title: RCW 7.84.080

text:
(1) A hearing held for the purpose of contesting the determination that an infraction has been committed shall be without a jury.
(2) The court may consider the notice of infraction and any other written report made under oath submitted by the officer who issued the notice or whose written statement was the basis for the issuance of the notice in lieu of the officer's personal appearance at the hearing. The person named in the notice may subpoena witnesses, including the officer, and has the right to present evidence and examine witnesses present in court. The rules of evidence shall apply to contested hearings.
(3) The burden of proof is upon the state to establish the commission of the infraction by a preponderance of the evidence.
(4) After consideration of the evidence and argument, the court shall determine whether the infraction was committed. Where it has not been established that the infraction was committed, an order dismissing the notice shall be entered in the court's records. Where it has been established that the infraction was committed, the court may assess a monetary penalty not exceeding that provided for the infraction in the applicable court rule or statute and shall enter an appropriate order.
(5) An appeal from the court's determination or order shall be to the superior court. A defendant may appeal a judgment entered after a contested hearing finding that the defendant has committed the infraction. The plaintiff may appeal a decision which in effect abates, discontinues, or determines the case other than by a judgment that the defendant has not committed an infraction. No other orders or judgments are appealable by either party. The decision of the superior court is subject only to discretionary review pursuant to the rules of appellate procedure.
[ 1987 c 380 s 8.]

catchline: Hearing—Contesting determination that infraction committed—Appeal.


doc_type: statute

jurisdiction: wa

title: RCW 7.84.090

text:
(1) A hearing held for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of an infraction shall be an informal proceeding. The person may not subpoena witnesses. The determination that an infraction has been committed shall not be contested at a hearing held for the purpose of explaining mitigating circumstances.
(2) After the court has heard the explanation of the circumstances surrounding the commission of the infraction, it may assess a monetary penalty not exceeding that provided for the infraction in rules adopted pursuant to this chapter and shall enter an appropriate order.
(3) There may be no appeal from the court's determination or order.
[ 1987 c 380 s 9.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Hearing—Explanation of mitigating circumstances.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 7.84.100

text:
(1) A person found to have committed an infraction shall be assessed a monetary penalty. No penalty may exceed $500 for each offense unless specifically authorized by statute.
(2) The supreme court may prescribe by rule a schedule of monetary penalties for designated infractions. The legislature requests the supreme court to adjust this schedule every two years for inflation. Except as otherwise provided, the maximum penalty imposed by the schedule shall be $500 per infraction and the minimum penalty imposed by the schedule shall be $10 per infraction. This schedule may be periodically reviewed by the legislature and is subject to its revision.
(3) Penalties for violations of RCW 70A.200.060 that are natural resource infractions are as follows:
(a) Up to $250 for a person found liable of littering between one cubic foot and one cubic yard of material;
(b) Up to $750 for a person found liable of littering more than one cubic yard and less than seven cubic yards of material;
(c) Up to $1,000 for a person found liable of littering between seven and 10 cubic yards of material.
(4) Whenever a monetary penalty is imposed by a court under this chapter, it is immediately payable. If the person is unable to pay at that time, the court may, in its discretion, grant an extension of the period in which the penalty may be paid.
(5)(a) The county treasurer shall remit 75 percent of the money received under RCW 79A.80.080(5) to the state treasurer.
(b) Money remitted under this subsection to the state treasurer must be deposited in the recreation access pass account established under RCW 79A.80.090. The balance of the noninterest money received by the county treasurer must be deposited in the county current expense fund.
[ 2024 c 231 s 3; 2020 c 268 s 1; 2012 c 262 s 2; 1987 c 380 s 10.]
Notes:
Findings—2024 c 231: See note following RCW 70A.200.060.

catchline: Monetary penalties.


title: RCW 7.84.110

text:
(1) An order entered after the receipt of a response which does not contest the determination, or after it has been established at a hearing that the infraction was committed, or after a hearing for the purpose of explaining mitigating circumstances, is civil in nature.
(2) The court may, in its discretion, waive, reduce, or suspend the monetary penalty prescribed for the infraction. At the person's request, the court may order performance of a number of hours of community restitution in lieu of a monetary penalty, at the rate of the then state minimum wage per hour.
[ 2002 c 175 s 3; 1987 c 380 s 11.]
Notes:
Effective date—2002 c 175: See note following RCW 7.80.130.

catchline: Order of court—Civil nature—Modification of penalty—Community restitution.


title: RCW 7.84.120

text:
A court of limited jurisdiction having jurisdiction over an alleged infraction may issue process anywhere within the state.
[ 1987 c 380 s 12.]

catchline: Issuance of process.


title: RCW 7.84.130

text:
(1) Failure to pay a monetary penalty assessed by a court under the provisions of this chapter is a misdemeanor under chapter 9A.20 RCW.
(2) Failure to complete community restitution ordered by a court under the provisions of this chapter is a misdemeanor under chapter 9A.20 RCW.
[ 2002 c 175 s 4; 1987 c 380 s 13.]
Notes:
Effective date—2002 c 175: See note following RCW 7.80.130.

catchline: Failure to pay or complete community restitution—Penalty.


title: RCW 7.84.140

text:
(1) The director chosen by the state parks and recreation commission, the commissioner of public lands, and the director of the department of fish and wildlife are each authorized to delegate and accept enforcement authority over natural resource infractions to or from the other agencies through an agreement entered into under the interlocal cooperation act, chapter 39.34 RCW.
(2) Any person specified in RCW 70A.200.050 may initiate enforcement of RCW 70A.200.060 for those infractions that are natural resource infractions under this chapter, with or without an interlocal agreement under this section.
[ 2024 c 231 s 4; 2011 c 320 s 13.]
Notes:
Findings—2024 c 231: See note following RCW 70A.200.060.
Effective date—2011 c 320: See note following RCW 79A.80.005.
Findings—Intent—2011 c 320: See RCW 79A.80.005.

catchline: Authority to delegate or accept enforcement authority over natural resource infractions.


title: RCW 7.84.900

text:
This act shall take effect January 1, 1988.
[ 1987 c 380 s 21.]

catchline: Effective date—1987 c 380.


title: RCW 7.88.005

text:
The legislature finds and declares that efforts by financial institutions to comply voluntarily with state and federal statutory and regulatory requirements are vital to the public interest; that possible discovery and use in civil litigation of work produced in connection with such voluntary compliance efforts has an undesirable chilling effect on the use, scope, and effectiveness of voluntary compliance efforts by financial institutions; and that the public interest in encouraging aggressive voluntary compliance review outweighs the value of this work product in civil litigation.
[ 1997 c 435 s 1.]

catchline: Findings.


title: RCW 7.88.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Affiliate" means any person that controls, is controlled by, or is under common control with a financial institution.
(2) "Civil action" means a civil proceeding pending in a court or other adjudicatory tribunal with jurisdiction to issue a request or subpoena for records, including a voluntary or mandated alternative dispute resolution mechanism under which a party may compel the production of records. "Civil action" does not include an examination or enforcement proceeding initiated by a governmental agency with primary regulatory jurisdiction over a financial institution in possession of a compliance review document.
(3) "Compliance review personnel" means a person or persons assigned and directed by the board of directors or management of a financial institution or affiliate to conduct a compliance review, and any person engaged or assigned by compliance review personnel or by the board of directors or management to assist in a compliance review.
(4) "Compliance review" means a self-critical analysis conducted by compliance review personnel to test, review, or evaluate past conduct, transactions, policies, or procedures for the purpose of confidentially (a) ascertaining, monitoring, or remediating violations of applicable state and federal statutes, rules, regulations, or mandatory policies, statements, or guidelines, (b) assessing and improving loan quality, loan underwriting standards, or lending practices, or (c) assessing and improving financial reporting to federal or state regulatory agencies.
(5) "Compliance review document" means any record prepared or created by compliance review personnel in connection with a compliance review. "Compliance review document" includes any documents created or data generated in the course of conducting a compliance review, but does not include other underlying documents, data, or factual materials that are the subject of, or source materials for, the compliance review, including any documents in existence prior to the commencement of the compliance review that are not themselves compliance review documents related to a past compliance review.
(6) "Financial institution" means a bank, trust company, mutual savings bank, savings and loan association, or credit union authorized by federal or state law to accept deposits in this state.
(7) "Person" means an individual, group, committee, partnership, firm, association, corporation, limited liability company, or other entity, including a financial institution or affiliate and its agents, employees, legal counsel, auditors, and consultants.
[ 1997 c 435 s 2.]

catchline: Definitions.


title: RCW 7.88.020

text:
Except as provided in RCW 7.88.030:
(1) Compliance review documents are confidential and are not discoverable or admissible as evidence in any civil action.
(2) Compliance review personnel shall not be required to testify at deposition or trial in any civil action concerning the contents of or matters addressed in any compliance review or any compliance review documents, nor as to the actions or activities undertaken by or at the direction of the financial institution or affiliate in connection with a compliance review.
[ 1997 c 435 s 3.]

catchline: Compliance review document confidentiality—Civil actions—Immunity of compliance review personnel from compulsory testimony.


