title: RCW 7.68.370

text:
(1) The office of crime victims advocacy is designated as the single point of contact in state government regarding the trafficking of persons.
(2) The Washington state clearinghouse on human trafficking is created as an information portal to share and coordinate statewide efforts to combat the trafficking of persons. The clearinghouse will include an internet website operated by the office of crime victims advocacy, and will serve the following functions:
(a) Coordinating information regarding all statewide task forces relating to the trafficking of persons including, but not limited to, sex trafficking, commercial sexual exploitation of children, and labor trafficking;
(b) Publishing the findings and legislative reports of all statewide task forces relating to the trafficking of persons;
(c) Providing a comprehensive directory of resources for victims of trafficking; and
(d) Collecting and disseminating up-to-date information regarding the trafficking of persons, including news and legislative efforts, both state and federal.
[ 2015 c 273 s 2.]
Notes:
Finding—Intent—2015 c 273: "(1) The legislature has long been committed to increasing access to support services for human trafficking victims and promoting awareness of human trafficking throughout Washington state. In 2002, Washington was the first state to work on human trafficking by enacting new laws and by creating an antitrafficking task force. In 2003, Washington was the first state to enact a law making human trafficking a crime.
Since 2002, the Washington state legislature has enacted thirty-eight laws to combat human trafficking. In 2013 and 2014, Washington received top marks from two leading nongovernmental organizations for the strength of its antitrafficking laws. The polaris project gave Washington a perfect score of ten and Washington received an "A" report card from shared hope international's protected innocence challenge. In light of the 2010 winter olympic games taking place in Vancouver, British Columbia, the legislature enacted RCW 47.38.080, permitting an approved nonprofit to place informational human trafficking posters in restrooms located in rest areas along Interstate 5. Sporting events, such as the winter olympic games or the upcoming 2015 United States open golf tournament at Chambers Bay, provide lucrative opportunities for human traffickers to exploit adults and children for labor and sexual services. The legislature finds that an effective way to combat human trafficking is to increase awareness of human trafficking for both victims and the general public alike as well as who and how to contact for help and support services, for both victims and the general public alike.
(2) Human trafficking data are primarily obtained through a hotline reporting system in which victims and witnesses can report cases of human trafficking over the phone. Since 2007, there have been one thousand eight hundred fifty human trafficking calls made through the human trafficking victim hotline system in Washington state, and a total of four hundred thirty-two human trafficking cases reported. It is the intent of the legislature to facilitate an even wider scope of communication with human trafficking victims and witnesses by requiring human trafficking information to be posted in all public restrooms." [ 2015 c 273 s 1.]
Effective date—2015 c 273: "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 14, 2015]." [ 2015 c 273 s 6.]

catchline: Trafficking of persons—Clearinghouse on human trafficking—Functions.


doc_type: statute

jurisdiction: wa

title: RCW 7.68.380

text:
(1) Subject to the availability of amounts appropriated for this specific purpose, the department of children, youth, and families shall administer funding for two receiving center programs for commercially sexually exploited children. One of these programs must be located west of the crest of the Cascade mountains and one of these programs must be located east of the crest of the Cascade mountains. Law enforcement and service providers may refer children to these programs or children may self-refer into these programs.
(2) The receiving center programs established under this section shall:
(a) Begin providing services by January 1, 2021;
(b) Utilize existing facilities and not require the construction of new facilities; and
(c) Provide ongoing case management for all children who are being served or were served by the programs.
(3) The receiving centers established under this section shall:
(a) Include a short-term evaluation function that is accessible twenty-four hours per day seven days per week that has the capacity to evaluate the immediate needs of commercially sexually exploited children ages twelve through seventeen and either meet those immediate needs or refer those children to the appropriate services;
(b) Assess children for mental health and substance use disorder needs and provide appropriate referrals as needed; and
(c) Provide individual and group counseling focused on developing and strengthening coping skills, and improving self-esteem and dignity.
(4) The department of children, youth, and families shall:
(a) Collect nonidentifiable demographic data of the children served by the programs established under this section;
(b) Collect data regarding the locations that children exit to after being served by the programs; and
(c) Report the data described in this subsection along with recommendations for modification or expansion of these programs to the relevant committees of the legislature by December 1, 2022.
(5) For the purposes of this section, the following definitions apply:
(a) "Receiving center" means a trauma-informed, secure location that meets the multidisciplinary needs of commercially sexually exploited children ages twelve through seventeen located in a behavioral health agency licensed or certified under RCW 71.24.037 to provide inpatient or residential treatment services; and
(b) "Short-term evaluation function" means a short-term emergency shelter that is accessible twenty-four hours per day seven days per week that has the capacity to evaluate the immediate needs of commercially sexually exploited children under age eighteen and either meet those immediate needs or refer those children to the appropriate services.
(6)(a) The department of children, youth, and families, the department of health, and the division of behavioral health and recovery, shall meet to coordinate the implementation of receiving centers as provided for in this section, including developing eligibility criteria for serving commercially sexually exploited children that allows referral from service providers and prioritizes referral from law enforcement.
(b) By December 1, 2020, and in compliance with RCW 43.01.036, the department of children, youth, and families shall submit a report to the governor and legislature summarizing the implementation plan and eligibility criteria as described in (a) of this subsection, and provide any additional policy recommendations regarding receiving centers as it deems necessary.
[ 2020 c 331 s 2.]
Notes:
Finding—2020 c 331: "The legislature finds that commercial sexual exploitation of children is a severe form of human trafficking and a severe human rights and public health issue, leaving children at substantial risk of physical harm, substantial physical and emotional pain, and trauma. This trauma has a long-term impact on the social, emotional, and economic future of these children. The state shall provide a victim-centered, trauma-informed response to children who are exploited in this manner rather than treating them as criminals. The state shall also hold accountable the buyers and traffickers who exploit children." [ 2020 c 331 s 1.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Commercially sexually exploited children receiving center programs.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 7.68.390

text:
(1) The following individuals or entities may refer a child to receiving centers as defined in RCW 7.68.380:
(a) Law enforcement, who shall:
(i) Transport a child eligible for receiving center services to a receiving center; or
(ii) Coordinate transportation with a liaison dedicated to serving commercially sexually exploited children established under RCW 74.14B.070 or a community service provider;
(b) The department of children, youth, and families;
(c) Juvenile courts;
(d) Community service providers;
(e) A parent or guardian; and
(f) A child may self-refer.
(2) Eligibility for placement in a receiving center is children ages twelve through seventeen, of all genders, who have been, or are at risk for being commercially sexually exploited.
[ 2020 c 331 s 3.]
Notes:
Finding—2020 c 331: See note following RCW 7.68.380.

catchline: Commercially sexually exploited children receiving center programs—Referrals.


title: RCW 7.68.803

text:
(1) No costs incurred by a hospital or other emergency medical facility in Washington for the examination of the victim of domestic violence assault involving nonfatal strangulation, whether such assault occurred in or outside the state of Washington, when such examination is performed for the purposes of gathering evidence for possible prosecution, shall be billed or charged directly or indirectly to the victim of such assault. Such costs shall be paid by the state pursuant to this chapter.
(2) The department must notify the office of financial management and the fiscal committees of the legislature if it projects that the cost of services provided under this section exceeds the amount of funding provided by the legislature solely for the purposes of this section.
[ 2024 c 297 s 7; 2023 c 108 s 1; 2021 c 269 s 3.]
Notes:
Effective date—2024 c 297: See note following RCW 7.68.127.
Effective date—2023 c 108: "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 June 30, 2023." [ 2023 c 108 s 2.]
Finding—2021 c 269: "The legislature finds that nonfatal strangulation is among the most dangerous acts of domestic violence and sexual assault. Strangulation involves external compression of the victim's airway and blood vessels, causing reduced air and blood flow to the brain. Victims may show no or minimal external signs of injury despite having life-threatening internal injuries including traumatic brain injury. Injuries may present after the assault or much later and may persist for months and even years postassault. Victims who are strangled multiple times face a greater risk of traumatic brain injury. Traumatic brain injury symptoms are often not recognized as assault-related and may include cognitive difficulties such as decreased ability to concentrate, make decisions, and solve problems. Traumatic brain injury symptoms may also include behavior and personality changes such as irritability, impulsivity, and mood swings.
Domestic violence victims who have been nonfatally strangled are eight times more likely to become a subsequent victim of homicide at the hands of the same abusive partner. Research shows that previous acts of strangulation are a unique and substantial predictor of attempted and completed homicide against an intimate partner.
For years, forensic nurses in Washington have provided high-level care to sexual assault victims. Forensic nurses are also trained in medical evaluation of nonfatal strangulation, but only provide this evaluation in cases of sexual assault involving strangulation, as crime victims' compensation will not reimburse in nonsexual assault cases. Strangulation affects victims physically and psychologically. These victims deserve a higher standard of response and medical care. Allowing crime victims' compensation to reimburse for forensic nurse examinations for victims of domestic violence strangulation will provide a better, more victim-centered response in the most dangerous of domestic violence felony cases." [ 2021 c 269 s 1.]

catchline: Nonfatal strangulation—Payment of costs for medical examination.


