(1) Except as otherwise provided by law,
all treatment records shall remain confidential and may be
released only to the persons designated in this section, or to
other persons designated in an informed written consent of the
patient.
(2) Treatment records of a person may be released without
informed written consent in the following circumstances:
(a) To a person, organization, or agency as necessary for
management or financial audits, or program monitoring and
evaluation. Information obtained under this subsection shall
remain confidential and may not be used in a manner that
discloses the name or other identifying information about the
person whose records are being released.
(b) To the department, the director of regional support
networks, or a qualified staff member designated by the director
only when necessary to be used for billing or collection
purposes. The information shall remain confidential.
(c) For purposes of research as permitted in chapter 42.48 RCW.
(d) Pursuant to lawful order of a court.
(e) To qualified staff members of the department, to the
director of regional support networks, to resource management
services responsible for serving a patient, or to service
providers designated by resource management services as necessary
to determine the progress and adequacy of treatment and to
determine whether the person should be transferred to a less
restrictive or more appropriate treatment modality or facility.
The information shall remain confidential.
(f) Within the treatment facility where the patient is
receiving treatment, confidential information may be disclosed to
persons employed, serving in bona fide training programs, or
participating in supervised volunteer programs, at the facility
when it is necessary to perform their duties.
(g) Within the department as necessary to coordinate
treatment for mental illness, developmental disabilities,
alcoholism, or drug abuse of persons who are under the
supervision of the department.
(h) To a licensed physician or psychiatric advanced
registered nurse practitioner who has determined that the life or
health of the person is in danger and that treatment without the
information contained in the treatment records could be injurious
to the patient's health. Disclosure shall be limited to the
portions of the records necessary to meet the medical emergency.
(i) To a facility that is to receive a person who is
involuntarily committed under chapter 71.05 RCW, or upon transfer of the person from one
treatment facility to another. The release of records under this
subsection shall be limited to the treatment records required by
law, a record or summary of all somatic treatments, and a
discharge summary. The discharge summary may include a statement
of the patient's problem, the treatment goals, the type of
treatment which has been provided, and recommendation for future
treatment, but may not include the patient's complete treatment
record.
(j) Notwithstanding the provisions of RCW 71.05.390(7), to a
correctional facility or a corrections officer who is responsible
for the supervision of a person who is receiving inpatient or
outpatient evaluation or treatment. Except as provided in RCW 71.05.445 and 71.34.345, release of records under this section is
limited to:
(i) An evaluation report provided pursuant to a written
supervision plan.
(ii) The discharge summary, including a record or summary of
all somatic treatments, at the termination of any treatment
provided as part of the supervision plan.
(iii) When a person is returned from a treatment facility to
a correctional facility, the information provided under (j)(iv)
of this subsection.
(iv) Any information necessary to establish or implement
changes in the person's treatment plan or the level or kind of
supervision as determined by resource management services. In
cases involving a person transferred back to a correctional
facility, disclosure shall be made to clinical staff only.
(k) To the person's counsel or guardian ad litem, without
modification, at any time in order to prepare for involuntary
commitment or recommitment proceedings, reexaminations, appeals,
or other actions relating to detention, admission, commitment, or
patient's rights under chapter 71.05 RCW.
(l) To staff members of the protection and advocacy agency
or to staff members of a private, nonprofit corporation for the
purpose of protecting and advocating the rights of persons with
mental disorders or developmental disabilities. Resource
management services may limit the release of information to the
name, birthdate, and county of residence of the patient,
information regarding whether the patient was voluntarily
admitted, or involuntarily committed, the date and place of
admission, placement, or commitment, the name and address of a
guardian of the patient, and the date and place of the guardian's
appointment. Any staff member who wishes to obtain additional
information shall notify the patient's resource management
services in writing of the request and of the resource management
services' right to object. The staff member shall send the
notice by mail to the guardian's address. If the guardian does
not object in writing within fifteen days after the notice is
mailed, the staff member may obtain the additional information.