title: RCW 7.88.030

text:
RCW 7.88.020 does not:
(1) Limit the discovery or admissibility in any civil action of any documents that are not compliance review documents;
(2) Limit the discovery or admissibility of the testimony as to the identity of relevant witnesses or the identification of any relevant documents other than compliance review documents;
(3) Apply if the financial institution or affiliate expressly waives the privilege in writing;
(4) Apply if a compliance review document or matters learned in connection with a compliance review are voluntarily disclosed, but only to the extent of that disclosure, to a nonaffiliated third party other than a federal or state regulatory agency or legal counsel for or independent auditors of the financial institution or affiliate; or
(5) Apply to any information required by statute, rule, or federal regulation to be maintained by or provided to a governmental agency while the information is in the possession of the agency, to the extent applicable law authorizes its disclosure.
[ 1997 c 435 s 4.]

catchline: Compliance review document confidentiality—Exceptions.


title: RCW 7.88.040

text:
In a proceeding in which the privilege provided by this chapter is asserted, a court of competent jurisdiction may determine after in camera review that the privilege does not apply to any or all of the documents for which the privilege is claimed, and if so, the court may order the materials disclosed but shall protect from disclosure any other material in or related to compliance review documents or to activities of compliance review personnel to which the privilege does apply.
[ 1997 c 435 s 5.]

catchline: Court review of application of privilege—Disclosure order.


title: RCW 7.88.050

text:
This chapter does not limit, waive, or abrogate the scope or nature of any other statutory or common law privilege of this state or the United States, including the attorney-client privilege.
[ 1997 c 435 s 6.]

catchline: Other privileges not limited, waived, or abrogated.


title: RCW 7.96.010

text:
Since the United States supreme court recognized the First Amendment limitations on the common law tort of defamation and defamation-like torts, courts have struggled to achieve a balance between constitutionally protected guarantees of free expression and the need to protect citizens from reputational harm. Unlike personal injuries, harm to reputation can often be cured by means other than money damages. The correction or clarification of a published statement may restore a person's reputation more quickly and more thoroughly than a victorious lawsuit. The salutary effect of a correction or clarification is enhanced if it is published reasonably soon after a statement is made.
Chapter 294, Laws of 2013 seeks to provide strong incentives for individuals to promptly correct or clarify an alleged false statement as an alternative to costly litigation. The options created by chapter 294, Laws of 2013 provide an opportunity for a plaintiff who believes he or she has been harmed by a false statement to secure quick and complete vindication of his or her reputation. Chapter 294, Laws of 2013 provides publishers with a quick and cost-effective means of correcting or clarifying alleged mistakes and avoiding costly litigation.
[ 2013 c 294 s 1.]

catchline: Intent.


title: RCW 7.96.020

text:
The definition in this section applies throughout this chapter unless the context clearly requires otherwise.
"Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, or other legal or commercial entity. The term does not include a government or governmental subdivision, agency, or instrumentality.
[ 2013 c 294 s 2.]

catchline: Definition of "person."


title: RCW 7.96.030

text:
(1) This chapter applies to any claim for relief, however characterized, for damages arising out of harm caused by the false content of a publication that is published on or after July 28, 2013.
(2) This chapter applies to all publications, including writings, broadcasts, oral communications, electronic transmissions, or other forms of transmitting information.
[ 2013 c 294 s 3.]

catchline: Scope.


title: RCW 7.96.040

text:
(1) A person may maintain an action for defamation or another claim covered by this chapter only if:
(a) The person has made a timely and adequate request for correction or clarification from the defendant; or
(b) The defendant has made a correction or clarification.
(2) A request for correction or clarification is timely if made within the period of limitation for commencement of an action for defamation.
(3) A request for correction or clarification is adequate if it:
(a) Is made in writing and reasonably identifies the person making the request;
(b) Specifies with particularity the statement alleged to be false and defamatory or otherwise actionable and, to the extent known, the time and place of publication;
(c) Alleges the defamatory meaning of the statement;
(d) Specifies the circumstances giving rise to any defamatory meaning of the statement which arises from other than the express language of the publication; and
(e) States that the alleged defamatory meaning of the statement is false.
(4) In the absence of a previous adequate request, service of a summons and complaint stating a claim for defamation or another claim covered by this chapter and containing the information required in subsection (3) of this section constitutes an adequate request for correction or clarification.
(5) The period of limitation for commencement of a defamation action or another claim covered by this chapter is tolled during the period allowed in RCW 7.96.070(1) for responding to a request for correction or clarification.
[ 2013 c 294 s 4.]

catchline: Request for correction or clarification.


title: RCW 7.96.050

text:
(1) A person who has been requested to make a correction or clarification may ask the requester to disclose reasonably available information material to the falsity of the allegedly defamatory or otherwise actionable statement.
(2) If a correction or clarification is not made, a person who unreasonably fails to disclose the information after a request to do so may not recover damages for injury to reputation or presumed damages; however, the person may recover all other damages permitted by law.
[ 2013 c 294 s 5.]

catchline: Disclosure of evidence of falsity.


title: RCW 7.96.060

text:
If a timely and sufficient correction or clarification is made, a person may not recover damages for injury to reputation or presumed damages; however, the person may recover all other damages permitted by law.
[ 2013 c 294 s 6.]

catchline: Effect of correction or clarification.


title: RCW 7.96.070

text:
(1) A correction or clarification is timely if it is published before, or within thirty days after, receipt of a request for correction or clarification or of the information in RCW 7.96.050(1), whichever is later, unless the period is extended by written agreement of the parties.
(2) A correction or clarification is sufficient if it:
(a) Is published with a prominence and in a manner and medium reasonably likely to reach substantially the same audience as the publication complained of;
(b) Refers to the statement being corrected or clarified and:
(i) Corrects the statement;
(ii) In the case of defamatory or false meaning arising from other than the express language of the publication, disclaims an intent to communicate that meaning or to assert its truth; or
(iii) In the case of a statement attributed to another person, identifies the person and disclaims an intent to assert the truth of the statement;
(c) In advance of the publication, is provided to the person who has made a request for correction or clarification; and
(d) Accompanies and is an equally prominent part of any electronic publication of the allegedly defamatory or otherwise actionable statement by the publisher.
(3) A correction or clarification is published in a medium reasonably likely to reach substantially the same audience as the publication complained of if it is published in a later issue, edition, or broadcast of the original publication.
(4) If a later issue, edition, or broadcast of the original publication will not be published within the time limits established for a timely correction or clarification, a correction or clarification is published in a manner and medium reasonably likely to reach substantially the same audience as the publication complained of if:
(a) It is timely published in a reasonably prominent manner:
(i) In another medium likely to reach an audience reasonably equivalent to the original publication; or
(ii) If the parties cannot agree on another medium, in the newspaper with the largest general circulation in the region in which the original publication was distributed;
(b) Reasonable steps are taken to correct undistributed copies of the original publication, if any; and
(c) It is published in the next practicable issue, edition, or broadcast, if any, of the original publication.
(5) A correction or clarification is timely and sufficient if the parties agree in writing that it is timely and sufficient.
[ 2013 c 294 s 7.]

catchline: Timelines and sufficiency of correction or clarification.


title: RCW 7.96.080

text:
(1) If a defendant in an action governed by this chapter intends to rely on a timely and sufficient correction or clarification, the defendant's intention to do so, and the correction or clarification relied upon, must be set forth in a notice served on the plaintiff within sixty days after service of the summons and complaint or ten days after the correction or clarification is made, whichever is later.
(2) If a defendant in an action governed by this chapter intends to challenge the adequacy or timeliness of a request for correction or clarification, the defendant must set forth the challenge in a motion to declare the request inadequate or untimely served within sixty days after service of the summons and complaint. The court shall rule on the motion at the earliest appropriate time before trial.
[ 2013 c 294 s 8.]

catchline: Challenges to correction or clarification or to request for correction or clarification.


title: RCW 7.96.090

text:
(1) If a timely correction or clarification is no longer possible, the publisher of an alleged defamatory or otherwise actionable statement may offer, at any time before trial, to make a correction or clarification. The offer must be made in writing to the person allegedly harmed by the publication and:
(a) Contain the publisher's offer to:
(i) Publish, at the person's request, a sufficient correction or clarification; and
(ii) Pay the person's reasonable expenses of litigation, including attorneys' fees, incurred before publication of the correction or clarification; and
(b) Be accompanied by a copy of the proposed correction or clarification and the plan for its publication.
(2) If the person accepts in writing an offer to correct or clarify made pursuant to subsection (1) of this section:
(a) The person is barred from commencing an action against the publisher based on the statement; or
(b) If an action has been commenced, the court shall dismiss the action against the defendant with prejudice after the defendant complies with the terms of the offer.
(3) A person who does not accept an offer made in conformance with subsection (1) of this section may not recover damages for injury to reputation or presumed damages in an action based on the statement; however, the person may recover all other damages permitted by law, together with reasonable expenses of litigation, including attorneys' fees, incurred before the offer, unless the person failed to make a good faith attempt to request a correction or clarification in accordance with RCW 7.96.040 or failed to disclose information in accordance with RCW 7.96.050.
(4) On request of either party, a court shall promptly determine the sufficiency of the offered correction or clarification.
[ 2013 c 294 s 9.]

catchline: Offer to correct or clarify.