title: RCW 7.68.805

text:
(1) Subject to the availability of funds appropriated for this purpose, the commercially sexually exploited children statewide coordinating committee is established to facilitate a statewide coordinated response to the commercial sexual exploitation of children, youth, and young adults 24 years old and younger by relying on the voices of those with lived experience, qualitative and quantitative data, and the collective expertise of youth-serving professionals and youth policy experts to increase supports, protections, and resource identification in the areas of prevention and intervention with a particular emphasis on improving the response of systems of care, including but not limited to child welfare, juvenile criminal legal, health care, and education.
(2) The committee is convened by the office of the attorney general. The committee consists of the following members:
(a) One member from each of the two largest caucuses of the house of representatives appointed by the speaker of the house of representatives;
(b) One member from each of the two largest caucuses of the senate appointed by the president of the senate;
(c) A representative of the governor's office appointed by the governor;
(d) The secretary of the department of children, youth, and families or his or her designee;
(e) The secretary of the juvenile rehabilitation administration or his or her designee;
(f) The attorney general or his or her designee;
(g) The superintendent of public instruction or his or her designee;
(h) A representative of the administrative office of the courts appointed by the administrative office of the courts;
(i) A representative of the Washington state patrol;
(j) The executive director of the Washington association of sheriffs and police chiefs or his or her designee;
(k) The executive director of the Washington state criminal justice training commission or his or her designee;
(l) A representative of the Washington association of prosecuting attorneys appointed by the association;
(m) The executive director of the office of public defense or his or her designee;
(n) Three representatives of community service providers that provide direct services to commercially sexually exploited children appointed by the attorney general;
(o) Two representatives of nongovernmental organizations familiar with the issues affecting commercially sexually exploited children appointed by the attorney general;
(p) The president of the superior court judges' association or his or her designee;
(q) The president of the juvenile court administrators or his or her designee;
(r) Any existing chairs of regional task forces on commercially sexually exploited children;
(s) A representative from the criminal defense bar;
(t) A representative of the center for children and youth justice;
(u) A representative from the office of crime victims advocacy;
(v) The executive director of the Washington coalition of sexual assault programs;
(w) The executive director of the statewide organization representing children's advocacy centers or his or her designee;
(x) A representative of an organization that provides inpatient chemical dependency treatment to youth, appointed by the attorney general;
(y) A representative of an organization that provides mental health treatment to youth, appointed by the attorney general;
(z) A survivor of human trafficking, appointed by the attorney general;
(aa) Two subject matter experts in intervention and prevention of commercial sexual exploitation of children, youth, and young adults;
(bb) A representative from a youth advocacy organization;
(cc) A representative from the office of homeless youth;
(dd) A representative from a homeless youth policy advocacy organization; and
(ee) A representative from the LGBTQ+ community.
(3) The duties of the committee include, but are not limited to:
(a) Overseeing and reviewing the implementation of the Washington state model protocol for commercially sexually exploited children at task force sites;
(b) Receiving reports and data from local and regional entities regarding the incidence of commercially sexually exploited children in their areas as well as data information regarding perpetrators, geographic data and location trends, and any other data deemed relevant;
(c) Receiving reports on local coordinated community response practices and results of the community responses;
(d) Reviewing recommendations from local and regional entities regarding policy and legislative changes that would improve the efficiency and effectiveness of local response practices;
(e) Making recommendations regarding policy and legislative changes that would improve the effectiveness of the state's response to and promote best practices for suppression of the commercial sexual exploitation of children;
(f) Making recommendations regarding data collection useful to understanding or addressing the problem of commercially sexually exploited children;
(g) Reviewing and making recommendations regarding strategic local investments or opportunities for federal and state funding to address the commercial sexual exploitation of children;
(h) Compiling data on the number of juveniles believed to be victims of sexual exploitation taken into custody under RCW 43.185C.260;
(i) Making recommendations on how to fulfill and improve Washington's safe harbor law, chapter 331, Laws of 2020 (Engrossed Third Substitute House Bill 1775), including addressing the lack of receiving centers; and
(j) Coordinating efforts on behalf of commercially sexually exploited children and youth across the state so as to avoid duplicative efforts, use resources more efficiently, and increase awareness of available resources.
(4) The committee must meet no less than annually.
(5) The committee shall annually report its findings and recommendations to the appropriate committees of the legislature and to any other known statewide committees addressing trafficking or the commercial sex trade.
(6) This section expires June 30, 2030.
[ 2024 c 298 s 3.]
Notes:
Effective date—2024 c 298: See note following RCW 9A.40.100.

catchline: Commercially sexually exploited children statewide coordinating committee. (Expires June 30, 2030.)


title: RCW 7.68.900

text:
This chapter shall take effect on July 1, 1974.
[ 1973 1st ex.s. c 122 s 17.]
Notes:
Funding required: "This bill shall not take effect until the funds necessary for its implementation have been specifically appropriated by the legislature and such appropriation itself has become law. It is the intention of the legislature that if the governor shall veto this section or any item thereof, none of the provisions of this bill shall take effect." [ 1973 1st ex.s. c 122 s 21.]
Reviser's note: Funding for 1973 1st ex.s. c 122 was provided in 1973 1st ex.s. c 137 s 107 and 1975 1st ex.s. c 269 s 67(2).

catchline: Effective date—1973 1st ex.s. c 122.


title: RCW 7.68.905

text:
(1) If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the application of the provision to other persons or circumstances, is not affected.
(2) Subsection (1) of this section shall be effective retroactively to July 1, 1974.
[ 1977 ex.s. c 302 s 12.]

catchline: Severability—Construction—1977 ex.s. c 302.


title: RCW 7.68.910

text:
Section captions as used in this act do not constitute any part of the law.
[ 1973 1st ex.s. c 122 s 20.]

catchline: Section captions.


title: RCW 7.68.915

text:
Nothing in chapter 8, Laws of 1982 1st ex. sess., affects or impairs any right to benefits existing prior to *the effective date of this act. For injuries occurring on and after July 1, 1981, and before *the effective date of this act, the statute of limitations for filing claims under this chapter shall begin to run on *the effective date of this act.
[ 1982 1st ex.s. c 8 s 3.]
Notes:
*Reviser's note: For "the effective date of this act," see note following RCW 7.68.035.
Effective dates—Intent—Reports—1982 1st ex.s. c 8: See notes following RCW 7.68.035.

catchline: Savings—Statute of limitations—1982 1st ex.s. c 8.


title: RCW 7.68.920

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 17.]

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 7.69.010

text:
In recognition of the severe and detrimental impact of crime on victims, survivors of victims, and witnesses of crime and the civic and moral duty of victims, survivors of victims, and witnesses of crimes to fully and voluntarily cooperate with law enforcement and prosecutorial agencies, and in further recognition of the continuing importance of such citizen cooperation to state and local law enforcement efforts and the general effectiveness and well-being of the criminal justice system of this state, the legislature declares its intent, in this chapter, to grant to the victims of crime and the survivors of such victims a significant role, including enhanced accessibility, in the criminal justice system. The legislature further intends to ensure that all victims and witnesses of crime are treated with dignity, respect, courtesy, and sensitivity; ensure that all victims and witnesses are afforded access to justice to participate in criminal justice proceedings, including the opportunity to participate and attend court hearings in person or remotely, including by video or other electronic means as available in the local jurisdiction; and that the rights extended in this chapter to victims, survivors of victims, and witnesses of crime are honored, protected, and upheld by law enforcement agencies, prosecutors, and judges in a manner no less vigorous than the protections afforded criminal defendants.
[ 2024 c 297 s 9; 1985 c 443 s 1; 1981 c 145 s 1.]
Notes:
Effective date—2024 c 297: See note following RCW 7.68.127.
Severability—1985 c 443: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1985 c 443 s 27.]
Effective date—1985 c 443: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1985." [ 1985 c 443 s 28.]

catchline: Intent.


title: RCW 7.69.020

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Crime" means an act punishable as a felony, gross misdemeanor, or misdemeanor under the laws of this state or equivalent federal or local law.
(2) "Survivor" or "survivors" of a victim of crime means a spouse or domestic partner, child, parent, legal guardian, sibling, or grandparent. If there is more than one survivor of a victim of crime, one survivor shall be designated by the prosecutor to represent all survivors for purposes of providing the notice to survivors required by this chapter.
(3) "Victim" means a person against whom a crime has been committed or the representative of a person against whom a crime has been committed.
(4) "Victim impact statement" means a statement submitted to the court by the victim or a survivor, individually or with the assistance of the prosecuting attorney if assistance is requested by the victim or survivor, which may include but is not limited to information assessing the financial, medical, social, and psychological impact of the offense upon the victim or survivors.
(5) "Witness" means a person who has been or is expected to be summoned to testify for the prosecution in a criminal action, or who by reason of having relevant information is subject to call or likely to be called as a witness for the prosecution, whether or not an action or proceeding has been commenced.
(6) "Crime victim/witness program" means any crime victim and witness program of a county or local law enforcement agency or prosecutor's office, any rape crisis center's sexual assault victim advocacy program as provided in chapter 70.125 RCW, any domestic violence program's legal and community advocate program for domestic violence victims as provided in chapter 70.123 RCW, or any other crime victim advocacy program which provides trained advocates to assist crime victims during the investigation and prosecution of the crime.
[ 2008 c 6 s 404; 1993 c 350 s 5; 1985 c 443 s 2; 1981 c 145 s 2.]
Notes:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Findings—1993 c 350: "The legislature finds that domestic violence is a problem of immense proportions affecting individuals as well as communities. Domestic violence has long been recognized as being at the core of other major social problems including child abuse, crimes of violence against person or property, juvenile delinquency, and alcohol and drug abuse. Domestic violence costs include the loss of lives as well as millions of dollars each year in the state of Washington for health care, absence from work, and services to children. The crisis is growing.
While the existing protection order process can be a valuable tool to increase safety for victims and to hold batterers accountable, specific problems in its use have become evident. Victims have difficulty completing the paperwork required; model forms have been modified to be inconsistent with statutory language; different forms create confusion for law enforcement agencies about the contents and enforceability of orders. Refinements are needed so that victims have the easy, quick, and effective access to the court system envisioned at the time the protection order process was first created.
Valuable information about the reported incidents of domestic violence in the state of Washington is unobtainable without gathering data from all law enforcement agencies. Without this information, it is difficult for policymakers, funders, and service providers to plan for the resources and services needed to address the issue." [ 1993 c 350 s 1.]
Severability—Effective date—1985 c 443: See notes following RCW 7.69.010.

