1068-S AMH ROBE TANG 027

SHB 1068 - H AMD 15

By Representative Robertson

NOT ADOPTED 02/15/2023

On page 2, beginning on line 15, after "(a)" strike all material through "appeals" on line 36 and insert "When agreed to by the parties and the examination provider, any examination, except for psychiatric examinations and neuropsychological evaluations, ordered under this section, RCW 51.32.110, or by order of the department or board of industrial insurance appeals, may be recorded using video or audio recording equipment if: (i) the recording is done in an unobtrusive manner; (ii) the recording does not interfere with the examination; and (iii) the worker does not hold the recording equipment during the examination. Intent to record and agreements to record must be made in writing and communicated to all parties within 14 days prior to the examination date to avoid scheduling delays.

(b) Recordings made under this subsection are deemed confidential pursuant to RCW 51.28.070. An unedited recording of an examination must be kept in a secure location, and access to the recording is restricted to authorized individuals, including the worker or worker's representative, employer or employer's representative, the examiner or examiners, the department, and the board of industrial insurance appeals.

(c) The recording shall not be tampered with in any way, and any benefits received as a result of any material alteration of the recording by the worker or done on the worker's behalf may be subject to repayment pursuant to RCW 51.32.240.

(d) A record of who has viewed the recording and when the recording was viewed must be kept by the entity securing the recording and must be provided to all parties within 14 days of the viewing.

(e) The party requesting audio or video recording is responsible for the reasonable cost of the recording, unless otherwise ordered by the department or board of industrial insurance appeals.

(f) Prior to making a recording of an examination, the party recording shall attest in writing, on a form provided by the examination provider, that: (i) the party making the recording is making a recording to document the examination; (ii) the parties consent to the recording or were ordered to record the examination; (iii) there may be privacy and confidentiality concerns associated with the recording, including the potential for sensitive information about the worker’s health and medical history to be disclosed; and (iv) the examiner or examiners conducting the examination are not responsible for any privacy or confidentiality issues that may arise from the worker’s recording.

(g) The worker has the right to have one person, who is at least the age of majority and who is of the worker's choosing, to be present to observe all examinations, except for psychiatric examinations and neuropsychology evaluations, ordered under this section, RCW 51.32.110, or by the board of industrial insurance appeals"

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