title: RCW 7.96.100

text:
A timely and sufficient correction or clarification made by a person responsible for a publication constitutes a correction or clarification made by all persons responsible for that publication other than a republisher. However, a correction or clarification that is sufficient only because of the operation of RCW 7.96.070(2)(b)(iii) does not constitute a correction or clarification made by the person to whom the statement is attributed.
[ 2013 c 294 s 10.]

catchline: Scope of protection.


title: RCW 7.96.900

text:
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
[ 2013 c 294 s 11.]

catchline: Uniformity of application and construction.


title: RCW 7.96.901

text:
This chapter may be known and cited as the uniform correction or clarification of defamation act.
[ 2013 c 294 s 12.]

catchline: Short title.


title: RCW 7.98.005

text:
The legislature finds that ensuring that all victims of crimes are able to access the protections available to them under law is in the best interest of victims, law enforcement, and the entire community. Immigrants are frequently reluctant to cooperate with or contact law enforcement when they are victims of crimes, and the protections available to immigrants under the law are designed to strengthen the ability of law enforcement agencies to detect, investigate, and prosecute cases of trafficking in persons, domestic violence, sexual assault, and other crimes while offering protection to such victims.
[ 2018 c 86 s 2.]

catchline: Finding.


title: RCW 7.98.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Certification" means any law enforcement certification or statement required by federal immigration law including, but not limited to, the information required by 8 U.S.C. Sec. 1184 (o) and (p), or any successor statutes regarding T or U nonimmigrant visas or their successor programs, including current United States citizenship and immigration services form I-914 supplement B or form I-918 supplement B, respectively, and any successor forms.
(2) "Certifying agency" means a state or local law enforcement agency, prosecutor, administrative judge, hearing office, or other authority that has responsibility for the investigation or prosecution of criminal activity. A certifying agency includes an agency that has investigative jurisdiction in its respective area of expertise including, but not limited to, the Washington state patrol, the Washington department of labor and industries, and the Washington department of social and health services.
(3) "Criminal activity" includes any activity that constitutes a crime as defined in RCW 7.69.020, for which the nature and elements of the offenses are substantially similar to the offenses described in 8 U.S.C. Sec. 1101(a)(15)(U), and the attempt, conspiracy, or solicitation to commit any of those offenses.
(4) "Law enforcement agency" means any agency in Washington that qualifies as a criminal justice agency under RCW 10.97.030(5) and is charged with the enforcement of state, county, municipal, or federal laws, or with managing custody of detained persons in the state, and includes municipal police departments, sheriff's departments, campus police departments, the Washington state patrol, and the juvenile justice rehabilitative administration.
(5) "Law enforcement official" means any officer or other agent of a state or local law enforcement agency authorized to enforce criminal statutes, regulations, or local ordinances.
(6) "Victim of criminal activity" means any individual who has: (a) Reported criminal activity to a law enforcement agency or certifying agency, or otherwise participated in the detection, investigation, or prosecution of criminal activity; and (b) suffered direct or proximate harm as a result of the commission of any criminal activity and may include, but is not limited to, an indirect victim, regardless of the direct victim's immigration or citizenship status, including the spouse, children under twenty-one years of age and, if the direct victim is under twenty-one years of age, parents, and unmarried siblings under eighteen years of age where the direct victim is deceased, incompetent, or incapacitated. Bystander victims must also be considered. More than one victim may be identified and provided with certification depending upon the circumstances. For purposes of this subsection, "incapacitated" means unable to interact with law enforcement agency or certifying agency personnel as a result of a cognitive impairment or other physical limitation, or because of physical restraint or disability or age, such as minors. This definition applies to this chapter only.
(7) "Victim of trafficking" means any individual who is or has been a victim of human trafficking, which includes, but is not limited to, the following acts: (a) Sex trafficking in which a commercial sex act was induced by force, fraud, or coercion; (b) sex trafficking and the victim was under the age of eighteen years; (c) recruiting, harboring, transportation of, providing, or obtaining a person for labor or services through the use of force, fraud, or coercion for subjection to involuntary servitude, peonage, debt bondage, or slavery; or (d) another act or circumstance involving human trafficking.
[ 2018 c 86 s 3.]

catchline: Definitions.


title: RCW 7.98.020

text:
(1) Upon the request by the victim or representative thereof including, but not limited to, the victim's attorney, accredited representative, or domestic violence, sexual assault, or victim's service provider, a certifying agency shall: (a) Make a determination on United States citizenship and immigration services form I-918 supplement B or relevant successor certification form, whether the victim was a victim of criminal activity and has been helpful, is being helpful, or is likely to be helpful to the detection or investigation or prosecution of that criminal activity; or (b) make a determination on United States citizenship and immigration services form I-914 supplement B or relevant successor certification form, whether the victim is or has been a victim of trafficking and, unless the victim is under the age of eighteen, whether he or she has complied with any reasonable requests from law enforcement in any related investigation or prosecution of the acts of trafficking in which he or she was a victim.
(2) Upon a certifying agency's affirmative determination under subsection (1) of this section, the certifying official shall fully complete and sign the certification, including, if applicable, the specific details regarding the nature of the crime investigated or prosecuted and a detailed description of the victim's helpfulness or likely helpfulness to the detection or investigation or prosecution of criminal activity.
(3) A certifying agency shall process the certification within ninety days of request, unless the victim is in federal immigration removal proceedings, in which case the certifying agency shall execute the certification no later than fourteen days after the request is received by the agency. In any case in which the victim or the victim's children would lose any benefits under 8 U.S.C. Sec. 1184 (o) and (p) by virtue of having reached the age of twenty-one years within ninety days after the certifying agency receives the certification request, the certifying agency shall execute the certification no later than fourteen days before the date on which the victim or child would reach the age of twenty-one years or ninety days from the date of the request, whichever is earlier. Requests for expedited certification must be affirmatively raised by the victim.
(4) A current investigation, the filing of charges, and a prosecution or conviction are not required for a victim to request and obtain the certification from a certifying official.
(5) A certifying agency may only withdraw the certification if the victim unreasonably refuses to provide information and assistance related to the investigation or prosecution of the associated criminal activity when reasonably requested by the certifying agency.
(6) The head of each certifying agency shall designate an agent, who performs a supervisory role within the agency, to perform the following responsibilities:
(a) Respond to requests for certifications;
(b) Provide outreach to victims of criminal activity and trafficking to inform them of the agency's certification process; and
(c) Keep written documentation regarding the number of victims who requested certifications, the number of certification forms that were signed, the number of certification forms that were denied, and the number of certifications that were withdrawn, which must be reported to the office of crime victims advocacy on an annual basis.
(7) All certifying agencies shall develop a language access protocol for limited English proficient and deaf or hard of hearing victims of criminal activity.
(8) A certifying agency shall reissue any certification within ninety days of receiving a request from the victim of criminal activity or trafficking or representative thereof including, but not limited to, the victim's attorney, accredited representative, or domestic violence, sexual assault, or victim's service provider.
(9) A certifying agency shall not disclose personal identifying information, or information regarding the citizenship or immigration status of any victim of criminal activity or trafficking who is requesting a certification unless required to do so by applicable federal law or court order, or unless the certifying agency has written authorization from the victim or, if the victim is a minor or is otherwise not legally competent, by the victim's parent or guardian. This subsection does not modify prosecutor or law enforcement obligations to disclose information and evidence to defendants under Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963), or Kyles v. Whitley, 514 U.S. 419, 115 S. Ct. 1555; 131 L. Ed. 2d 490 (1995), or any related Washington case law, statutes, or court rules.
(10) The Washington state criminal justice training commission, in collaboration with the office of crime victims advocacy and the crime victim certification steering committee, shall develop and adopt minimum standards for a course of study on U and T nonimmigrant visas, other legal protections for immigrant survivors of criminal activity, and promising practices in working with immigrant crime victims.
[ 2018 c 86 s 4.]

catchline: Crime victim certification—Certifying agencies.


title: RCW 7.98.030

text:
The office of crime victims advocacy shall convene a crime victim certification steering committee within ninety days of June 7, 2018. The office of crime victims advocacy shall provide administrative support for the committee. The committee must include members representing immigrant communities, law enforcement, prosecutors, the criminal justice training commission, providers of services to survivors of crime victims including domestic violence, sexual assault, human trafficking, and other crimes, a representative from the department of labor and industries charged with enforcement of workplace standards, and may include other entities concerned with victim safety and effective collaboration between immigrant communities and local law enforcement entities. The members of the committee shall serve without compensation. Members are reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060, subject to available resources and other limitations in chapter 43.03 RCW. The committee is responsible for the following:
(1) Monitoring compliance under this chapter;
(2) Developing and implementing training of law enforcement, prosecutors, victim advocates, state agency personnel, court personnel, and others about this chapter;
(3) Dissemination of information about this chapter to affected communities and the general public;
(4) Establishing mechanisms by which the public can report concerns and recommendations regarding implementation of this chapter;
(5) Identifying implementation issues and other trends, and providing recommendations to the governor and the legislature for addressing these issues;
(6) Other responsibilities relating to this chapter identified by the committee.
[ 2018 c 86 s 5.]

catchline: Crime victim certification steering committee.


title: RCW 7.98.900

text:
This act may be known and cited as the safety and access for immigrant victims act.
[ 2018 c 86 s 1.]

catchline: Short title—2018 c 86.