catchline: Definitions.


title: RCW 7.69.030

text:
(1) There shall be a reasonable effort made to ensure that victims, survivors of victims, and witnesses of crimes have the following rights, which apply to any adult or juvenile criminal proceeding and any civil commitment proceeding under chapter 10.77 or 71.09 RCW:
(a) With respect to victims of violent or sex crimes, to receive, at the time of reporting the crime to law enforcement officials, a written statement of the rights of crime victims as provided in this chapter. The written statement shall include the name, address, and telephone number of a county or local crime victim/witness program, if such a crime victim/witness program exists in the county;
(b) To be informed by local law enforcement agencies or the prosecuting attorney of the final disposition of the case in which the victim, survivor, or witness is involved;
(c) With respect to victims of violent offenses, domestic violence, or sex offenses, to be informed by local law enforcement agencies or the prosecuting attorney that charges have been filed and when the defendant has been found not competent to stand trial and referred for restoration services;
(d) To be notified by the party who issued the subpoena that a court proceeding to which they have been subpoenaed will not occur as scheduled, in order to save the person an unnecessary trip to court;
(e) To receive protection from harm and threats of harm arising out of cooperation with law enforcement and prosecution efforts, and to be provided with information as to the level of protection available;
(f) To be informed of the procedure to be followed to apply for and receive any witness fees to which they are entitled;
(g) To be provided, whenever practical, a secure waiting area during court proceedings that does not require them to be in close proximity to defendants and families or friends of defendants;
(h) To have any stolen or other personal property expeditiously returned by law enforcement agencies or the superior court when no longer needed as evidence. When feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis, and property of which ownership is disputed, shall be photographed and returned to the owner within ten days of being taken;
(i) To be provided with appropriate employer intercession services to ensure that employers of victims, survivors of victims, and witnesses of crime will cooperate with the criminal justice process or the civil commitment process under chapter 10.77 or 71.09 RCW in order to minimize an employee's loss of pay and other benefits resulting from court appearance;
(j) To have access to immediate medical assistance and not to be detained for an unreasonable length of time by a law enforcement agency before having such assistance administered. However, an employee of the law enforcement agency may, if necessary, accompany the person to a medical facility to question the person about the criminal incident if the questioning does not hinder the administration of medical assistance. Victims of domestic violence, sexual assault, stalking, or hate crime, as defined in RCW 49.76.020, shall be notified of their right to reasonable leave from employment under chapter 49.76 RCW;
(k) With respect to victims of violent and sex crimes, to have a crime victim advocate from a crime victim/witness program, or any other support person of the victim's choosing, present at any prosecutorial or defense interviews with the victim, and at any judicial proceedings related to criminal acts committed against the victim. This subsection applies if practical and if the presence of the crime victim advocate or support person does not cause any unnecessary delay in the investigation or prosecution of the case. The role of the crime victim advocate is to provide emotional support to the crime victim;
(l) With respect to victims of violent offenses, domestic violence, or sex offenses, such victims may attend court proceedings or required interviews in person or remotely, including by video or other electronic means, as available in the local jurisdiction, to ensure access to justice to participate in criminal justice proceedings;
(m) With respect to victims and survivors of victims, to be physically present in court during trial, or if subpoenaed to testify, to be scheduled as early as practical in the proceedings in order to be physically present during trial after testifying and not to be excluded solely because they have testified;
(n) With respect to victims and survivors of victims in any felony case, any case involving domestic violence, or any final determination under chapter 10.77 or 71.09 RCW, to be informed by the prosecuting attorney of the date, time, and place of the trial and of the sentencing hearing or disposition hearing upon request by a victim or survivor;
(o) To submit a victim impact statement or report to the court, with the assistance of the prosecuting attorney if requested, which shall be included in all presentence reports and permanently included in the files and records accompanying the offender committed to the custody of a state agency or institution;
(p) With respect to victims and survivors of victims in any felony case or any case involving domestic violence, to present a statement, personally or by representation, at the sentencing hearing; and
(q) With respect to victims and survivors of victims, to entry of an order of restitution by the court in all felony cases, even when the offender is sentenced to confinement, unless extraordinary circumstances exist which make restitution inappropriate in the court's judgment.
(2) If a victim, survivor of a victim, or witness of a crime is denied a right under this section, the person may seek an order directing compliance by the relevant party or parties by filing a petition in the superior court in the county in which the crime occurred and providing notice of the petition to the relevant party or parties. Compliance with the right is the sole available remedy. The court shall expedite consideration of a petition filed under this subsection.
[ 2025 c 375 s 7; 2024 c 297 s 10; 2023 c 197 s 11; 2022 c 229 s 1; 2009 c 138 s 5; 2008 c 286 s 16; 2004 c 120 s 8; 1999 c 323 s 2; 1997 c 343 s 1; 1993 c 350 s 6; 1985 c 443 s 3; 1981 c 145 s 3.]
Notes:
Effective date—2025 c 375: See note following RCW 49.76.030.
Effective date—2024 c 297: See note following RCW 7.68.127.
Effective date—2008 c 286: See RCW 49.76.900.
Effective date—2004 c 120: See note following RCW 13.40.010.
Intent—1999 c 323: See note following RCW 9.94A.885.
Findings—1993 c 350: See note following RCW 7.69.020.
Severability—Effective date—1985 c 443: See notes following RCW 7.69.010.
Child victims and witnesses, additional rights: Chapter 7.69A RCW.

catchline: Rights of victims, survivors, and witnesses.


title: RCW 7.69.032

text:
(1) The legislature recognizes the significant concerns that many victims, survivors of victims, and witnesses of crimes have when offenders are considered for postsentence release from confinement. Therefore, it is the intent of the legislature to ensure that victims, survivors of victims, and witnesses of crimes are afforded the opportunity to make a statement that will be considered prior to the granting of postsentence release from confinement for any offender under the jurisdiction of the indeterminate sentence review board or its successor, or by the governor regarding an application for pardon or commutation of sentence.
(2) Victims, survivors of victims, and witnesses of crimes have the following rights:
(a) With respect to victims, survivors of victims, and witnesses of crimes, to present a statement to the indeterminate sentence review board or its successor, in person or by representation, via audio or videotape or other electronic means, or in writing, prior to the granting of parole or community custody release for any offender under the board's jurisdiction.
(b) With respect to victims and survivors of victims, to present a statement to the clemency and pardons board in person, via audio or videotape or other electronic means, or in writing, at any hearing conducted regarding an application for pardon or commutation of sentence.
[ 2009 c 138 s 1.]

catchline: Right to make statement before postsentence release of offender.


title: RCW 7.69.035

text:
The legislature recognizes that witnesses are often fearful of testifying against criminal gang members. Witnesses may be subject to harassment, intimidation, and threats. While the state does not ensure protection of witnesses, the state intends to provide resources to assist local prosecutors in combating gang-related crimes and to help citizens perform their civic duty to testify in these cases.
[ 2008 c 276 s 501.]
Notes:
Severability—Part headings, subheadings not law—2008 c 276: See notes following RCW 36.28A.200.

catchline: Protection of witnesses who testify against criminal gang members—Intent.


title: RCW 7.69.040

text:
For purposes of this chapter, a victim who is incapacitated or otherwise incompetent shall be represented by a parent or present legal guardian, or if none exists, by a representative designated by the prosecuting attorney without court appointment or legal guardianship proceedings. Any victim may designate another person as the victim's representative for purposes of the rights enumerated in RCW 7.69.030.
[ 1985 c 443 s 4.]
Notes:
Severability—Effective date—1985 c 443: See notes following RCW 7.69.010.

catchline: Representation of incapacitated or incompetent victim.


title: RCW 7.69.050

text:
Nothing contained in this chapter may be construed to provide grounds for error in favor of a criminal defendant in a criminal proceeding, nor may anything in this chapter be construed to grant a new cause of action or remedy against the state, its political subdivisions, law enforcement agencies, or prosecuting attorneys. The failure of a person to make a reasonable effort to ensure that victims, survivors, and witnesses under this chapter have the rights enumerated in RCW 7.69.030 shall not result in civil liability against that person. This chapter does not limit other civil remedies or defenses of the offender or the victim or survivors of the victim.
[ 1985 c 443 s 5.]
Notes:
Severability—Effective date—1985 c 443: See notes following RCW 7.69.010.

catchline: Construction of chapter—Other remedies or defenses.


title: RCW 7.69A.010

text:
The legislature recognizes that it is important that child victims and child witnesses of crime cooperate with law enforcement and prosecutorial agencies and that their assistance contributes to state and local enforcement efforts and the general effectiveness of the criminal justice system of this state. Therefore, it is the intent of the legislature by means of this chapter, to insure that all child victims and witnesses of crime are treated with the sensitivity, courtesy, and special care that must be afforded to each child victim of crime and that their rights be protected by law enforcement agencies, prosecutors, and judges in a manner no less vigorous than the protection afforded the adult victim, witness, or criminal defendant.
[ 1985 c 394 s 1.]
Notes:
Reviser's note: "This chapter" has been substituted for "this act" in this section.