If the guardian objects in writing within fifteen days after the
notice is mailed, the staff member may not obtain the additional
information.
(m) For purposes of coordinating health care, the department
may release without informed written consent of the patient,
information acquired for billing and collection purposes as
described in (b) of this subsection to all current treating
providers of the patient with prescriptive authority who have
written a prescription for the patient within the last twelve
months. The department shall notify the patient that billing and
collection information has been released to named providers, and
provide the substance of the information released and the dates
of such release. The department shall not release counseling,
inpatient psychiatric hospitalization, or drug and alcohol
treatment information without a signed written release from the
client.
(3) Whenever federal law or federal regulations restrict the
release of information contained in the treatment records of any
patient who receives treatment for chemical dependency, the
department may restrict the release of the information as
necessary to comply with federal law and regulations.
[2009 c 217 § 8; 2007 c 191 § 1; 2005 c 504 § 112; 2000 c 75 § 5; 1989 c 205 § 13.]
RCW 71.05.630(1) Except as otherwise provided by law,
all treatment records shall remain confidential and may be
released only to the persons designated in this section, or to
other persons designated in an informed written consent of the
patient.
(2) Treatment records of a person may be released without
informed written consent in the following circumstances:
(a) To a person, organization, or agency as necessary for
management or financial audits, or program monitoring and
evaluation. Information obtained under this subsection shall
remain confidential and may not be used in a manner that
discloses the name or other identifying information about the
person whose records are being released.
(b) To the department, the director of regional support
networks, or a qualified staff member designated by the director
only when necessary to be used for billing or collection
purposes. The information shall remain confidential.
(c) For purposes of research as permitted in chapter 42.48 RCW.
(d) Pursuant to lawful order of a court.
(e) To qualified staff members of the department, to the
director of regional support networks, to resource management
services responsible for serving a patient, or to service
providers designated by resource management services as necessary
to determine the progress and adequacy of treatment and to
determine whether the person should be transferred to a less
restrictive or more appropriate treatment modality or facility.
The information shall remain confidential.
(f) Within the treatment facility where the patient is
receiving treatment, confidential information may be disclosed to
persons employed, serving in bona fide training programs, or
participating in supervised volunteer programs, at the facility
when it is necessary to perform their duties.
(g) Within the department as necessary to coordinate
treatment for mental illness, developmental disabilities,
alcoholism, or drug abuse of persons who are under the
supervision of the department.
(h) To a licensed physician who has determined that the life
or health of the person is in danger and that treatment without
the information contained in the treatment records could be
injurious to the patient's health. Disclosure shall be limited
to the portions of the records necessary to meet the medical
emergency.
(i) To a facility that is to receive a person who is
involuntarily committed under chapter 71.05 RCW, or upon transfer of the person from one
treatment facility to another. The release of records under this
subsection shall be limited to the treatment records required by
law, a record or summary of all somatic treatments, and a
discharge summary. The discharge summary may include a statement
of the patient's problem, the treatment goals, the type of
treatment which has been provided, and recommendation for future
treatment, but may not include the patient's complete treatment
record.
(j) ((Notwithstanding the provisions of RCW 71.05.390(7), to
a correctional facility or a corrections officer who is
responsible for the supervision of a person who is receiving
inpatient or outpatient evaluation or treatment. Except as
provided in RCW 71.05.445 and 71.34.345, release of records under
this section is limited to:)) To the person's counsel or guardian ad litem, without
modification, at any time in order to prepare for involuntary
commitment or recommitment proceedings, reexaminations, appeals,
or other actions relating to detention, admission, commitment, or
patient's rights under chapter 71.05 RCW.
(i) An evaluation report provided pursuant to a written
supervision plan.
(ii) The discharge summary, including a record or summary of
all somatic treatments, at the termination of any treatment
provided as part of the supervision plan.
