in danger of serious physical harm
resulting from a failure to provide for his or her essential human
needs of health or safety; or (b) manifests severe deterioration in
routine functioning evidenced by repeated and escalating loss of
cognitive or volitional control over his or her actions and is not
receiving such care as is essential for his or her health or safety;
(18) "Habilitative services" means those services provided by
program personnel to assist persons in acquiring and maintaining life
skills and in raising their levels of physical, mental, social, and
vocational functioning. Habilitative services include education,
training for employment, and therapy. The habilitative process shall
be undertaken with recognition of the risk to the public safety
presented by the person being assisted as manifested by prior charged
criminal conduct;
(19) "History of one or more violent acts" refers to the period of
time ten years prior to the filing of a petition under this chapter,
excluding any time spent, but not any violent acts committed, in a
mental health facility or in confinement as a result of a criminal
conviction;
(20) "Imminent" means the state or condition of being likely to
occur at any moment or near at hand, rather than distant or remote;
(21) "Individualized service plan" means a plan prepared by a
developmental disabilities professional with other professionals as a
team, for a person with developmental disabilities, which shall state:
(a) The nature of the person's specific problems, prior charged
criminal behavior, and habilitation needs;
(b) The conditions and strategies necessary to achieve the purposes
of habilitation;
(c) The intermediate and long-range goals of the habilitation
program, with a projected timetable for the attainment;
(d) The rationale for using this plan of habilitation to achieve
those intermediate and long-range goals;
(e) The staff responsible for carrying out the plan;
(f) Where relevant in light of past criminal behavior and due
consideration for public safety, the criteria for proposed movement to
less-restrictive settings, criteria for proposed eventual discharge or
release, and a projected possible date for discharge or release; and
(g) The type of residence immediately anticipated for the person
and possible future types of residences;
(22) "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;
(23) "Judicial commitment" means a commitment by a court pursuant
to the provisions of this chapter;
(((23))) (24) "Legal counsel" means attorneys and staff employed by
county prosecutor offices or the state attorney general acting in their
capacity as legal representatives of public mental health service
providers under RCW 71.05.130;
(25) "Likelihood of serious harm" means:
(a) A substantial risk that: (i) Physical harm will be inflicted
by a person upon his or her own person, as evidenced by threats or
attempts to commit suicide or inflict physical harm on oneself; (ii)
physical harm will be inflicted by a person upon another, as evidenced
by behavior which has caused such harm or which places another person
or persons in reasonable fear of sustaining such harm; or (iii)
physical harm will be inflicted by a person upon the property of
others, as evidenced by behavior which has caused substantial loss or
damage to the property of others; or
(b) The person has threatened the physical safety of another and
has a history of one or more violent acts;
(((24))) (26) "Mental disorder" means any organic, mental, or
emotional impairment which has substantial adverse effects on a
person's cognitive or volitional functions;
(((25))) (27) "Mental health professional" means a psychiatrist,
psychologist, psychiatric nurse, or social worker, and such other
mental health professionals as may be defined by rules adopted by the
secretary pursuant to the provisions of this chapter;
(((26))) (28) "Mental health service provider" means a public or
private agency that provides mental health services to persons with
mental disorders as defined under this section and receives funding
from public sources. This includes, but is not limited to, hospitals
licensed under chapter 70.41 RCW, evaluation and treatment facilities
as defined in this section, community mental health service delivery
systems or community mental health programs as defined in RCW
71.24.025, facilities conducting competency evaluations and restoration
under chapter 10.77 RCW, and correctional facilities operated by state
and local governments;
(29) "Peace officer" means a law enforcement official of a public
agency or governmental unit, and includes persons specifically given
peace officer powers by any state law, local ordinance, or judicial
order of appointment;
(((27))) (30) "Private agency" means any person, partnership,
corporation, or association that is not a public agency, whether or not
financed in whole or in part by public funds, which constitutes an
evaluation and treatment facility or private institution, or hospital,
which is conducted for, or includes a department or ward conducted for,
the care and treatment of persons who are mentally ill;
(((28))) (31) "Professional person" means a mental health
professional and shall also mean a physician, psychiatric advanced
registered nurse practitioner, registered nurse, and such others as may