catchline: Legislative intent.


title: RCW 7.69A.020

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Crime" means an act punishable as a felony, gross misdemeanor, or misdemeanor under the laws of this state or equivalent federal or local law.
(2) "Child" means any living child under the age of eighteen years.
(3) "Victim" means a living person against whom a crime has been committed.
(4) "Witness" means a person who has been or is expected to be summoned to testify for the prosecution in a criminal action, or who by reason of having relevant information is subject to call or likely to be called as a witness for the prosecution, whether or not an action or proceeding has been commenced.
(5) "Family member" means child, parent, or legal guardian.
(6) "Advocate" means any person, including a family member not accused of a crime, who provides support to a child victim or child witness during any legal proceeding.
(7) "Court proceedings" means any court proceeding conducted during the course of the prosecution of a crime committed against a child victim, including pretrial hearings, trial, sentencing, or appellate proceedings.
(8) "Identifying information" means the child's name, address, location, and photograph, and in cases in which the child is a relative or stepchild of the alleged perpetrator, identification of the relationship between the child and the alleged perpetrator.
(9) "Crime victim/witness program" means any crime victim and witness program of a county or local law enforcement agency or prosecutor's office, any rape crisis center's sexual assault victim advocacy program as provided in chapter 70.125 RCW, any domestic violence program's legal and community advocate program for domestic violence victims as provided in chapter 70.123 RCW, or any other crime victim advocacy program which provides trained advocates to assist crime victims during the investigation and prosecution of the crime.
[ 1993 c 350 s 7; 1992 c 188 s 2; 1985 c 394 s 2.]
Notes:
Findings—1993 c 350: See note following RCW 7.69.020.
Findings—Intent—1992 c 188: "The legislature recognizes that the cooperation of child victims of sexual assault and their families is integral to the successful prosecution of sexual assaults against children. The legislature finds that release of information identifying child victims of sexual assault may subject the child to unwanted contacts by the media, public scrutiny and embarrassment, and places the child victim and the victim's family at risk when the assailant is not in custody. Release of information to the press and the public harms the child victim and has a chilling effect on the willingness of child victims and their families to report sexual abuse and to cooperate with the investigation and prosecution of the crime. The legislature further finds that public dissemination of the child victim's name and other identifying information is not essential to accurate and necessary release of information to the public concerning the operation of the criminal justice system. Therefore, the legislature intends to assure child victims of sexual assault and their families that the identities and locations of child victims will remain confidential." [ 1992 c 188 s 1.]
Severability—1992 c 188: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1992 c 188 s 10.]


title: RCW 7.69A.030

text:
In addition to the rights of victims and witnesses provided for in RCW 7.69.030, there shall be every reasonable effort made by law enforcement agencies, prosecutors, and judges to assure that child victims and witnesses are afforded the rights enumerated in this section. Except as provided in RCW 7.69A.050 regarding child victims or child witnesses of violent crimes, sex crimes, or child abuse, the enumeration of rights shall not be construed to create substantive rights and duties, and the application of an enumerated right in an individual case is subject to the discretion of the law enforcement agency, prosecutor, or judge. Child victims and witnesses have the following rights, which apply to any criminal court and/or juvenile court proceeding:
(1) To have explained in language easily understood by the child, all legal proceedings and/or police investigations in which the child may be involved.
(2) With respect to child victims of sex or violent crimes or child abuse, to have a crime victim advocate from a crime victim/witness program, or any other support person of the victim's choosing, present at any prosecutorial or defense interviews with the child victim. This subsection applies if practical and if the presence of the crime victim advocate or support person does not cause any unnecessary delay in the investigation or prosecution of the case. The role of the crime victim advocate is to provide emotional support to the child victim and to promote the child's feelings of security and safety.
(3) To be provided, whenever possible, a secure waiting area during court proceedings and to have an advocate or support person remain with the child prior to and during any court proceedings.
(4) To not have the names, addresses, nor photographs of the living child victim or witness disclosed by any law enforcement agency, prosecutor's office, or state agency without the permission of the child victim, child witness, parents, or legal guardians to anyone except another law enforcement agency, prosecutor, defense counsel, or private or governmental agency that provides services to the child victim or witness.
(5) To allow an advocate to make recommendations to the prosecuting attorney about the ability of the child to cooperate with prosecution and the potential effect of the proceedings on the child.
(6) To allow an advocate to provide information to the court concerning the child's ability to understand the nature of the proceedings.
(7) To be provided information or appropriate referrals to social service agencies to assist the child and/or the child's family with the emotional impact of the crime, the subsequent investigation, and judicial proceedings in which the child is involved.
(8) To allow an advocate to be present in court while the child testifies in order to provide emotional support to the child.
(9) To provide information to the court as to the need for the presence of other supportive persons at the court proceedings while the child testifies in order to promote the child's feelings of security and safety.
(10) To allow law enforcement agencies the opportunity to enlist the assistance of other professional personnel such as child protection services, victim advocates or prosecutorial staff trained in the interviewing of the child victim.
(11) With respect to child victims of violent or sex crimes or child abuse, to receive either directly or through the child's parent or guardian if appropriate, at the time of reporting the crime to law enforcement officials, a written statement of the rights of child victims as provided in this chapter. The written statement shall include the name, address, and telephone number of a county or local crime victim/witness program, if such a crime victim/witness program exists in the county.
[ 2004 c 120 s 9; 1997 c 283 s 2; 1993 c 350 s 8; 1985 c 394 s 3.]
Notes:
Effective date—2004 c 120: See note following RCW 13.40.010.
Findings—1993 c 350: See note following RCW 7.69.020.

catchline: Rights of child victims and witnesses.


title: RCW 7.69A.040

text:
The failure to provide notice to a child victim or witness under this chapter of the rights enumerated in RCW 7.69A.030 shall not result in civil liability so long as the failure to notify was in good faith and without gross negligence. The failure to make a reasonable effort to assure that child victims and witnesses are afforded the rights enumerated in RCW 7.69A.030 shall not result in civil liability so long as the failure to make a reasonable effort was in good faith and without gross negligence.
[ 1985 c 394 s 4.]

catchline: Liability for failure to notify or assure child's rights.


title: RCW 7.69A.050

text:
At the time of reporting a crime to law enforcement officials and at the time of the initial witness interview, child victims or child witnesses of violent crimes, sex crimes, or child abuse and the child's parents shall be informed of their rights to not have their address disclosed by any law enforcement agency, prosecutor's office, defense counsel, or state agency without the permission of the child victim or the child's parents or legal guardian. The address may be disclosed to another law enforcement agency, prosecutor, defense counsel, or private or governmental agency that provides services to the child. Intentional disclosure of an address in violation of this section is a misdemeanor.
[ 1997 c 283 s 1.]

catchline: Rights of child victims and witnesses—Confidentiality of address—Notice of right—Penalty.


title: RCW 7.69B.005

text:
The legislature recognizes that it is important that dependent persons who are witnesses and victims of crime cooperate with law enforcement and prosecutorial agencies and that their assistance contributes to state and local enforcement efforts and the general effectiveness of the criminal justice system. The legislature finds that the state has an interest in making it possible for courts to adequately and fairly conduct cases involving dependent persons who are victims of crimes. Therefore, it is the intent of the legislature, by means of this chapter, to insure that all dependent persons who are victims and witnesses of crime are treated with sensitivity, courtesy, and special care and that their rights be protected by law enforcement agencies, prosecutors, and judges in a manner no less vigorous than the protection afforded to other victims, witnesses, and criminal defendants.
[ 2005 c 381 s 1.]

catchline: Intent—Finding.


title: RCW 7.69B.010

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Crime" means an act punishable as a felony, gross misdemeanor, or misdemeanor under the laws of this state or equivalent federal or local law.
(2) "Dependent person" has the same meaning as that term is defined in RCW 9A.42.010.
(3) "Victim" means a living person against whom a crime has been committed.
(4) "Witness" means a person who has been or is expected to be summoned to testify for the prosecution or defense in a criminal action, or who by reason of having relevant information is subject to call or likely to be called as a witness, whether or not an action or proceeding has been commenced.
(5) "Family member" means a person who is not accused of a crime and who is an adult child, adult sibling, spouse or domestic partner, parent, or legal guardian of the dependent person.
(6) "Advocate" means any person not accused of a crime, including a family member, approved by the witness or victim, in consultation with his or her guardian if applicable, who provides support to a dependent person during any legal proceeding.
(7) "Court proceedings" means any court proceeding conducted during the course of the prosecution of a crime committed against a dependent person, including pretrial hearings, trial, sentencing, or appellate proceedings.
(8) "Identifying information" means the dependent person's name, address, location, and photograph, and in cases in which the dependent person is a relative of the alleged perpetrator, identification of the relationship between the dependent person and the alleged perpetrator.
(9) "Crime victim/witness program" means any crime victim and witness program of a county or local law enforcement agency or prosecutor's office, any rape crisis center's sexual assault victim advocacy program as provided in chapter 70.125 RCW, any domestic violence program's legal and community advocate program for domestic violence victims as provided in chapter 70.123 RCW, or any other crime victim advocacy program which provides trained advocates to assist crime victims during the investigation and prosecution of the crime.
[ 2008 c 6 s 405; 2005 c 381 s 2.]
Notes:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.