title: RCW 70.01.010

text:
In furtherance of the policy of this state to cooperate with the federal government in the public health programs, the department of health, the state board of health, and the health care authority shall adopt such rules as may become necessary to entitle this state to participate in federal funds unless expressly prohibited by law. Any section or provision of the public health laws of this state which may be susceptible to more than one construction shall be interpreted in favor of the construction most likely to satisfy federal laws entitling this state to receive federal funds for the various programs of public health.
[ 2011 1st sp.s. c 15 s 81; 2011 c 27 s 3; 1985 c 213 s 14; 1969 ex.s. c 25 s 1; 1967 ex.s. c 102 s 12.]
Notes:
Effective date—Findings—Intent—Report—Agency transfer—References to head of health care authority—Draft legislation—2011 1st sp.s. c 15: See notes following RCW 74.09.010.
Savings—Effective date—1985 c 213: See notes following RCW 43.20.050.
Severability—1967 ex.s. c 102: See note following RCW 43.70.130.

catchline: Cooperation with federal government—Construction.


title: RCW 70.01.020

text:
(1) Any person of the age of 18 years or over shall be eligible to donate blood, including donation through apheresis, in any voluntary and noncompensatory blood program without the necessity of obtaining parental permission or authorization.
(2) Any person between the ages of 16 and 17 years old shall be eligible to donate blood, including donation through apheresis, in any voluntary and noncompensatory blood program after obtaining parental or legal guardian permission or authorization.
[ 2021 c 16 s 1; 1969 c 51 s 1.]

catchline: Donation of blood by person sixteen or over—Parental consent.


title: RCW 70.01.030

text:
(1) Health care providers licensed under Title 18 RCW and health care facilities licensed under Title 70 RCW shall provide the following to a patient upon request:
(a) An estimate of fees and charges related to a specific service, visit, or stay; and
(b) Information regarding other types of fees or charges a patient may receive in conjunction with their visit to the provider or facility. Hospitals licensed under chapter 70.41 RCW may fulfill this requirement by providing a statement and contact information as described in RCW 70.41.400.
(2) Providers and facilities listed in subsection (1) of this section may, after disclosing estimated charges and fees to a patient, refer the patient to the patient's insurer, if applicable, for specific information on the insurer's charges and fees, any cost-sharing responsibilities required of the patient, and the network status of ancillary providers who may or may not share the same network status as the provider or facility.
(3) Except for hospitals licensed under chapter 70.41 RCW, providers and facilities listed in subsection (1) of this section shall post a sign in patient registration areas containing at least the following language: "Information about the estimated charges of your health services is available upon request. Please do not hesitate to ask for information."
[ 2009 c 529 s 1.]

catchline: Health care fees and charges—Estimate.


title: RCW 70.01.040

text:
(1) Prior to the delivery of nonemergency services, a provider-based clinic that charges a facility fee shall provide a notice to any patient that the clinic is licensed as part of the hospital and the patient may receive a separate charge or billing for the facility component, which may result in a higher out-of-pocket expense.
(2) Each health care facility must post prominently in locations easily accessible to and visible by patients, including its website, a statement that the provider-based clinic is licensed as part of the hospital and the patient may receive a separate charge or billing for the facility, which may result in a higher out-of-pocket expense.
(3) Nothing in this section applies to laboratory services, imaging services, or other ancillary health services not provided by staff employed by the health care facility.
(4) As part of the year-end financial reports submitted to the department of health pursuant to RCW 43.70.052, all hospitals with provider-based clinics that bill a separate facility fee shall report:
(a) The number of provider-based clinics owned or operated by the hospital that charge or bill a separate facility fee;
(b) The number of patient visits at each provider-based clinic for which a facility fee was charged or billed for the year;
(c) The revenue received by the hospital for the year by means of facility fees at each provider-based clinic; and
(d) The range of allowable facility fees paid by public or private payers at each provider-based clinic.
(5) For the purposes of this section:
(a) "Facility fee" means any separate charge or billing by a provider-based clinic in addition to a professional fee for physicians' services that is intended to cover building, electronic medical records systems, billing, and other administrative and operational expenses.
(b) "Provider-based clinic" means the site of an off-campus clinic or provider office that is owned by a hospital licensed under chapter 70.41 RCW or a health system that operates one or more hospitals licensed under chapter 70.41 RCW, is licensed as part of the hospital, and is primarily engaged in providing diagnostic and therapeutic care including medical history, physical examinations, assessment of health status, and treatment monitoring. This does not include clinics exclusively designed for and providing laboratory, X-ray, testing, therapy, pharmacy, or educational services and does not include facilities designated as rural health clinics.
[ 2021 c 162 s 4; 2012 c 184 s 1.]
Notes:
Effective date—2012 c 184: "This act takes effect January 1, 2013." [ 2012 c 184 s 2.]

catchline: Provider-based clinics that charge a facility fee—Posting of required notice—Reporting requirements.


title: RCW 70.01.050

text:
(1) The health care authority, in coordination with the department of health, must create and implement a campaign to educate breast cancer patients about the availability of insurance coverage for breast reconstruction and breast prostheses.
(2) The health care authority and department of health may create new educational materials or make available materials published by for-profit or nonprofit organizations. The materials must provide, at a minimum, all of the following:
(a) Information about the availability of breast reconstruction surgery following a mastectomy including that the breast reconstruction surgery may be performed at the time of a mastectomy or the breast reconstruction surgery may be delayed until a time after the mastectomy.
(b) Information about prostheses or breast forms as alternatives to breast reconstruction surgery.
(c) Information about the requirements of the women's health and cancer rights act of 1998 (P.L. 105-277) including the right to breast reconstruction surgery even if the surgery is delayed.
(3) The educational materials developed or made available under subsection (2) of this section must be distributed by the office of the insurance commissioner and the health care authority to people receiving their services. Distribution may be accomplished through current methods used to inform consumers including posting information online and other methods developed or used by the office of the insurance commissioner and the health care authority.
(4) The department of health must also make the educational materials developed or made available under subsection (2) of this section available to health care professionals for distribution to patients who may qualify for breast reconstruction surgery following a mastectomy. This may be accomplished through current methods used by the department to provide health care professionals with informational materials, including making them available online.
(5) This section does not create a private right of action.
[ 2017 c 91 s 1.]

catchline: Breast cancer—Breast reconstruction and prostheses—Education campaign.


title: RCW 70.01.060

text:
By December 1, 2020, the department of health shall make available on its website links to existing information related to the condition commonly known as "diabulimia," an eating disorder associated with individuals with type 1 diabetes.
[ 2020 c 267 s 2.]
Notes:
Findings—2020 c 267: "Research indicates a higher prevalence of eating disorders among people with diabetes, as compared to their peers without diabetes. Eating disorders and disordered eating behaviors, especially insulin omission, are associated with poorer glycemic control and serious risk for increased morbidity and mortality." [ 2020 c 267 s 1.]
Short title—2020 c 267: "This act shall be known and may be cited as Alyssa's law." [ 2020 c 267 s 3.]

catchline: Eating disorder—Diabetes—Public information availability.


title: RCW 70.01.070

text:
(1) The department of health and the department of social and health services shall develop a report and guidelines on epidemic disease preparedness and response for long-term care facilities. In developing the report and guidelines, the department of health and the department of social and health services shall consult with interested stakeholders, including but not limited to:
(a) Local health jurisdictions;
(b) Advocates for consumers of long-term care;
(c) Associations representing long-term care facility providers; and
(d) The office of the state long-term care ombuds.
(2) The report must identify best practices and lessons learned about containment and mitigation strategies for controlling the spread of the infectious agent. At a minimum, the report must consider:
(a) Visitation policies that balance the psychosocial and physical health of residents;
(b) Timely and adequate access to personal protective equipment and other infection control supplies so that employees in long-term care facilities are prioritized for distribution in the event of supply shortages;
(c) Admission and discharge policies and standards; and
(d) Rapid and accurate testing to identify infectious outbreaks for:
(i) Resident cohorting and treatment;
(ii) Contact tracing purposes; and
(iii) Protecting the health and well-being of residents and employees.
(3) In developing the report, the department of health and the department of social and health services shall work with the stakeholders identified in subsection (1) of this section to:
(a) Ensure that any corresponding federal rules and guidelines take precedence over the state guidelines;
(b) Avoid conflict between federal requirements and state guidelines;
(c) Develop a timeline for implementing the guidelines and a process for communicating the guidelines to long-term care facilities, local health jurisdictions, and other interested stakeholders in a clear and timely manner;
(d) Consider options for targeting available resources towards infection control when epidemic disease outbreaks occur in long-term care facilities;
(e) Establish methods for ensuring that epidemic preparedness and response guidelines are consistently applied across all local health jurisdictions and long-term care facilities in Washington state. This may include recommendations to the legislature for any needed statutory changes;
(f) Develop a process for maintaining and updating epidemic preparedness and response guidelines as necessary; and
(g) Ensure appropriate considerations for each unique provider type.
(4) By December 1, 2021, the department of health and the department of social and health services shall provide a draft report and guidelines on COVID-19 as outlined in subsection (2) of this section to the health care committees of the legislature.
(5) By July 1, 2022, the department of health and the department of social and health services shall finalize the report and guidelines on COVID-19 and provide the report to the health care committees of the legislature.
(6) Beginning December 1, 2022, and annually thereafter, the department of health and the department of social and health services shall:
(a) Review the report and any corresponding guidelines;
(b) Make any necessary changes regarding COVID-19 and add information about any emerging epidemic of public health concern; and
(c) Provide the updated report and guidelines to the health care committees of the legislature. When providing the updated guidelines to the legislature, the department of health and the department of social and health services may include recommendations to the legislature for any needed statutory changes.
(7) For purposes of this section, "long-term care facilities" includes:
(a) Licensed skilled nursing facilities, assisted living facilities, adult family homes, and enhanced services facilities;
(b) Certified community residential services and supports; and
(c) Registered continuing care retirement communities.
[ 2021 c 159 s 30.]
Notes:
Findings—2021 c 159: See note following RCW 18.20.520.