be defined by rules adopted by the secretary pursuant to the provisions
of this chapter;
(((29))) (32) "Psychiatric advanced registered nurse practitioner"
means a person who is licensed as an advanced registered nurse
practitioner pursuant to chapter 18.79 RCW; and who is board certified
in advanced practice psychiatric and mental health nursing;
(((30))) (33) "Psychiatrist" means a person having a license as a
physician and surgeon in this state who has in addition completed three
years of graduate training in psychiatry in a program approved by the
American medical association or the American osteopathic association
and is certified or eligible to be certified by the American board of
psychiatry and neurology;
(((31))) (34) "Psychologist" means a person who has been licensed
as a psychologist pursuant to chapter 18.83 RCW;
(((32))) (35) "Public agency" means any evaluation and treatment
facility or institution, or hospital which is conducted for, or
includes a department or ward conducted for, the care and treatment of
persons with mental illness, if the agency is operated directly by,
federal, state, county, or municipal government, or a combination of
such governments;
(((33))) (36) "Registration records" include all the records of the
department, regional support networks, treatment facilities, and other
persons providing services to the department, county departments, or
facilities which identify persons who are receiving or who at any time
have received services for mental illness;
(((34))) (37) "Release" means legal termination of the commitment
under the provisions of this chapter;
(((35))) (38) "Resource management services" has the meaning given
in chapter 71.24 RCW;
(((36))) (39) "Secretary" means the secretary of the department of
social and health services, or his or her designee;
(((37))) (40) "Serious violent offense" has the same meaning as
provided in RCW 9.94A.030;
(41) "Social worker" means a person with a master's or further
advanced degree from an accredited school of social work or a degree
deemed equivalent under rules adopted by the secretary;
(((38))) (42) "Therapeutic court personnel" means the staff of a
mental health court or other therapeutic court which has jurisdiction
over defendants who are dually diagnosed with mental disorders,
including court personnel, probation officers, a court monitor,
prosecuting attorney, or defense counsel acting within the scope of
therapeutic court duties;
(43) "Treatment records" include registration and all other records
concerning persons who are receiving or who at any time have received
services for mental illness, which are maintained by the department, by
regional support networks and their staffs, and by treatment
facilities. Treatment records include mental health information
contained in a medical bill including but not limited to mental health
drugs, a mental health diagnosis, provider name, and dates of service
stemming from a medical service. Treatment records do not include
notes or records maintained for personal use by a person providing
treatment services for the department, regional support networks, or a
treatment facility if the notes or records are not available to others;
(((39))) (44) "Violent act" means behavior that resulted in
homicide, attempted suicide, nonfatal injuries, or substantial damage
to property.
NEW SECTION. Sec. 2 A new section is added to chapter 71.05 RCW
to read as follows:
(1) A mental health service provider shall release to the persons
authorized under subsection (2) of this section, upon request:
(a) The fact, place, and date of an involuntary commitment, the
fact and date of discharge or release, and the last known address of a
person who has been committed under this chapter.
(b) Information related to mental health services, in the format
determined under subsection (9) of this section, concerning a person
who:
(i) Is currently committed to the custody or supervision of the
department of corrections or the indeterminate sentence review board
under chapter 9.94A or 9.95 RCW;
(ii) Has been convicted or found not guilty by reason of insanity
of a serious violent offense; or
(iii) Was charged with a serious violent offense and such charges
were dismissed under RCW 10.77.086.
Legal counsel may release such information to the persons
authorized under subsection (2) of this section on behalf of the mental
health service provider, provided that nothing in this subsection shall
require the disclosure of attorney work product or attorney-client
privileged information.
(2) The information subject to release under subsection (1) of this
section shall be released to law enforcement officers, personnel of a
county or city jail, designated mental health professionals, public
health officers, therapeutic court personnel, personnel of the
department of corrections, or personnel of the indeterminate sentence
review board, when such information is requested during the course of
business and for the purpose of carrying out the responsibilities of
the requesting person's office. No mental health service provider or
person employed by a mental health service provider, or its legal
counsel, shall be liable for information released to or used under the
provisions of this section or rules adopted under this section except
under RCW 71.05.440.