title: RCW 7.69B.020

text:
(1) In addition to the rights of victims and witnesses provided for in RCW 7.69.030, there shall be every reasonable effort made by law enforcement agencies, prosecutors, and judges to assure that dependent persons who are victims or witnesses are afforded the rights enumerated in this section. The enumeration of rights under this chapter shall not be construed to create substantive rights and duties, and the application of an enumerated right in an individual case is subject to the discretion of the law enforcement agency, prosecutor, or judge. Dependent persons who are victims or witnesses in the criminal justice system have the following rights, which apply to any criminal court or juvenile court proceeding:
(a) To have explained in language easily understood by the dependent person, all legal proceedings and police investigations in which the dependent person may be involved.
(b) With respect to a dependent person who is a victim of a sex or violent crime, to have a crime victim advocate from a crime victim/witness program, or any other advocate of the victim's choosing, present at any prosecutorial or defense interviews with the dependent person. This subsection applies unless it creates undue hardship and if the presence of the crime victim advocate or other advocate does not cause any unnecessary delay in the investigation or prosecution of the case. The role of the crime victim advocate or other advocate is to provide emotional support to the dependent person and to promote the dependent person's feelings of security and safety.
(c) To be provided, whenever possible, a secure waiting area during court proceedings and to have an advocate or support person remain with the dependent person prior to and during any court proceedings.
(d) To allow an advocate to make recommendations to the prosecuting attorney about the ability of the dependent person to cooperate with prosecution and the potential effect of the proceedings on the dependent person.
(e) To allow an advocate to provide information to the court concerning the dependent person's ability to understand the nature of the proceedings.
(f) To be provided information or appropriate referrals to social service agencies to assist the dependent person with the emotional impact of the crime, the subsequent investigation, and judicial proceedings in which the dependent person is involved.
(g) To allow an advocate to be present in court while the dependent person testifies in order to provide emotional support to the dependent person.
(h) To provide information to the court as to the need for the presence of other supportive persons at the court proceedings while the dependent person testifies in order to promote the dependent person's feelings of security and safety.
(i) To allow law enforcement agencies the opportunity to enlist the assistance of other professional personnel such as victim advocates or prosecutorial staff trained in the interviewing of the dependent person.
(j) With respect to a dependent person who is a victim of a violent or sex crime, to receive either directly or through the dependent person's legal guardian, if applicable, at the time of reporting the crime to law enforcement officials, a written statement of the rights of dependent persons as provided in this chapter. The statement may be paraphrased to make it more easily understood. The written statement shall include the name, address, and telephone number of a county or local crime victim/witness program, if such a crime victim/witness program exists in the county.
(2) Any party may request a preliminary hearing for the purpose of establishing accommodations for the dependent person consistent with, but not limited to, the rights enumerated in this section.
[ 2005 c 381 s 3.]

catchline: Rights enumerated.


title: RCW 7.69B.030

text:
(1) The prosecutor or defense may file a motion with the court at any time prior to commencement of the trial for an order authorizing the taking of a videotape deposition for the purpose of preserving the direct testimony of the moving party's witness if that witness is a dependent person.
(2) The court may grant the motion if the moving party shows that it is likely that the dependent person will be unavailable to testify at a subsequent trial. The court's finding shall be based upon, at a minimum, recommendations from the dependent person's physician or any other person having direct contact with the dependent person and whose recommendations are based on specific behavioral indicators exhibited by the dependent person.
(3) The moving party shall provide reasonable written notice to the other party of the motion and order, if granted, pursuant to superior court criminal rules for depositions.
(4) Both parties shall have an opportunity to be present at the deposition and the nonmoving party shall have the opportunity to cross-examine the dependent person.
(5) Under circumstances permitted by the rules of evidence, the deposition may be introduced as evidence in a subsequent proceeding if the dependent person is unavailable at trial and both the prosecutor and the defendant had notice of and an opportunity to participate in the taking of the deposition.
[ 2005 c 381 s 4.]

catchline: Testimony—Videotaped depositions.


title: RCW 7.69B.040

text:
(1) The failure to provide notice to a dependent person of the rights enumerated in this chapter or the failure to provide the rights enumerated shall not result in civil liability so long as the failure was in good faith.
(2) Nothing in this chapter shall be construed to limit a party's ability to bring an action, including an action for damages, based on rights conferred by other state or federal law.
[ 2005 c 381 s 5.]

catchline: Liability for violating chapter—Actions based on other state or federal laws.


title: RCW 7.70.010

text:
The state of Washington, exercising its police and sovereign power, hereby modifies as set forth in this chapter and in RCW 4.16.350, as now or hereafter amended, certain substantive and procedural aspects of all civil actions and causes of action, whether based on tort, contract, or otherwise, for damages for injury occurring as a result of health care which is provided after June 25, 1976.
[1975-'76 2nd ex.s. c 56 s 6.]
Notes:
Severability—1975-'76 2nd ex.s. c 56: See note following RCW 4.16.350.

catchline: Declaration of modification of actions for damages based upon injuries resulting from health care.


title: RCW 7.70.020

text:
As used in this chapter "health care provider" means either:
(1) A person licensed by this state to provide health care or related services including, but not limited to, an acupuncturist or acupuncture and Eastern medicine practitioner, a physician, osteopathic physician, dentist, nurse, optometrist, podiatric physician and surgeon, chiropractor, physical therapist, psychologist, pharmacist, optician, physician assistant, midwife, osteopathic physician's assistant, nurse practitioner, or physician's trained mobile intensive care paramedic, including, in the event such person is deceased, his or her estate or personal representative;
(2) An employee or agent of a person described in part (1) above, acting in the course and scope of his [or her] employment, including, in the event such employee or agent is deceased, his or her estate or personal representative; or
(3) An entity, whether or not incorporated, facility, or institution employing one or more persons described in part (1) above, including, but not limited to, a hospital, clinic, health maintenance organization, or nursing home; or an officer, director, employee, or agent thereof acting in the course and scope of his or her employment, including in the event such officer, director, employee, or agent is deceased, his or her estate or personal representative.
[ 2019 c 308 s 16; 2010 c 286 s 13; 1995 c 323 s 3; 1985 c 326 s 27; 1981 c 53 s 1; 1975-'76 2nd ex.s. c 56 s 7.]
Notes:
Findings—2019 c 308: See note following RCW 18.06.010.
Intent—2010 c 286: See RCW 18.06.005.
Effective date—1981 c 53: See note following RCW 18.50.005.
Severability—1975-'76 2nd ex.s. c 56: See note following RCW 4.16.350.


title: RCW 7.70.030

text:
No award shall be made in any action or arbitration for damages for injury occurring as the result of health care which is provided after June 25, 1976, unless the plaintiff establishes one or more of the following propositions:
(1) That injury resulted from the failure of a health care provider to follow the accepted standard of care;
(2) That a health care provider promised the patient or his or her representative that the injury suffered would not occur;
(3) That injury resulted from health care to which the patient or his or her representative did not consent.
Unless otherwise provided in this chapter, the plaintiff shall have the burden of proving each fact essential to an award by a preponderance of the evidence.
[ 2011 c 336 s 250; 1975-'76 2nd ex.s. c 56 s 8.]
Notes:
Severability—1975-'76 2nd ex.s. c 56: See note following RCW 4.16.350.

catchline: Propositions required to be established—Burden of proof.


title: RCW 7.70.040

text:
(1) The following shall be necessary elements of proof that injury resulted from the failure of the health care provider to follow the accepted standard of care:
(a) The health care provider failed to exercise that degree of care, skill, and learning expected of a reasonably prudent health care provider at that time in the profession or class to which he or she belongs, in the state of Washington, acting in the same or similar circumstances;
(b) Such failure was a proximate cause of the injury complained of.
(2)(a) The following shall be necessary elements of proof that injury resulted from the failure of a health care provider to follow the accepted standard of care in acting or failing to act following the proclamation of a state of emergency in all counties in the state of Washington by the governor in response to the COVID-19 pandemic on February 29, 2020, and until the state of emergency is terminated:
(i) The health care provider failed to exercise that degree of care, skill, and learning expected of a reasonably prudent health care provider at that time in the profession or class to which he or she belongs, in the state of Washington, acting in the same or similar circumstances, taking into account whether the act or omission:
(A) Was in good faith based upon guidance, direction, or recommendations, including in interim or preliminary form, published by the federal government, the state of Washington or departments, divisions, agencies, or agents thereof, or local governments in the state of Washington or departments, divisions, agencies, or agents thereof, in response to the COVID-19 pandemic and applicable to such health care provider; or
(B) Was due to a lack of resources including, but not limited to, available facility capacity, staff, and supplies, directly attributable to the COVID-19 pandemic;
(ii) Such failure was a proximate cause of the injury complained of.
(b) The provisions in (a) of this subsection apply only if relevant to the determination of whether the health care provider followed the standard of care, as determined by the court.
(c) If any health care provider presents evidence described in (a) of this subsection, the injured patient or the patient's representative is permitted to present rebuttal evidence, so long as such evidence is otherwise admissible.
[ 2021 c 241 s 2; 2011 c 336 s 251; 1983 c 149 s 2; 1975-'76 2nd ex.s. c 56 s 9.]
Notes:
Findings—Intent—2021 c 241: "(1) The legislature finds that the COVID-19 pandemic, a public health crisis, has placed an oversized burden on Washington's health care providers and health care facilities, as they care for communities and families.
(2) The legislature further finds that during the pandemic, the law should accurately reflect the realities of the challenging practice conditions. It is fair and appropriate to give special consideration to the challenges arising during the pandemic, such as evolving and sometimes conflicting direction from health officials regarding treatment for COVID-19 infected patients, supply chain shortages of personal protective equipment and testing supplies, and a proclamation on nonurgent procedures resulting in delayed or missed health screenings and diagnoses.
(3) The legislature intends, during the period of the declared state of emergency due to the COVID-19 pandemic, to amend the current standard of care law governing health care providers to give special consideration to additional relevant factors." [ 2021 c 241 s 1.]
Effective date—2021 c 241: "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 10, 2021]." [ 2021 c 241 s 3.]
Severability—1975-'76 2nd ex.s. c 56: See note following RCW 4.16.350.