catchline: Report and guidelines on epidemic disease preparedness and response.


title: RCW 70.02.005

text:
The legislature finds that:
(1) Health care information is personal and sensitive information that if improperly used or released may do significant harm to a patient's interests in privacy, health care, or other interests.
(2) Patients need access to their own health care information as a matter of fairness to enable them to make informed decisions about their health care and correct inaccurate or incomplete information about themselves.
(3) In order to retain the full trust and confidence of patients, health care providers have an interest in assuring that health care information is not improperly disclosed and in having clear and certain rules for the disclosure of health care information.
(4) Persons other than health care providers obtain, use, and disclose health record information in many different contexts and for many different purposes. It is the public policy of this state that a patient's interest in the proper use and disclosure of the patient's health care information survives even when the information is held by persons other than health care providers.
(5) The movement of patients and their health care information across state lines, access to and exchange of health care information from automated data banks, and the emergence of multistate health care providers creates a compelling need for uniform law, rules, and procedures governing the use and disclosure of health care information.
[ 1991 c 335 s 101.]

catchline: Findings.


title: RCW 70.02.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Admission" has the same meaning as in RCW 71.05.020.
(2) "Audit" means an assessment, evaluation, determination, or investigation of a health care provider by a person not employed by or affiliated with the provider to determine compliance with:
(a) Statutory, regulatory, fiscal, medical, or scientific standards;
(b) A private or public program of payments to a health care provider; or
(c) Requirements for licensing, accreditation, or certification.
(3) "Authority" means the Washington state health care authority.
(4) "Commitment" has the same meaning as in RCW 71.05.020.
(5) "Custody" has the same meaning as in RCW 71.05.020.
(6) "Deidentified" means health information that does not identify an individual and with respect to which there is no reasonable basis to believe that the information can be used to identify an individual.
(7) "Department" means the department of social and health services.
(8) "Designated crisis responder" has the same meaning as in RCW 71.05.020 or 71.34.020, as applicable.
(9) "Detention" or "detain" has the same meaning as in RCW 71.05.020.
(10) "Directory information" means information disclosing the presence, and for the purpose of identification, the name, location within a health care facility, and the general health condition of a particular patient who is a patient in a health care facility or who is currently receiving emergency health care in a health care facility.
(11) "Discharge" has the same meaning as in RCW 71.05.020.
(12) "Evaluation and treatment facility" has the same meaning as in RCW 71.05.020 or 71.34.020, as applicable.
(13) "Federal, state, or local law enforcement authorities" means an officer of any agency or authority in the United States, a state, a tribe, a territory, or a political subdivision of a state, a tribe, or a territory who is empowered by law to: (a) Investigate or conduct an official inquiry into a potential criminal violation of law; or (b) prosecute or otherwise conduct a criminal proceeding arising from an alleged violation of law.
(14) "General health condition" means the patient's health status described in terms of "critical," "poor," "fair," "good," "excellent," or terms denoting similar conditions.
(15) "Health care" means any care, service, or procedure provided by a health care provider:
(a) To diagnose, treat, or maintain a patient's physical or mental condition; or
(b) That affects the structure or any function of the human body.
(16) "Health care facility" means a hospital, clinic, nursing home, laboratory, office, or similar place where a health care provider provides health care to patients.
(17) "Health care information" means any information, whether oral or recorded in any form or medium, that identifies or can readily be associated with the identity of a patient and directly relates to the patient's health care, including a patient's deoxyribonucleic acid and identified sequence of chemical base pairs. The term includes any required accounting of disclosures of health care information.
(18) "Health care operations" means any of the following activities of a health care provider, health care facility, or third-party payor to the extent that the activities are related to functions that make an entity a health care provider, a health care facility, or a third-party payor:
(a) Conducting: Quality assessment and improvement activities, including outcomes evaluation and development of clinical guidelines, if the obtaining of generalizable knowledge is not the primary purpose of any studies resulting from such activities; population-based activities relating to improving health or reducing health care costs, protocol development, case management and care coordination, contacting of health care providers and patients with information about treatment alternatives; and related functions that do not include treatment;
(b) Reviewing the competence or qualifications of health care professionals, evaluating practitioner and provider performance and third-party payor performance, conducting training programs in which students, trainees, or practitioners in areas of health care learn under supervision to practice or improve their skills as health care providers, training of nonhealth care professionals, accreditation, certification, licensing, or credentialing activities;
(c) Underwriting, premium rating, and other activities relating to the creation, renewal, or replacement of a contract of health insurance or health benefits, and ceding, securing, or placing a contract for reinsurance of risk relating to claims for health care, including stop-loss insurance and excess of loss insurance, if any applicable legal requirements are met;
(d) Conducting or arranging for medical review, legal services, and auditing functions, including fraud and abuse detection and compliance programs;
(e) Business planning and development, such as conducting cost-management and planning-related analyses related to managing and operating the health care facility or third-party payor, including formulary development and administration, development, or improvement of methods of payment or coverage policies; and
(f) Business management and general administrative activities of the health care facility, health care provider, or third-party payor including, but not limited to:
(i) Management activities relating to implementation of and compliance with the requirements of this chapter;
(ii) Customer service, including the provision of data analyses for policyholders, plan sponsors, or other customers, provided that health care information is not disclosed to such policyholder, plan sponsor, or customer;
(iii) Resolution of internal grievances;
(iv) The sale, transfer, merger, or consolidation of all or part of a health care provider, health care facility, or third-party payor with another health care provider, health care facility, or third-party payor or an entity that following such activity will become a health care provider, health care facility, or third-party payor, and due diligence related to such activity; and
(v) Consistent with applicable legal requirements, creating deidentified health care information or a limited data set for the benefit of the health care provider, health care facility, or third-party payor.
(19) "Health care provider" means a person who is licensed, certified, registered, or otherwise authorized by the law of this state to provide health care in the ordinary course of business or practice of a profession.
(20) "Human immunodeficiency virus" or "HIV" has the same meaning as in RCW 70.24.017.
(21) "Imminent" has the same meaning as in RCW 71.05.020.
(22) "Indian health care provider" has the same meaning as in RCW 43.71B.010(11).
(23) "Information and records related to mental health services" means a type of health care information that relates to all information and records compiled, obtained, or maintained in the course of providing services by a mental health service agency or mental health professional to persons who are receiving or have received services for mental illness. The term includes mental health information contained in a medical bill, registration records, and all other records regarding the person maintained by the department, by the authority, by behavioral health administrative services organizations and their staff, managed care organizations contracted with the authority under chapter 74.09 RCW and their staff, and by treatment facilities. The term further includes documents of legal proceedings under chapter 71.05, 71.34, or 10.77 RCW, or somatic health care information. For health care information maintained by a hospital as defined in RCW 70.41.020 or a health care facility or health care provider that participates with a hospital in an organized health care arrangement defined under federal law, "information and records related to mental health services" is limited to information and records of services provided by a mental health professional or information and records of services created by a hospital-operated community behavioral health program as defined in RCW 71.24.025. The term does not include psychotherapy notes.
(24) "Information and records related to sexually transmitted diseases" means a type of health care information that relates to the identity of any person upon whom an HIV antibody test or other sexually transmitted infection test is performed, the results of such tests, and any information relating to diagnosis of or treatment for any confirmed sexually transmitted infections.
(25) "Institutional review board" means any board, committee, or other group formally designated by an institution, or authorized under federal or state law, to review, approve the initiation of, or conduct periodic review of research programs to assure the protection of the rights and welfare of human research subjects.
(26) "Legal counsel" has the same meaning as in RCW 71.05.020.
(27) "Local public health officer" has the same meaning as the term "local health officer" as defined in RCW 70.24.017.
(28) "Maintain," as related to health care information, means to hold, possess, preserve, retain, store, or control that information.
(29) "Managed care organization" has the same meaning as provided in RCW 71.24.025.
(30) "Mental health professional" means a psychiatrist, psychologist, psychiatric advanced registered nurse practitioner, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary of health under chapter 71.05 RCW, whether that person works in a private or public setting.
(31) "Mental health service agency" means a public or private agency that provides services to persons with mental disorders as defined under RCW 71.05.020 or 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 behavioral health programs, as defined in RCW 71.24.025, and facilities conducting competency evaluations and restoration under chapter 10.77 RCW.
(32) "Minor" has the same meaning as in RCW 71.34.020.
(33) "Parent" has the same meaning as in RCW 71.34.020.
(34) "Patient" means an individual who receives or has received health care. The term includes a deceased individual who has received health care.
(35) "Payment" means:
(a) The activities undertaken by:
(i) A third-party payor to obtain premiums or to determine or fulfill its responsibility for coverage and provision of benefits by the third-party payor; or
(ii) A health care provider, health care facility, or third-party payor, to obtain or provide reimbursement for the provision of health care; and
(b) The activities in (a) of this subsection that relate to the patient to whom health care is provided and that include, but are not limited to:
(i) Determinations of eligibility or coverage, including coordination of benefits or the determination of cost-sharing amounts, and adjudication or subrogation of health benefit claims;
(ii) Risk adjusting amounts due based on enrollee health status and demographic characteristics;
(iii) Billing, claims management, collection activities, obtaining payment under a contract for reinsurance, including stop-loss insurance and excess of loss insurance, and related health care data processing;
(iv) Review of health care services with respect to medical necessity, coverage under a health plan, appropriateness of care, or justification of charges;
(v) Utilization review activities, including precertification and preauthorization of services, and concurrent and retrospective review of services; and
(vi) Disclosure to consumer reporting agencies of any of the following health care information relating to collection of premiums or reimbursement:
(A) Name and address;
(B) Date of birth;
(C) Social security number;
(D) Payment history;
(E) Account number; and
(F) Name and address of the health care provider, health care facility, and/or third-party payor.
(36) "Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
(37) "Professional person" has the same meaning as in RCW 71.05.020.
(38) "Psychiatric advanced registered nurse practitioner" has the same meaning as in RCW 71.05.020.
(39) "Psychotherapy notes" means notes recorded, in any medium, by a mental health professional documenting or analyzing the contents of conversations during a private counseling session or group, joint, or family counseling session, and that are separated from the rest of the individual's medical record. The term excludes mediation [medication] prescription and monitoring, counseling session start and stop times, the modalities and frequencies of treatment furnished, results of clinical tests, and any summary of the following items: Diagnosis, functional status, the treatment plan, symptoms, prognosis, and progress to date.
(40) "Reasonable fee" means the charges for duplicating or searching the record, but shall not exceed 65 cents per page for the first 30 pages and 50 cents per page for all other pages. In addition, a clerical fee for searching and handling may be charged not to exceed $15. These amounts shall be adjusted biennially in accordance with changes in the consumer price index, all consumers, for Seattle-Tacoma metropolitan statistical area as determined by the secretary of health. However, where editing of records by a health care provider is required by statute and is done by the provider personally, the fee may be the usual and customary charge for a basic office visit.
(41) "Release" has the same meaning as in RCW 71.05.020.
(42) "Resource management services" has the same meaning as in RCW 71.05.020.
(43) "Serious violent offense" has the same meaning as in RCW 9.94A.030.
(44) "Sexually transmitted infection" or "sexually transmitted disease" has the same meaning as "sexually transmitted disease" in RCW 70.24.017.
(45) "Test for a sexually transmitted disease" has the same meaning as in RCW 70.24.017.
(46) "Third-party payor" means an insurer regulated under Title 48 RCW authorized to transact business in this state or other jurisdiction, including a health care service contractor, and health maintenance organization; or an employee welfare benefit plan, excluding fitness or wellness plans; or a state or federal health benefit program.
(47) "Treatment" means the provision, coordination, or management of health care and related services by one or more health care providers or health care facilities, including the coordination or management of health care by a health care provider or health care facility with a third party; consultation between health care providers or health care facilities relating to a patient; or the referral of a patient for health care from one health care provider or health care facility to another.
(48) "Tribal public health authority" means a tribe that is responsible for public health matters as a part of its official mandate.
(49) "Tribal public health officer" means the individual appointed as the health officer for the tribe.
(50) "Tribe" has the same meaning as in RCW 71.24.025.
[ 2024 c 209 s 31. Prior: 2020 c 302 s 112; 2020 c 256 s 401; 2019 c 325 s 5019; 2018 c 201 s 8001; 2016 sp.s. c 29 s 416; prior: 2014 c 225 s 70; 2014 c 220 s 4; 2013 c 200 s 1; 2006 c 235 s 2; 2005 c 468 s 1; 2002 c 318 s 1; 1993 c 448 s 1; 1991 c 335 s 102.]
Notes:
Reviser's note: For charges or fees under subsection (40) of this section as adjusted by the secretary of health, see chapter 246-08 WAC.
Effective date—2019 c 325: See note following RCW 71.24.011.
Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
Effective dates—2016 sp.s. c 29: See note following RCW 71.05.760.
Short title—Right of action—2016 sp.s. c 29: See notes following RCW 71.05.010.
Effective date—2014 c 225: See note following RCW 71.24.016.
Effective date—2014 c 220: See note following RCW 70.02.290.
Effective date—2013 c 200: "Except for section 5 of this act, this act takes effect July 1, 2014." [ 2013 c 200 s 35.]
Purpose—Effective date—2006 c 235: See notes following RCW 70.02.050.
Effective date—1993 c 448: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993." [ 1993 c 448 s 9.]
PDF
RCW 70.02.010
Definitions. (Effective June 30, 2027.)
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Admission" has the same meaning as in RCW 71.05.020.
(2) "Audit" means an assessment, evaluation, determination, or investigation of a health care provider by a person not employed by or affiliated with the provider to determine compliance with:
(a) Statutory, regulatory, fiscal, medical, or scientific standards;
(b) A private or public program of payments to a health care provider; or
(c) Requirements for licensing, accreditation, or certification.
(3) "Authority" means the Washington state health care authority.
(4) "Commitment" has the same meaning as in RCW 71.05.020.
(5) "Custody" has the same meaning as in RCW 71.05.020.
(6) "Deidentified" means health information that does not identify an individual and with respect to which there is no reasonable basis to believe that the information can be used to identify an individual.
(7) "Department" means the department of social and health services.
(8) "Designated crisis responder" has the same meaning as in RCW 71.05.020 or 71.34.020, as applicable.
(9) "Detention" or "detain" has the same meaning as in RCW 71.05.020.
(10) "Directory information" means information disclosing the presence, and for the purpose of identification, the name, location within a health care facility, and the general health condition of a particular patient who is a patient in a health care facility or who is currently receiving emergency health care in a health care facility.
(11) "Discharge" has the same meaning as in RCW 71.05.020.
(12) "Evaluation and treatment facility" has the same meaning as in RCW 71.05.020 or 71.34.020, as applicable.
(13) "Federal, state, or local law enforcement authorities" means an officer of any agency or authority in the United States, a state, a tribe, a territory, or a political subdivision of a state, a tribe, or a territory who is empowered by law to: (a) Investigate or conduct an official inquiry into a potential criminal violation of law; or (b) prosecute or otherwise conduct a criminal proceeding arising from an alleged violation of law.
(14) "General health condition" means the patient's health status described in terms of "critical," "poor," "fair," "good," "excellent," or terms denoting similar conditions.
(15) "Health care" means any care, service, or procedure provided by a health care provider:
(a) To diagnose, treat, or maintain a patient's physical or mental condition; or
(b) That affects the structure or any function of the human body.
(16) "Health care facility" means a hospital, clinic, nursing home, laboratory, office, or similar place where a health care provider provides health care to patients.
(17) "Health care information" means any information, whether oral or recorded in any form or medium, that identifies or can readily be associated with the identity of a patient and directly relates to the patient's health care, including a patient's deoxyribonucleic acid and identified sequence of chemical base pairs. The term includes any required accounting of disclosures of health care information.
(18) "Health care operations" means any of the following activities of a health care provider, health care facility, or third-party payor to the extent that the activities are related to functions that make an entity a health care provider, a health care facility, or a third-party payor:
(a) Conducting: Quality assessment and improvement activities, including outcomes evaluation and development of clinical guidelines, if the obtaining of generalizable knowledge is not the primary purpose of any studies resulting from such activities; population-based activities relating to improving health or reducing health care costs, protocol development, case management and care coordination, contacting of health care providers and patients with information about treatment alternatives; and related functions that do not include treatment;
(b) Reviewing the competence or qualifications of health care professionals, evaluating practitioner and provider performance and third-party payor performance, conducting training programs in which students, trainees, or practitioners in areas of health care learn under supervision to practice or improve their skills as health care providers, training of nonhealth care professionals, accreditation, certification, licensing, or credentialing activities;
(c) Underwriting, premium rating, and other activities relating to the creation, renewal, or replacement of a contract of health insurance or health benefits, and ceding, securing, or placing a contract for reinsurance of risk relating to claims for health care, including stop-loss insurance and excess of loss insurance, if any applicable legal requirements are met;
(d) Conducting or arranging for medical review, legal services, and auditing functions, including fraud and abuse detection and compliance programs;
(e) Business planning and development, such as conducting cost-management and planning-related analyses related to managing and operating the health care facility or third-party payor, including formulary development and administration, development, or improvement of methods of payment or coverage policies; and
(f) Business management and general administrative activities of the health care facility, health care provider, or third-party payor including, but not limited to:
(i) Management activities relating to implementation of and compliance with the requirements of this chapter;
(ii) Customer service, including the provision of data analyses for policyholders, plan sponsors, or other customers, provided that health care information is not disclosed to such policyholder, plan sponsor, or customer;
(iii) Resolution of internal grievances;
(iv) The sale, transfer, merger, or consolidation of all or part of a health care provider, health care facility, or third-party payor with another health care provider, health care facility, or third-party payor or an entity that following such activity will become a health care provider, health care facility, or third-party payor, and due diligence related to such activity; and
(v) Consistent with applicable legal requirements, creating deidentified health care information or a limited data set for the benefit of the health care provider, health care facility, or third-party payor.
(19) "Health care provider" means a person who is licensed, certified, registered, or otherwise authorized by the law of this state to provide health care in the ordinary course of business or practice of a profession.
(20) "Human immunodeficiency virus" or "HIV" has the same meaning as in RCW 70.24.017.
(21) "Imminent" has the same meaning as in RCW 71.05.020.
(22) "Indian health care provider" has the same meaning as in RCW 43.71B.010(11).
(23) "Information and records related to mental health services" means a type of health care information that relates to all information and records compiled, obtained, or maintained in the course of providing services by a mental health service agency or mental health professional to persons who are receiving or have received services for mental illness. The term includes mental health information contained in a medical bill, registration records, and all other records regarding the person maintained by the department, by the authority, by behavioral health administrative services organizations and their staff, managed care organizations contracted with the authority under chapter 74.09 RCW and their staff, and by treatment facilities. The term further includes documents of legal proceedings under chapter 71.05, 71.34, or 10.77 RCW, or somatic health care information. For health care information maintained by a hospital as defined in RCW 70.41.020 or a health care facility or health care provider that participates with a hospital in an organized health care arrangement defined under federal law, "information and records related to mental health services" is limited to information and records of services provided by a mental health professional or information and records of services created by a hospital-operated community behavioral health program as defined in RCW 71.24.025. The term does not include psychotherapy notes.
(24) "Information and records related to sexually transmitted diseases" means a type of health care information that relates to the identity of any person upon whom an HIV antibody test or other sexually transmitted infection test is performed, the results of such tests, and any information relating to diagnosis of or treatment for any confirmed sexually transmitted infections.
(25) "Institutional review board" means any board, committee, or other group formally designated by an institution, or authorized under federal or state law, to review, approve the initiation of, or conduct periodic review of research programs to assure the protection of the rights and welfare of human research subjects.
(26) "Legal counsel" has the same meaning as in RCW 71.05.020.
(27) "Local public health officer" has the same meaning as the term "local health officer" as defined in RCW 70.24.017.
(28) "Maintain," as related to health care information, means to hold, possess, preserve, retain, store, or control that information.
(29) "Managed care organization" has the same meaning as provided in RCW 71.24.025.
(30) "Mental health professional" means a psychiatrist, psychologist, psychiatric advanced practice registered nurse, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary of health under chapter 71.05 RCW, whether that person works in a private or public setting.
(31) "Mental health service agency" means a public or private agency that provides services to persons with mental disorders as defined under RCW 71.05.020 or 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 behavioral health programs, as defined in RCW 71.24.025, and facilities conducting competency evaluations and restoration under chapter 10.77 RCW.
(32) "Minor" has the same meaning as in RCW 71.34.020.
(33) "Parent" has the same meaning as in RCW 71.34.020.
(34) "Patient" means an individual who receives or has received health care. The term includes a deceased individual who has received health care.
(35) "Payment" means:
(a) The activities undertaken by:
(i) A third-party payor to obtain premiums or to determine or fulfill its responsibility for coverage and provision of benefits by the third-party payor; or
(ii) A health care provider, health care facility, or third-party payor, to obtain or provide reimbursement for the provision of health care; and
(b) The activities in (a) of this subsection that relate to the patient to whom health care is provided and that include, but are not limited to:
(i) Determinations of eligibility or coverage, including coordination of benefits or the determination of cost-sharing amounts, and adjudication or subrogation of health benefit claims;
(ii) Risk adjusting amounts due based on enrollee health status and demographic characteristics;
(iii) Billing, claims management, collection activities, obtaining payment under a contract for reinsurance, including stop-loss insurance and excess of loss insurance, and related health care data processing;
(iv) Review of health care services with respect to medical necessity, coverage under a health plan, appropriateness of care, or justification of charges;
(v) Utilization review activities, including precertification and preauthorization of services, and concurrent and retrospective review of services; and
(vi) Disclosure to consumer reporting agencies of any of the following health care information relating to collection of premiums or reimbursement:
(A) Name and address;
(B) Date of birth;
(C) Social security number;
(D) Payment history;
(E) Account number; and
(F) Name and address of the health care provider, health care facility, and/or third-party payor.
(36) "Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
(37) "Professional person" has the same meaning as in RCW 71.05.020.
(38) "Psychiatric advanced practice registered nurse" has the same meaning as in *RCW 71.05.020.
(39) "Psychotherapy notes" means notes recorded, in any medium, by a mental health professional documenting or analyzing the contents of conversations during a private counseling session or group, joint, or family counseling session, and that are separated from the rest of the individual's medical record. The term excludes mediation [medication] prescription and monitoring, counseling session start and stop times, the modalities and frequencies of treatment furnished, results of clinical tests, and any summary of the following items: Diagnosis, functional status, the treatment plan, symptoms, prognosis, and progress to date.
(40) "Reasonable fee" means the charges for duplicating or searching the record, but shall not exceed 65 cents per page for the first 30 pages and 50 cents per page for all other pages. In addition, a clerical fee for searching and handling may be charged not to exceed $15. These amounts shall be adjusted biennially in accordance with changes in the consumer price index, all consumers, for Seattle-Tacoma metropolitan statistical area as determined by the secretary of health. However, where editing of records by a health care provider is required by statute and is done by the provider personally, the fee may be the usual and customary charge for a basic office visit.
(41) "Release" has the same meaning as in RCW 71.05.020.
(42) "Resource management services" has the same meaning as in RCW 71.05.020.
(43) "Serious violent offense" has the same meaning as in RCW 9.94A.030.
(44) "Sexually transmitted infection" or "sexually transmitted disease" has the same meaning as "sexually transmitted disease" in RCW 70.24.017.
(45) "Test for a sexually transmitted disease" has the same meaning as in RCW 70.24.017.
(46) "Third-party payor" means an insurer regulated under Title 48 RCW authorized to transact business in this state or other jurisdiction, including a health care service contractor, and health maintenance organization; or an employee welfare benefit plan, excluding fitness or wellness plans; or a state or federal health benefit program.
(47) "Treatment" means the provision, coordination, or management of health care and related services by one or more health care providers or health care facilities, including the coordination or management of health care by a health care provider or health care facility with a third party; consultation between health care providers or health care facilities relating to a patient; or the referral of a patient for health care from one health care provider or health care facility to another.
(48) "Tribal public health authority" means a tribe that is responsible for public health matters as a part of its official mandate.
(49) "Tribal public health officer" means the individual appointed as the health officer for the tribe.
(50) "Tribe" has the same meaning as in RCW 71.24.025.
[ 2025 c 58 s 5128; 2024 c 209 s 31. Prior: 2020 c 302 s 112; 2020 c 256 s 401; 2019 c 325 s 5019; 2018 c 201 s 8001; 2016 sp.s. c 29 s 416; prior: 2014 c 225 s 70; 2014 c 220 s 4; 2013 c 200 s 1; 2006 c 235 s 2; 2005 c 468 s 1; 2002 c 318 s 1; 1993 c 448 s 1; 1991 c 335 s 102.]
Notes:
Reviser's note: *(1) RCW 71.05.020 does not define "psychiatric advanced practice registered nurse," but does define "psychiatric advanced registered nurse practitioner." The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
(2) For charges or fees under subsection (40) of this section as adjusted by the secretary of health, see chapter 246-08 WAC.
Effective date—2025 c 58 ss 5058-5170: See note following RCW 7.68.030.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Effective date—2019 c 325: See note following RCW 71.24.011.
Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
Effective dates—2016 sp.s. c 29: See note following RCW 71.05.760.
Short title—Right of action—2016 sp.s. c 29: See notes following RCW 71.05.010.
Effective date—2014 c 225: See note following RCW 71.24.016.
Effective date—2014 c 220: See note following RCW 70.02.290.
Effective date—2013 c 200: "Except for section 5 of this act, this act takes effect July 1, 2014." [ 2013 c 200 s 35.]
Purpose—Effective date—2006 c 235: See notes following RCW 70.02.050.
Effective date—1993 c 448: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993." [ 1993 c 448 s 9.]