(3) A person who requests information under subsection (1)(b) of
this section must comply with the following restrictions:
(a) Information must be requested only for the purposes permitted
by this subsection and for the purpose of carrying out the
responsibilities of the requesting person's office. Appropriate
purposes for requesting information under this section include:
(i) Completing presentence investigations or risk assessment
reports;
(ii) Assessing a person's risk to the community;
(iii) Assessing a person's risk of harm to self or others when
confined in a city or county jail;
(iv) Planning for and provision of supervision of an offender,
including decisions related to sanctions for violations of conditions
of community supervision; and
(v) Responding to an offender's failure to report for department of
corrections supervision.
(b) Information shall not be requested under this section unless
the requesting person has reasonable suspicion that the individual who
is the subject of the information:
(i) Has engaged in activity indicating that a crime or a violation
of community custody or parole has been committed or, based upon his or
her current or recent past behavior, is likely to be committed in the
near future; or
(ii) Is exhibiting signs of a deterioration in mental functioning
which may make the individual appropriate for civil commitment under
this chapter.
(c) Any information received under this section shall be held
confidential and subject to the limitations on disclosure outlined in
this chapter, except:
(i) Such information may be shared with other persons who have the
right to request similar information under subsection (2) of this
section, solely for the purpose of coordinating activities related to
the individual who is the subject of the information in a manner
consistent with the official responsibilities of the persons involved;
(ii) Such information may be shared with a prosecuting attorney
acting in an advisory capacity for a person who receives information
under this section. A prosecuting attorney under this subsection
shall be subject to the same restrictions and confidentiality
limitations as the person who requested the information; and
(iii) As provided in RCW 72.09.585.
(4) A request for information related to mental health services
under this section shall not require the consent of the subject of the
records. Such request shall be provided in writing, except to the
extent authorized in subsection (5) of this section. A written request
may include requests made by e-mail or facsimile so long as the
requesting person is clearly identified. The request must specify the
information being requested.
(5) In the event of an emergency situation that poses a significant
risk to the public or the offender, a mental health service provider,
or its legal counsel, shall release information related to mental
health services delivered to the offender and, if known, information
regarding where the offender is likely to be found to the department of
corrections or law enforcement upon request. The initial request may
be written or oral. All oral requests must be subsequently confirmed
in writing. Information released in response to an oral request is
limited to a statement as to whether the offender is or is not being
treated by the mental health service provider and the address or
information about the location or whereabouts of the offender.
(6) Disclosure under this section to state or local law enforcement
authorities is mandatory for the purposes of the health insurance
portability and accountability act.
(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.
(9) In collaboration with interested organizations, the department
shall develop a standard form for requests for information related to
mental health services made under this section and a standard format
for information provided in response to such requests. Consistent with
the goals of the health information privacy provisions of the federal
health insurance portability and accountability act, in developing the
standard form for responsive information, the department shall design
the form in such a way that the information disclosed is limited to the
minimum necessary to serve the purpose for which the information is
requested.
Sec. 3 RCW 71.05.390 and 2007 c 375 s 15 are each amended to read
as follows:
Except as provided in this section, RCW 71.05.445, 71.05.630,
70.96A.150, section 2 of this act, or pursuant to a valid release under
RCW 70.02.030, 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 person, or his or her personal representative or
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 designated mental health professional;
(d) Who is providing services under chapter 71.24 RCW;
(e) Who is employed by a state or local correctional facility where
the person is confined or supervised; 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 services to the operator of
a facility in which the patient resides or will reside.
(3)(a) 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.
(b) A public or private agency shall release to a person's next of
kin, attorney, personal representative, guardian, or conservator, if
any:
(i) The information that the person is presently a patient in the
facility or that the person is seriously physically ill;
(ii) A statement evaluating the mental and physical condition of
the patient, and a statement of the probable duration of the patient's
confinement, if such information is requested by the next of kin,
attorney, personal representative, guardian, or conservator; and
(iii) Such other information requested by the next of kin or
attorney as may be necessary to decide whether or not proceedings
should be instituted to appoint a guardian or conservator.
(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)(a) For either program evaluation or research, or both:
PROVIDED, That the secretary 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/ . . . . . . . . . . . . " |
Sec. 4 RCW 71.05.445 and 2005 c 504 s 711 are each amended to
read as follows:
(1) ((The definitions in this subsection apply throughout this
section unless the context clearly requires otherwise.))(a) When a mental health service provider conducts its initial
assessment for a person receiving court-ordered treatment, the service
provider shall inquire and shall be told by the offender whether he or
she is subject to supervision by the department of corrections.