catchline: Necessary elements of proof that injury resulted from failure to follow accepted standard of care—COVID-19 pandemic.


title: RCW 7.70.050

text:
(1) The following shall be necessary elements of proof that injury resulted from health care in a civil negligence case or arbitration involving the issue of the alleged breach of the duty to secure an informed consent by a patient or his or her representatives against a health care provider:
(a) That the health care provider failed to inform the patient of a material fact or facts relating to the treatment;
(b) That the patient consented to the treatment without being aware of or fully informed of such material fact or facts;
(c) That a reasonably prudent patient under similar circumstances would not have consented to the treatment if informed of such material fact or facts;
(d) That the treatment in question proximately caused injury to the patient.
(2) Under the provisions of this section a fact is defined as or considered to be a material fact, if a reasonably prudent person in the position of the patient or his or her representative would attach significance to it deciding whether or not to submit to the proposed treatment.
(3) Material facts under the provisions of this section which must be established by expert testimony shall be either:
(a) The nature and character of the treatment proposed and administered;
(b) The anticipated results of the treatment proposed and administered;
(c) The recognized possible alternative forms of treatment; or
(d) The recognized serious possible risks, complications, and anticipated benefits involved in the treatment administered and in the recognized possible alternative forms of treatment, including nontreatment.
(4) If a recognized health care emergency exists and the patient does not have the capacity to give an informed consent and/or a person legally authorized to consent on behalf of the patient is not readily available, his or her consent to required treatment will be implied.
[ 2021 c 270 s 2; 2011 c 336 s 252; 1975-'76 2nd ex.s. c 56 s 10.]
Notes:
Effective date—2021 c 270: See note following RCW 7.70.065.
Severability—1975-'76 2nd ex.s. c 56: See note following RCW 4.16.350.

catchline: Failure to secure informed consent—Necessary elements of proof—Emergency situations.


title: RCW 7.70.060

text:
(1) If a patient who has capacity to make health a care [a health care] decision, or his or her representative if he or she does not have the capacity to make a health care decision, signs a consent form which sets forth the following, the signed consent form shall constitute prima facie evidence that the patient gave his or her informed consent to the treatment administered and the patient has the burden of rebutting this by a preponderance of the evidence:
(a) A description, in language the patient could reasonably be expected to understand, of:
(i) The nature and character of the proposed treatment;
(ii) The anticipated results of the proposed treatment;
(iii) The recognized possible alternative forms of treatment; and
(iv) The recognized serious possible risks, complications, and anticipated benefits involved in the treatment and in the recognized possible alternative forms of treatment, including nontreatment;
(b) Or as an alternative, a statement that the patient elects not to be informed of the elements set forth in (a) of this subsection.
(2) If a patient who has capacity to make a health care decision, or his or her representative if he or she does not have the capacity to make a health care decision, signs an acknowledgment of shared decision making as described in this section, such acknowledgment shall constitute prima facie evidence that the patient gave his or her informed consent to the treatment administered and the patient has the burden of rebutting this by clear and convincing evidence. An acknowledgment of shared decision making shall include:
(a) A statement that the patient, or his or her representative, and the health care provider have engaged in shared decision making as an alternative means of meeting the informed consent requirements set forth by laws, accreditation standards, and other mandates;
(b) A brief description of the services that the patient and provider jointly have agreed will be furnished;
(c) A brief description of the patient decision aid or aids that have been used by the patient and provider to address the needs for (i) high quality, up-to-date information about the condition, including risk and benefits of available options and, if appropriate, a discussion of the limits of scientific knowledge about outcomes; (ii) values clarification to help patients sort out their values and preferences; and (iii) guidance or coaching in deliberation, designed to improve the patient's involvement in the decision process;
(d) A statement that the patient or his or her representative understands: The risk or seriousness of the disease or condition to be prevented or treated; the available treatment alternatives, including nontreatment; and the risks, benefits, and uncertainties of the treatment alternatives, including nontreatment; and
(e) A statement certifying that the patient or his or her representative has had the opportunity to ask the provider questions, and to have any questions answered to the patient's satisfaction, and indicating the patient's intent to receive the identified services.
(3) As used in this section, "shared decision making" means a process in which the physician or other health care practitioner discusses with the patient or his or her representative the information specified in subsection (2) of this section with the use of a patient decision aid and the patient shares with the provider such relevant personal information as might make one treatment or side effect more or less tolerable than others.
(4)(a) As used in this section, "patient decision aid" means a written, audiovisual, or online tool that provides a balanced presentation of the condition and treatment options, benefits, and harms, including, if appropriate, a discussion of the limits of scientific knowledge about outcomes, for any medical condition or procedure, including abortion as defined in RCW 9.02.170 and:
(i)(A) That is certified by one or more national certifying organizations recognized by the medical director of the health care authority; or
(B) That has been evaluated based on the international patient decision aid standards by an organization located in the United States or Canada and has a current overall score satisfactory to the medical director of the health care authority; or
(ii) That, if a current evaluation is not available from an organization located in the United States or Canada, the medical director of the health care authority has independently assessed and certified based on the international patient decision aid standards.
(b) The health care authority may charge a fee to the certification applicant to defray the costs of the assessment and certification under this subsection.
(5) Failure to use a form or to engage in shared decision making, with or without the use of a patient decision aid, shall not be admissible as evidence of failure to obtain informed consent. There shall be no liability, civil or otherwise, resulting from a health care provider choosing either the signed consent form set forth in subsection (1)(a) of this section or the signed acknowledgment of shared decision making as set forth in subsection (2) of this section.
[ 2021 c 270 s 3; 2012 c 101 s 1; 2007 c 259 s 3; 1975-'76 2nd ex.s. c 56 s 11.]
Notes:
Effective date—2021 c 270: See note following RCW 7.70.065.
Subheadings not law—2007 c 259: "Subheadings used in this act are not any part of the law." [ 2007 c 259 s 71.]
Severability—1975-'76 2nd ex.s. c 56: See note following RCW 4.16.350.
Minors
access to personal records: RCW 42.48.020.
liability of provider: RCW 26.09.310.
mental health treatment: Chapter 71.34 RCW.
sexually transmitted diseases: RCW 70.24.110.
Records, rights: RCW 70.02.130.

catchline: Consent form—Contents—Prima facie evidence—Shared decision making—Patient decision aid—Failure to use.