catchline: Definitions. (Effective until June 30, 2027.)


title: RCW 70.02.020

text:
(1) Except as authorized elsewhere in this chapter, a health care provider, an individual who assists a health care provider in the delivery of health care, or an agent and employee of a health care provider may not disclose health care information about a patient to any other person without the patient's written authorization. A disclosure made under a patient's written authorization must conform to the authorization.
(2) A patient has a right to receive an accounting of disclosures of health care information made by a health care provider or a health care facility in the six years before the date on which the accounting is requested, except for disclosures:
(a) To carry out treatment, payment, and health care operations;
(b) To the patient of health care information about him or her;
(c) Incident to a use or disclosure that is otherwise permitted or required;
(d) Pursuant to an authorization where the patient authorized the disclosure of health care information about himself or herself;
(e) Of directory information;
(f) To persons involved in the patient's care;
(g) For national security or intelligence purposes if an accounting of disclosures is not permitted by law;
(h) To correctional institutions or law enforcement officials if an accounting of disclosures is not permitted by law; and
(i) Of a limited data set that excludes direct identifiers of the patient or of relatives, employers, or household members of the patient.
[ 2014 c 220 s 5; 2013 c 200 s 2; 2005 c 468 s 2; 1993 c 448 s 2; 1991 c 335 s 201.]
Notes:
Effective date—2014 c 220: See note following RCW 70.02.290.
Effective date—2013 c 200: See note following RCW 70.02.010.
Effective date—1993 c 448: See note following RCW 70.02.010.

