(1) Subject to any conflicting requirement in the
public records act, chapter 42.56 RCW, a health care provider may
deny access to health care information by a patient if the health
care provider reasonably concludes that:
(a) Knowledge of the health care information would be
injurious to the health of the patient;
(b) Knowledge of the health care information could
reasonably be expected to lead to the patient's identification of
an individual who provided the information in confidence and
under circumstances in which confidentiality was appropriate;
(c) Knowledge of the health care information could
reasonably be expected to cause danger to the life or safety of
any individual;
(d) The health care information was compiled and is used
solely for litigation, quality assurance, peer review, or
administrative purposes; or
(e) Access to the health care information is otherwise
prohibited by law.
(2) If a health care provider denies a request for
examination and copying under this section, the provider, to the
extent possible, shall segregate health care information for
which access has been denied under subsection (1) of this section
from information for which access cannot be denied and permit the
patient to examine or copy the disclosable information.
(3) If a health care provider denies a patient's request for
examination and copying, in whole or in part, under subsection
(1)(a) or (c) of this section, the provider shall permit
examination and copying of the record by another health care
provider, selected by the patient, who is licensed, certified,
registered, or otherwise authorized under the laws of this state
to treat the patient for the same condition as the health care
provider denying the request. The health care provider denying
the request shall inform the patient of the patient's right to
select another health care provider under this subsection. The
patient shall be responsible for arranging for compensation of
the other health care provider so selected.
[2005 c 274 § 331; 1991 c 335 § 302.]
NOTES:
Part headings not law -- Effective date -- 2005 c 274: See RCW 42.56.901 and 42.56.902.