title: RCW 7.70.065

text:
(1) Informed consent for health care for a patient who does not have the capacity to make a health care decision may be obtained from a person authorized to consent on behalf of such patient. For purposes of this section, a person who is of the age of consent to make a particular health care decision is presumed to have capacity, unless a health care provider reasonably determines the person lacks capacity to make the health care decision due to the person's demonstrated inability to understand and appreciate the nature and consequences of a health condition, the proposed treatment, including the anticipated results, benefits, risks, and alternatives to the proposed treatment, including nontreatment, and reach an informed decision as a result of cognitive impairment; and the health care provider documents the basis for the determination in the medical record.
(a) Persons authorized to provide informed consent to health care on behalf of an adult patient who does not have the capacity to make a health care decision shall be a member of one of the following classes of persons in the following order of priority:
(i) The appointed guardian of the patient, if any;
(ii) The individual, if any, to whom the patient has given a durable power of attorney that encompasses the authority to make health care decisions;
(iii) The patient's spouse or state registered domestic partner;
(iv) Children of the patient who are at least eighteen years of age;
(v) Parents of the patient;
(vi) Adult brothers and sisters of the patient;
(vii) Adult grandchildren of the patient who are familiar with the patient;
(viii) Adult nieces and nephews of the patient who are familiar with the patient;
(ix) Adult aunts and uncles of the patient who are familiar with the patient; and
(x)(A) An adult who:
(I) Has exhibited special care and concern for the patient;
(II) Is familiar with the patient's personal values;
(III) Is reasonably available to make health care decisions;
(IV) Is not any of the following: A physician to the patient or an employee of the physician; the owner, administrator, or employee of a health care facility, nursing home, or long-term care facility where the patient resides or receives care; or a person who receives compensation to provide care to the patient; and
(V) Provides a declaration under (a)(x)(B) of this subsection.
(B) An adult who meets the requirements of (a)(x)(A) of this subsection shall provide a declaration, which is effective for up to six months from the date of the declaration, signed and dated under penalty of perjury pursuant to chapter 5.50 RCW, that recites facts and circumstances demonstrating that he or she is familiar with the patient and that he or she:
(I) Meets the requirements of (a)(x)(A) of this subsection;
(II) Is a close friend of the patient;
(III) Is willing and able to become involved in the patient's health care;
(IV) Has maintained such regular contact with the patient as to be familiar with the patient's activities, health, personal values, and morals; and
(V) Is not aware of a person in a higher priority class willing and able to provide informed consent to health care on behalf of the patient.
(C) A health care provider may, but is not required to, rely on a declaration provided under (a)(x)(B) of this subsection. The health care provider or health care facility where services are rendered is immune from suit in any action, civil or criminal, or from professional or other disciplinary action when such reliance is based on a declaration provided in compliance with (a)(x)(B) of this subsection.
(b) If the health care provider seeking informed consent for proposed health care of the patient who does not have the capacity to make a particular health care decision, other than a person who is under the age of consent for the particular health care decision, makes reasonable efforts to locate and secure authorization from a competent person in the first or succeeding class and finds no such person available, authorization may be given by any person in the next class in the order of descending priority. However, no person under this section may provide informed consent to health care:
(i) If a person of higher priority under this section has refused to give such authorization; or
(ii) If there are two or more individuals in the same class and the decision is not unanimous among all available members of that class.
(c) Before any person authorized to provide informed consent on behalf of a patient who does not have the capacity to make a health care decision exercises that authority, the person must first determine in good faith that that patient, if he or she had the capacity to make the health care decision, would consent to the proposed health care. If such a determination cannot be made, the decision to consent to the proposed health care may be made only after determining that the proposed health care is in the patient's best interests. This subsection (1)(c) does not apply to informed consent provided on behalf of a patient who has not reached the age of consent required to make a particular health care decision.
(d) No rights under Washington's death with dignity act, chapter 70.245 RCW, may be exercised through a person authorized to provide informed consent to health care on behalf of a patient who does not have the capacity to make a health care decision.
(2) Informed consent for health care, including mental health care, for a patient who is under the age of majority and who is not otherwise authorized to provide informed consent, may be obtained from a person authorized to consent on behalf of such a patient.
(a) Persons authorized to provide informed consent to health care, including mental health care, on behalf of a patient who is under the age of majority and who is not otherwise authorized to provide informed consent, shall be a member of one of the following classes of persons in the following order of priority:
(i) The appointed guardian, or legal custodian authorized pursuant to Title 26 RCW, of the minor patient, if any;
(ii) A person authorized by the court to consent to medical care for a child in out-of-home placement pursuant to chapter 13.32A or 13.34 RCW, if any;
(iii) Parents of the minor patient;
(iv) The individual, if any, to whom the minor's parent has given a signed authorization to make health care decisions for the minor patient; and
(v) A competent adult representing himself or herself to be a relative responsible for the health care of such minor patient or a competent adult who has signed and dated a declaration under penalty of perjury pursuant to chapter 5.50 RCW stating that the adult person is a relative responsible for the health care of the minor patient. Such declaration shall be effective for up to six months from the date of the declaration.
(b)(i) Informed consent for health care on behalf of a patient who is under the age of majority and who is not otherwise authorized to provide informed consent may be obtained from a school nurse, school counselor, or homeless student liaison when:
(A) Consent is necessary for nonemergency, outpatient, primary care services, including physical examinations, vision examinations and eyeglasses, dental examinations, hearing examinations and hearing aids, immunizations, treatments for illnesses and conditions, and routine follow-up care customarily provided by a health care provider in an outpatient setting, excluding elective surgeries;
(B) The minor patient meets the definition of a "homeless child or youth" under the federal McKinney-Vento homeless education assistance improvements act of 2001, P.L. 107-110, January 8, 2002, 115 Stat. 2005; and
(C) The minor patient is not under the supervision or control of a parent, custodian, or legal guardian, and is not in the care and custody of the department of social and health services.
(ii) A person authorized to consent to care under this subsection (2)(b) and the person's employing school or school district are not subject to administrative sanctions or civil damages resulting from the consent or nonconsent for care, any care, or payment for any care, rendered pursuant to this section. Nothing in this section prevents a health care facility or a health care provider from seeking reimbursement from other sources for care provided to a minor patient under this subsection (2)(b).
(iii) Upon request by a health care facility or a health care provider, a person authorized to consent to care under this subsection (2)(b) must provide to the person rendering care a declaration signed and dated under penalty of perjury pursuant to chapter 5.50 RCW stating that the person is a school nurse, school counselor, or homeless student liaison and that the minor patient meets the elements under (b)(i) of this subsection. The declaration must also include written notice of the exemption from liability under (b)(ii) of this subsection.
(c) A health care provider may, but is not required to, rely on the representations or declaration of a person claiming to be a relative responsible for the care of the minor patient, under (a)(v) of this subsection, or a person claiming to be authorized to consent to the health care of the minor patient under (b) of this subsection, if the health care provider does not have actual notice of the falsity of any of the statements made by the person claiming to be a relative responsible for the health care of the minor patient, or person claiming to be authorized to consent to the health care of the minor patient.
(d) A health care facility or a health care provider may, in its discretion, require documentation of a person's claimed status as being a relative responsible for the health care of the minor patient, or a person claiming to be authorized to consent to the health care of the minor patient under (b) of this subsection. However, there is no obligation to require such documentation.
(e) The health care provider or health care facility where services are rendered shall be immune from suit in any action, civil or criminal, or from professional or other disciplinary action when such reliance is based on a declaration signed under penalty of perjury pursuant to chapter 5.50 RCW stating that the adult person is a relative responsible for the health care of the minor patient under (a)(v) of this subsection, or a person claiming to be authorized to consent to the health care of the minor patient under (b) of this subsection.
(3) An unaccompanied homeless youth who is under the age of majority, who is not otherwise authorized to provide informed consent, and is unable to obtain informed consent under subsection (2)(b)(i) of this section is authorized to provide informed consent for nonemergency, outpatient, primary care services, including physical examinations, vision examinations and eyeglasses, dental examinations, hearing examinations and hearing aids, immunizations, treatments for illnesses and conditions, and routine follow-up care customarily provided by a health care provider in an outpatient setting, excluding elective surgeries.
(a) For purposes of this subsection:
(i) "Unaccompanied" means a youth experiencing homelessness while not in the physical custody of a parent or guardian.
(ii) "Homeless" means without a fixed, regular, and adequate nighttime residence as set forth in the federal McKinney-Vento homeless education assistance improvements act of 2001, P.L. 107-110, January 8, 2002, 115 Stat. 2005.
(b) A health care facility or a health care provider may, in its discretion, require documentation that the minor patient under this subsection (3) is an unaccompanied homeless youth. However, there is no obligation to require such documentation. Acceptable documentation that a minor patient is an unaccompanied homeless youth includes a written or electronic statement signed under penalty of perjury pursuant to chapter 5.50 RCW by:
(i) Staff at a governmental or nonprofit human services agency or homeless services agency;
(ii) An attorney representing the minor patient; or
(iii) An adult relative of the minor patient or other adult with knowledge of the minor patient and the minor patient's housing situation.
(c) A health care provider may, but is not required to, rely on the representations or declaration stating that the patient is an unaccompanied homeless youth, if the health care provider does not have actual notice of the falsity of any of the statements made by the person claiming to be authorized to consent to the health care of the minor patient.
(d) The health care provider or health care facility where services are rendered is immune from suit in any action, civil or criminal, and from professional or other disciplinary action when such reliance is based on a declaration signed under penalty of perjury pursuant to chapter 5.50 RCW stating that the patient is an unaccompanied homeless youth under (b) of this subsection, or is based on the statement of a minor patient regarding the minor patient's housing situation.
(e) A person who provides a statement for documentation that the minor patient is an unaccompanied homeless youth is not subject to administrative sanctions or civil liability for providing documentation in good faith based upon the person's knowledge of the minor patient and the minor patient's housing situation.
(f) During a visit with an unaccompanied homeless youth who provides informed consent authorized under this subsection (3), a primary care provider as defined under RCW 74.09.010 shall use existing best practices that align with any guidelines developed by the office of crime victims advocacy established in RCW 43.280.080 and the commercially sexually exploited children statewide coordinating committee established under *RCW 7.68.801 designed to identify:
(i) Whether the unaccompanied homeless youth may be a victim of human trafficking; and
(ii) Potential referral to additional services, the department of children, youth, and families, or law enforcement.
(4) For the purposes of this section, "health care," "health care provider," and "health care facility" shall be defined as established in RCW 70.02.010.
(5) A person who knowingly provides a false declaration under this section shall be subject to criminal penalties under chapter 9A.72 RCW.
[ 2022 c 291 s 1; 2021 c 270 s 1; 2020 c 312 s 705. Prior: 2019 c 232 s 8; 2019 c 209 s 1; 2017 c 275 s 1; 2007 c 156 s 11; 2006 c 93 s 1; 2005 c 440 s 2; 2003 c 283 s 29; 1987 c 162 s 1.]
Notes:
*Reviser's note: RCW 7.68.801 expired June 30, 2023.
Effective date—2021 c 270: "This act takes effect January 1, 2022." [ 2021 c 270 s 6.]
Effective dates—2020 c 312: See note following RCW 11.130.915.
Intent—2005 c 440: "(1) It is the intent of the legislature to assist children in the care of kin to access appropriate medical services. Children being raised by kin have faced barriers to medical care because their kinship caregivers have not been able to verify that they are the identified primary caregivers of these children. Such barriers pose an especially significant challenge to kinship caregivers in dealing with health professionals when children are left in their care.
(2) It is the intent of the legislature to assist kinship caregivers in accessing appropriate medical care to meet the needs of a child in their care by permitting such responsible adults who are providing care to a child to give informed consent to medical care." [ 2005 c 440 s 1.]