catchline: Disclosure by health care provider.


title: RCW 70.02.030

text:
(1) A patient may authorize a health care provider or health care facility to disclose the patient's health care information. A health care provider or health care facility shall honor an authorization and, if requested, provide a copy of the recorded health care information unless the health care provider or health care facility denies the patient access to health care information under RCW 70.02.090.
(2)(a) Except as provided in (b) of this subsection and RCW 70.02.370, a health care provider or health care facility may charge a reasonable fee for providing the health care information and is not required to honor an authorization until the fee is paid.
(b) Upon request of a patient or a patient's personal representative, a health care facility or health care provider shall provide the patient or representative with one copy of the patient's health care information free of charge if the patient is appealing the denial of federal supplemental security income or social security disability benefits. The patient or representative may complete a disclosure authorization specifying the health care information requested and provide it to the health care facility or health care provider. The health care facility or health care provider may provide the health care information in either paper or electronic format. A health care facility or health care provider is not required to provide a patient or a patient's personal representative with a free copy of health care information that has previously been provided free of charge pursuant to a request within the preceding two years.
(3) To be valid, a disclosure authorization to a health care provider or health care facility shall:
(a) Be in writing, dated, and signed by the patient;
(b) Identify the nature of the information to be disclosed;
(c) Identify the name and institutional affiliation of the person or class of persons to whom the information is to be disclosed;
(d) Identify the provider or class of providers who are to make the disclosure;
(e) Identify the patient; and
(f) Contain an expiration date or an expiration event that relates to the patient or the purpose of the use or disclosure.
(4) Unless disclosure without authorization is otherwise permitted under RCW 70.02.050 or the federal health insurance portability and accountability act of 1996 and its implementing regulations, an authorization may permit the disclosure of health care information to a class of persons that includes:
(a) Researchers if the health care provider or health care facility obtains the informed consent for the use of the patient's health care information for research purposes; or
(b) Third-party payors if the information is only disclosed for payment purposes.
(5) Except as provided by this chapter, the signing of an authorization by a patient is not a waiver of any rights a patient has under other statutes, the rules of evidence, or common law.
(6) When an authorization permits the disclosure of health care information to a financial institution or an employer of the patient for purposes other than payment, the authorization as it pertains to those disclosures shall expire one year after the signing of the authorization, unless the authorization is renewed by the patient.
(7) A health care provider or health care facility shall retain the original or a copy of each authorization or revocation in conjunction with any health care information from which disclosures are made.
(8) Where the patient is under the supervision of the department of corrections, an authorization signed pursuant to this section for health care information related to mental health or drug or alcohol treatment expires at the end of the term of supervision, unless the patient is part of a treatment program that requires the continued exchange of information until the end of the period of treatment.
[ 2024 c 150 s 2; 2018 c 87 s 1; 2014 c 220 s 15; 2005 c 468 s 3; 2004 c 166 s 19; 1994 sp.s. c 9 s 741; 1993 c 448 s 3; 1991 c 335 s 202.]
Notes:
Effective date—2014 c 220: See note following RCW 70.02.290.
Severability—Effective dates—2004 c 166: See notes following RCW 71.05.040.
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Effective date—1993 c 448: See note following RCW 70.02.010.

catchline: Patient authorization of disclosure—Health care information—Requirement to provide free copy to patient appealing denial of social security benefits.


title: RCW 70.02.040

text:
A patient may revoke in writing a disclosure authorization to a health care provider at any time unless disclosure is required to effectuate payments for health care that has been provided or other substantial action has been taken in reliance on the authorization. A patient may not maintain an action against the health care provider for disclosures made in good-faith reliance on an authorization if the health care provider had no actual notice of the revocation of the authorization.
[ 1991 c 335 s 203.]

catchline: Patient's revocation of authorization for disclosure.


title: RCW 70.02.045

text:
Third-party payors shall not release health care information disclosed under this chapter, except as required by chapter 43.371 RCW and RCW 48.43.071 and to the extent that health care providers are authorized to do so under RCW 70.02.050, 70.02.200, and 70.02.210.
[ 2018 c 87 s 2; 2015 c 289 s 1; 2014 c 223 s 18; 2000 c 5 s 2.]
Notes:
Effective date—2015 c 289: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 18, 2015]." [ 2015 c 289 s 2.]
Finding—2014 c 223: See note following RCW 41.05.690.
Intent—Purpose—2000 c 5: See RCW 48.43.500.
Application—Short title—Captions not law—Construction—Severability—Application to contracts—Effective dates—2000 c 5: See notes following RCW 48.43.500.

catchline: Third-party payor release of information.


title: RCW 70.02.050

text:
(1) A health care provider or health care facility may disclose health care information, except for information and records related to sexually transmitted diseases which are addressed in RCW 70.02.220, about a patient without the patient's authorization to the extent a recipient needs to know the information, if the disclosure is:
(a) To a person who the provider or facility reasonably believes is providing health care to the patient;
(b) To any other person who requires health care information for health care education, or to provide planning, quality assurance, peer review, or administrative, legal, financial, actuarial services to, or other health care operations for or on behalf of the health care provider or health care facility; or for assisting the health care provider or health care facility in the delivery of health care and the health care provider or health care facility reasonably believes that the person:
(i) Will not use or disclose the health care information for any other purpose; and
(ii) Will take appropriate steps to protect the health care information;
(c) To any person if the health care provider or health care facility believes, in good faith, that use or disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public, and the information is disclosed only to a person or persons reasonably able to prevent or lessen the threat, including the target of the threat. There is no obligation under this chapter on the part of the provider or facility to so disclose; or
(d) For payment, including information 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.
(2) A health care provider shall disclose health care information, except for information and records related to sexually transmitted diseases, unless otherwise authorized in RCW 70.02.220, about a patient without the patient's authorization if the disclosure is:
(a) To federal, state, or local public health authorities, to the extent the health care provider is required by law to report health care information; when needed to determine compliance with state or federal licensure, certification or registration rules or laws, or to investigate unprofessional conduct or ability to practice with reasonable skill and safety under chapter 18.130 RCW. Any health care information obtained under this subsection is exempt from public inspection and copying pursuant to chapter 42.56 RCW; or
(b) When needed to protect the public health.
[ 2017 c 298 s 2; 2014 c 220 s 6; 2013 c 200 s 3; 2007 c 156 s 12; 2006 c 235 s 3; 2005 c 468 s 4; 1998 c 158 s 1; 1993 c 448 s 4; 1991 c 335 s 204.]
Notes:
Effective date—2014 c 220: See note following RCW 70.02.290.
Effective date—2013 c 200: See note following RCW 70.02.010.
Purpose—2006 c 235: "The purpose of this act is to aid law enforcement in combating crime through the rapid identification of all persons who require medical treatment as a result of a criminal act and to assist in the rapid identification of human remains." [ 2006 c 235 s 1.]
Effective date—2006 c 235: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 27, 2006]." [ 2006 c 235 s 5.]
Effective date—1993 c 448: See note following RCW 70.02.010.

catchline: Disclosure without patient's authorization—Need-to-know basis.


title: RCW 70.02.060

text:
(1) Before service of a discovery request or compulsory process on a health care provider for health care information, an attorney shall provide advance notice to the health care provider and the patient or the patient's attorney involved through service of process or first-class mail, indicating the health care provider from whom the information is sought, what health care information is sought, and the date by which a protective order must be obtained to prevent the health care provider from complying. Such date shall give the patient and the health care provider adequate time to seek a protective order, but in no event be less than fourteen days since the date of service or delivery to the patient and the health care provider of the foregoing. Thereafter the request for discovery or compulsory process shall be served on the health care provider.
(2) Without the written consent of the patient, the health care provider may not disclose the health care information sought under subsection (1) of this section if the requestor has not complied with the requirements of subsection (1) of this section. In the absence of a protective order issued by a court of competent jurisdiction forbidding compliance, the health care provider shall disclose the information in accordance with this chapter. In the case of compliance, the request for discovery or compulsory process shall be made a part of the patient record.
(3) Production of health care information under this section, in and of itself, does not constitute a waiver of any privilege, objection, or defense existing under other law or rule of evidence or procedure.
[ 1991 c 335 s 205.]

catchline: Discovery request or compulsory process.


title: RCW 70.02.070

text:
Upon the request of the person requesting the record, the health care provider or facility shall certify the record furnished and may charge for such certification in accordance with RCW 36.18.016(5). No record need be certified until the fee is paid. The certification shall be affixed to the record and disclose:
(1) The identity of the patient;
(2) The kind of health care information involved;
(3) The identity of the person to whom the information is being furnished;
(4) The identity of the health care provider or facility furnishing the information;
(5) The number of pages of the health care information;
(6) The date on which the health care information is furnished; and
(7) That the certification is to fulfill and meet the requirements of this section.
[ 1995 c 292 s 20; 1991 c 335 s 206.]

catchline: Certification of record.