(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)(a) 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 purposes of completing presentence investigations
or risk assessment reports, supervision of an incarcerated offender or
offender under supervision in the community, planning for and provision
of supervision of an offender, or assessment of an offender's risk to
the community. The request shall be in writing and shall not require
the consent of the subject of the records.
(b) If an offender subject to chapter 9.94A or 9.95 RCW has failed
to report for department of corrections supervision or in the event of
an emergent situation that poses a significant risk to the public or
the offender, information related to mental health services delivered
to the offender and, if known, information regarding where the offender
is likely to be found shall be released by the mental health services
provider to the department of corrections upon request. The initial
request may be written or oral. All oral requests must be subsequently
confirmed in writing. Information released in response to an oral
request is limited to a statement as to whether the offender is or is
not being treated by the mental health services provider and the
address or information about the location or whereabouts of the
offender. Information released in response to a written request may
include information identified by rule as provided in subsections (4)
and (5) of this section. For purposes of this subsection a written
request includes requests made by e-mail or facsimile so long as the
requesting person at the department of corrections is clearly
identified. The request must specify the information being requested.
Disclosure of the information requested does not require the consent of
the subject of the records unless the offender has received relief from
disclosure under RCW 9.94A.562, 70.96A.155, or 71.05.132.
(3)
(b) When a person receiving court-ordered treatment or treatment
ordered by the department of corrections discloses to his or her mental
health service provider that he or she is subject to supervision by the
department of corrections, the mental health service((s)) provider
shall notify the department of corrections that he or she is treating
the offender and shall notify the offender that his or her community
corrections officer will be notified of the treatment, provided that if
the offender has received relief from disclosure pursuant to RCW
9.94A.562, 70.96A.155, or 71.05.132 and the offender has provided the
mental health service((s)) provider with a copy of the order granting
relief from disclosure pursuant to RCW 9.94A.562, 70.96A.155, or
71.05.132, the mental health service((s)) provider is not required to
notify the department of corrections that the mental health
service((s)) provider is treating the offender. The notification may
be written or oral and shall not require the consent of the offender.
If an oral notification is made, it must be confirmed by a written
notification. For purposes of this section, a written notification
includes notification by e-mail or facsimile, so long as the notifying
mental health service provider is clearly identified.
(((4))) (2) 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)).
(((5))) (3) 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)) RCW
71.05.020, 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.
(((6))) (4) 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.
(((7))) (5) 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 71.05.440.
(((8))) (6) 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.
(((9))) (7) This section does not modify the terms and conditions
of disclosure of information related to sexually transmitted diseases
under chapter 70.24 RCW.
(((10))) (8) The department shall, subject to available resources,
electronically, or by the most cost-effective means available, provide
the department of corrections with the names, last dates of services,
and addresses of specific regional support networks and mental health
service providers that delivered mental health services to a person
subject to chapter 9.94A or 9.95 RCW pursuant to an agreement between
the departments.
Sec. 5 RCW 71.05.630 and 2007 c 191 s 1 are each amended to read
as follows:
(1) Except as otherwise provided by law, all treatment records
shall remain confidential and may be released only to the persons
designated in this section, or to other persons designated in an
informed written consent of the patient.
(2) Treatment records of a person may be released without informed
written consent in the following circumstances:
(a) To a person, organization, or agency as necessary for
management or financial audits, or program monitoring and evaluation.
Information obtained under this subsection shall remain confidential
and may not be used in a manner that discloses the name or other
identifying information about the person whose records are being
released.
(b) To the department, the director of regional support networks,
or a qualified staff member designated by the director only when
necessary to be used for billing or collection purposes. The
information shall remain confidential.
(c) For purposes of research as permitted in chapter 42.48 RCW.
(d) Pursuant to lawful order of a court.
(e) To qualified staff members of the department, to the director
of regional support networks, to resource management services
responsible for serving a patient, or to service providers designated
by resource management services as necessary to determine the progress
and adequacy of treatment and to determine whether the person should be
transferred to a less restrictive or more appropriate treatment
modality or facility. The information shall remain confidential.
(f) Within the treatment facility where the patient is receiving
treatment, confidential information may be disclosed to persons
employed, serving in bona fide training programs, or participating in
supervised volunteer programs, at the facility when it is necessary to
perform their duties.