catchline: Informed consent—Persons authorized to provide for patients who do not have capacity—Priority—Unaccompanied homeless minors.


title: RCW 7.70.068

text:
Consent to treatment or admission contained in a validly executed mental health advance directive constitutes informed consent for purposes of this chapter.
[ 2003 c 283 s 30.]

catchline: Informed consent—May be contained in mental health advance directive.


title: RCW 7.70.070

text:
The court shall, in any action under this chapter, determine the reasonableness of each party's attorneys fees. The court shall take into consideration the following:
(1) The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;
(2) The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer;
(3) The fee customarily charged in the locality for similar legal services;
(4) The amount involved and the results obtained;
(5) The time limitations imposed by the client or by the circumstances;
(6) The nature and length of the professional relationship with the client;
(7) The experience, reputation, and ability of the lawyer or lawyers performing the services;
(8) Whether the fee is fixed or contingent.
[1975-'76 2nd ex.s. c 56 s 12.]
Notes:
Severability—1975-'76 2nd ex.s. c 56: See note following RCW 4.16.350.
Attorneys' fees: Chapter 4.84 RCW.

catchline: Attorneys' fees.


title: RCW 7.70.080

text:
Any party may present evidence to the trier of fact that the plaintiff has already been compensated for the injury complained of from any source except the assets of the plaintiff, the plaintiff's representative, or the plaintiff's immediate family. In the event such evidence is admitted, the plaintiff may present evidence of an obligation to repay such compensation and evidence of any amount paid by the plaintiff, or his or her representative or immediate family, to secure the right to the compensation. Compensation as used in this section shall mean payment of money or other property to or on behalf of the plaintiff, rendering of services to the plaintiff free of charge to the plaintiff, or indemnification of expenses incurred by or on behalf of the plaintiff. Notwithstanding this section, evidence of compensation by a defendant health care provider may be offered only by that provider.
[ 2006 c 8 s 315; 1975-'76 2nd ex.s. c 56 s 13.]
Notes:
Findings—Intent—Part headings and subheadings not law—Severability—2006 c 8: See notes following RCW 5.64.010.
Severability—1975-'76 2nd ex.s. c 56: See note following RCW 4.16.350.

catchline: Evidence of compensation from other source.


title: RCW 7.70.090

text:
Members of the board of directors or other governing body of a public or private hospital are not individually liable for personal injuries or death resulting from health care administered by a health care provider granted privileges to provide health care at the hospital unless the decision to grant the privilege to provide health care at the hospital constitutes gross negligence.
[ 1987 c 212 s 1201; 1986 c 305 s 905.]
Notes:
Preamble—Report to legislature—Applicability—Severability—1986 c 305: See notes following RCW 4.16.160.


title: RCW 7.70.100

text:
(1) Before a superior court trial, all causes of action, whether based in tort, contract, or otherwise, for damages arising from injury occurring as a result of health care provided after July 1, 1993, shall be subject to mandatory mediation prior to trial except as provided in subsection (4) of this section.
(2) The supreme court shall by rule adopt procedures to implement mandatory mediation of actions under this chapter. The implementation contemplates the adoption of rules by the supreme court which will require mandatory mediation without exception unless subsection (4) of this section applies. The rules on mandatory mediation shall address, at a minimum:
(a) Procedures for the appointment of, and qualifications of, mediators. A mediator shall have experience or expertise related to actions arising from injury occurring as a result of health care, and be a member of the state bar association who has been admitted to the bar for a minimum of five years or who is a retired judge. The parties may stipulate to a nonlawyer mediator. The court may prescribe additional qualifications of mediators;
(b) Appropriate limits on the amount or manner of compensation of mediators;
(c) The number of days following the filing of a claim under this chapter within which a mediator must be selected;
(d) The method by which a mediator is selected. The rule shall provide for designation of a mediator by the superior court if the parties are unable to agree upon a mediator;
(e) The number of days following the selection of a mediator within which a mediation conference must be held;
(f) A means by which mediation of an action under this chapter may be waived by a mediator who has determined that the claim is not appropriate for mediation; and
(g) Any other matters deemed necessary by the court.
(3) Mediators shall not impose discovery schedules upon the parties.
(4) The mandatory mediation requirement of subsection (2) of this section does not apply to an action subject to mandatory arbitration under chapter 7.06 RCW or to an action in which the parties have agreed, subsequent to the arisal of the claim, to submit the claim to arbitration under chapter 7.04A or 7.70A RCW.
(5) The implementation also contemplates the adoption of a rule by the supreme court for procedures for the parties to certify to the court the manner of mediation used by the parties to comply with this section.
[ 2013 c 82 s 1; 2007 c 119 s 1; 2006 c 8 s 314; 1993 c 492 s 419.]
Notes:
Findings—Intent—Part headings and subheadings not law—Severability—2006 c 8: See notes following RCW 5.64.010.
Medical malpractice review—1993 c 492: "(1) The administrator for the courts shall coordinate a collaborative effort to develop a voluntary system for review of medical malpractice claims by health services experts prior to the filing of a cause of action under chapter 7.70 RCW.
(2) The system shall have at least the following components:
(a) Review would be initiated, by agreement of the injured claimant and the health care provider, at the point at which a medical malpractice claim is submitted to a malpractice insurer or a self-insured health care provider.
(b) By agreement of the parties, an expert would be chosen from a pool of health services experts who have agreed to review claims on a voluntary basis.
(c) The mutually agreed upon expert would conduct an impartial review of the claim and provide his or her opinion to the parties.
(d) A pool of available experts would be established and maintained for each category of health care practitioner by the corresponding practitioner association, such as the Washington state medical association and the Washington state nurses association.
(3) The administrator for the courts shall seek to involve at least the following organizations in a collaborative effort to develop the informal review system described in subsection (2) of this section:
(a) The Washington defense trial lawyers association;
(b) The Washington state trial lawyers association;
(c) The Washington state medical association;
(d) The Washington state nurses association and other employee organizations representing nurses;
(e) The Washington state hospital association;
(f) The Washington state physicians insurance exchange and association;
(g) The Washington casualty company;
(h) The doctor's agency;
(i) Group health cooperative of Puget Sound;
(j) The University of Washington;
(k) Washington osteopathic medical association;
(l) Washington state chiropractic association;
(m) Washington association of naturopathic physicians; and
(n) The department of health.
(4) On or before January 1, 1994, the administrator for the courts shall provide a report on the status of the development of the system described in this section to the governor and the appropriate committees of the senate and the house of representatives." [ 1993 c 492 s 418.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Savings—Reservation of legislative power—Effective dates—1993 c 492: See RCW 43.72.910 through 43.72.915.

catchline: Mandatory mediation of health care claims—Procedures.


title: RCW 7.70.110

text:
The making of a written, good faith request for mediation of a dispute related to damages for injury occurring as a result of health care prior to filing a cause of action under this chapter shall toll the statute of limitations provided in RCW 4.16.350 for one year.
[ 1996 c 270 s 1; 1993 c 492 s 420.]
Notes:
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Savings—Reservation of legislative power—Effective dates—1993 c 492: See RCW 43.72.910 through 43.72.915.

catchline: Mandatory mediation of health care claims—Tolling statute of limitations.


title: RCW 7.70.120

text:
RCW 7.70.100 may not be construed to abridge the right to trial by jury following an unsuccessful attempt at mediation.
[ 1993 c 492 s 421.]
Notes:
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Savings—Reservation of legislative power—Effective dates—1993 c 492: See RCW 43.72.910 through 43.72.915.

catchline: Mandatory mediation of health care claims—Right to trial not abridged.


title: RCW 7.70.130

text:
A cause of action that has been mediated as provided in RCW 7.70.100 shall be exempt from any superior court civil rules mandating arbitration of civil actions or participation in settlement conferences prior to trial.
[ 1993 c 492 s 423.]
Notes:
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Savings—Reservation of legislative power—Effective dates—1993 c 492: See RCW 43.72.910 through 43.72.915.

catchline: Mandatory mediation of health care claims—Exempt from arbitration mandate.


title: RCW 7.70.140

text:
(1) As used in this section:
(a) "Claim" has the same meaning as in RCW 48.140.010(1).
(b) "Claimant" has the same meaning as in RCW 48.140.010(2).
(c) "Commissioner" has the same meaning as in RCW 48.140.010(4).
(d) "Medical malpractice" has the same meaning as in RCW 48.140.010(9).
(2)(a) For claims settled or otherwise disposed of on or after January 1, 2008, the claimant or his or her attorney must report data to the commissioner if any action filed under this chapter results in a final:
(i) Judgment in any amount;
(ii) Settlement or payment in any amount; or
(iii) Disposition resulting in no indemnity payment.
(b) As used in this subsection, "data" means:
(i) The date of the incident of medical malpractice that was the principal cause of the action;
(ii) The principal county in which the incident of medical malpractice occurred;
(iii) The date of suit, if filed;
(iv) The injured person's sex and age on the incident date; and
(v) Specific information about the disposition, judgment, or settlement, including:
(A) The date and amount of any judgment or settlement;
(B) Court costs;
(C) Attorneys' fees; and
(D) Costs of expert witnesses.
[ 2006 c 8 s 209.]
Notes:
Findings—Intent—Part headings and subheadings not law—Severability—2006 c 8: See notes following RCW 5.64.010.

catchline: Medical malpractice closed claim reporting requirements.