S-1164.1

SENATE BILL 5786

State of Washington
66th Legislature
2019 Regular Session
BySenators Brown and Palumbo
AN ACT Relating to administrative efficiencies in research in public institutions of higher education; and amending RCW 42.48.010.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 42.48.010 and 2018 c 58 s 20 are each amended to read as follows:
For the purposes of this chapter, the following definitions apply:
(1) "Individually identifiable" means that a record contains information which reveals or can likely be associated with the identity of the person or persons to whom the record pertains.
(2) "Legally authorized representative" means a person legally authorized to give consent for the disclosure of personal records on behalf of a minor or a legally incompetent adult.
(3) "Personal record" means any information obtained or maintained by a state agency which refers to a person and which is declared exempt from public disclosure, confidential, or privileged under state or federal law.
(4) "Research" means a planned and systematic sociological, psychological, epidemiological, biomedical, or other scientific investigation carried out by a state agency, by a scientific research professional associated with a bona fide scientific research organization, or by a graduate student currently enrolled in an advanced academic degree curriculum, with an objective to contribute to scientific knowledge, the solution of social and health problems, or the evaluation of public benefit and service programs. This definition excludes methods of record analysis and data collection that are subjective, do not permit replication, and are not designed to yield reliable and valid results.
(5) "Research record" means an item or grouping of information obtained for the purpose of research from or about a person or extracted for the purpose of research from a personal record.
(6) "State agency" means: (a) The department of social and health services; (b) the department of corrections; (c) ((an institution of higher education as defined in RCW 28B.10.016; (d))) the department of health; or (((e)))(d) the department of children, youth, and families.
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