(g) Within the department as necessary to coordinate treatment for
mental illness, developmental disabilities, alcoholism, or drug abuse
of persons who are under the supervision of the department.
(h) To a licensed physician who has determined that the life or
health of the person is in danger and that treatment without the
information contained in the treatment records could be injurious to
the patient's health. Disclosure shall be limited to the portions of
the records necessary to meet the medical emergency.
(i) To a facility that is to receive a person who is involuntarily
committed under chapter 71.05 RCW, or upon transfer of the person from
one treatment facility to another. The release of records under this
subsection shall be limited to the treatment records required by law,
a record or summary of all somatic treatments, and a discharge summary.
The discharge summary may include a statement of the patient's problem,
the treatment goals, the type of treatment which has been provided, and
recommendation for future treatment, but may not include the patient's
complete treatment record.
(j) ((Notwithstanding the provisions of RCW 71.05.390(7), to a
correctional facility or a corrections officer who is responsible for
the supervision of a person who is receiving inpatient or outpatient
evaluation or treatment. Except as provided in RCW 71.05.445 and
71.34.345, release of records under this section is limited to:)) To the person's counsel or guardian ad litem, without
modification, at any time in order to prepare for involuntary
commitment or recommitment proceedings, reexaminations, appeals, or
other actions relating to detention, admission, commitment, or
patient's rights under chapter 71.05 RCW.
(i) An evaluation report provided pursuant to a written supervision
plan.
(ii) The discharge summary, including a record or summary of all
somatic treatments, at the termination of any treatment provided as
part of the supervision plan.
(iii) When a person is returned from a treatment facility to a
correctional facility, the information provided under (j)(iv) of this
subsection.
(iv) Any information necessary to establish or implement changes in
the person's treatment plan or the level or kind of supervision as
determined by resource management services. In cases involving a
person transferred back to a correctional facility, disclosure shall be
made to clinical staff only.
(k)
(((l))) (k) To staff members of the protection and advocacy agency
or to staff members of a private, nonprofit corporation for the purpose
of protecting and advocating the rights of persons with mental
disorders or developmental disabilities. Resource management services
may limit the release of information to the name, birthdate, and county
of residence of the patient, information regarding whether the patient
was voluntarily admitted, or involuntarily committed, the date and
place of admission, placement, or commitment, the name and address of
a guardian of the patient, and the date and place of the guardian's
appointment. Any staff member who wishes to obtain additional
information shall notify the patient's resource management services in
writing of the request and of the resource management services' right
to object. The staff member shall send the notice by mail to the
guardian's address. If the guardian does not object in writing within
fifteen days after the notice is mailed, the staff member may obtain
the additional information. If the guardian objects in writing within
fifteen days after the notice is mailed, the staff member may not
obtain the additional information.
(((m))) (l) For purposes of coordinating health care, the
department may release without informed written consent of the patient,
information acquired for billing and collection purposes as described
in (b) of this subsection to all current treating providers of the
patient with prescriptive authority who have written a prescription for
the patient within the last twelve months. The department shall notify
the patient that billing and collection information has been released
to named providers, and provide the substance of the information
released and the dates of such release. The department shall not
release counseling, inpatient psychiatric hospitalization, or drug and
alcohol treatment information without a signed written release from the
client.
(3) Whenever federal law or federal regulations restrict the
release of information contained in the treatment records of any
patient who receives treatment for chemical dependency, the department
may restrict the release of the information as necessary to comply with
federal law and regulations.
NEW SECTION. Sec. 6 If any part of this act is found to be in
conflict with federal requirements that are a prescribed condition to
the allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and with
respect to the agencies directly affected, and this finding does not
affect the operation of the remainder of this act in its application to
the agencies concerned. Rules adopted under this act must meet federal
requirements that are a necessary condition to the receipt of federal
funds by the state."
SHB 1300 -
By Senators Hargrove, Stevens
ADOPTED 04/15/2009
On page 1, line 4 of the title, after "felony;" strike the remainder of the title and insert "amending RCW 71.05.020, 71.05.390, 71.05.445, and 71.05.630; adding a new section to chapter 71.05 RCW; and creating a new section."
EFFECT: Mental health treatment information may be requested if the requestor has reasonable suspicion that the offender will commit a crime of violation of community custody or parole in the near future, based on his or her current or recent past behavior.