(iii) When a person is returned from a treatment facility to
a correctional facility, the information provided under (j)(iv)
of this subsection.
(iv) Any information necessary to establish or implement
changes in the person's treatment plan or the level or kind of
supervision as determined by resource management services. In
cases involving a person transferred back to a correctional
facility, disclosure shall be made to clinical staff only.
(k)
(((l))) (k) To staff members of the protection and advocacy
agency or to staff members of a private, nonprofit corporation
for the purpose of protecting and advocating the rights of
persons with mental disorders or developmental disabilities.
Resource management services may limit the release of information
to the name, birthdate, and county of residence of the patient,
information regarding whether the patient was voluntarily
admitted, or involuntarily committed, the date and place of
admission, placement, or commitment, the name and address of a
guardian of the patient, and the date and place of the guardian's
appointment. Any staff member who wishes to obtain additional
information shall notify the patient's resource management
services in writing of the request and of the resource management
services' right to object. The staff member shall send the
notice by mail to the guardian's address. If the guardian does
not object in writing within fifteen days after the notice is
mailed, the staff member may obtain the additional information.
If the guardian objects in writing within fifteen days after the
notice is mailed, the staff member may not obtain the additional
information.
(((m))) (l) For purposes of coordinating health care, the
department may release without informed written consent of the
patient, information acquired for billing and collection purposes
as described in (b) of this subsection to all current treating
providers of the patient with prescriptive authority who have
written a prescription for the patient within the last twelve
months. The department shall notify the patient that billing and
collection information has been released to named providers, and
provide the substance of the information released and the dates
of such release. The department shall not release counseling,
inpatient psychiatric hospitalization, or drug and alcohol
treatment information without a signed written release from the
client.
(3) Whenever federal law or federal regulations restrict the
release of information contained in the treatment records of any
patient who receives treatment for chemical dependency, the
department may restrict the release of the information as
necessary to comply with federal law and regulations.
[2009 c 320 § 5; 2007 c 191 § 1; 2005 c 504 § 112; 2000 c 75 § 5; 1989 c 205 § 13.]
NOTES:
Conflict with federal requirements -- 2009 c 320: See note following RCW 71.05.020.
RCW 71.05.630
Treatment records -- Confidential -- Release (as
amended by 2009 c 398).
(1) Except as otherwise provided by law,
all treatment records shall remain confidential and may be
released only to the persons designated in this section, or to
other persons designated in an informed written consent of the
patient.
(2) Treatment records of a person may be released without
informed written consent in the following circumstances:
(a) To a person, organization, or agency as necessary for
management or financial audits, or program monitoring and
evaluation. Information obtained under this subsection shall
remain confidential and may not be used in a manner that
discloses the name or other identifying information about the
person whose records are being released.
(b) To the department, the director of regional support
networks, or a qualified staff member designated by the director
only when necessary to be used for billing or collection
purposes. The information shall remain confidential.
(c) For purposes of research as permitted in chapter 42.48 RCW.
(d) Pursuant to lawful order of a court.
(e) To qualified staff members of the department, to the
director of regional support networks, to resource management
services responsible for serving a patient, or to service
providers designated by resource management services as necessary
to determine the progress and adequacy of treatment and to
determine whether the person should be transferred to a less
restrictive or more appropriate treatment modality or facility.
The information shall remain confidential.
(f) Within the treatment facility where the patient is
receiving treatment, confidential information may be disclosed to
persons employed, serving in bona fide training programs, or
participating in supervised volunteer programs, at the facility
when it is necessary to perform their duties.
(g) Within the department as necessary to coordinate
treatment for mental illness, developmental disabilities,
alcoholism, or drug abuse of persons who are under the
supervision of the department.
(h) To a licensed physician who has determined that the life
or health of the person is in danger and that treatment without
the information contained in the treatment records could be
injurious to the patient's health. Disclosure shall be limited
to the portions of the records necessary to meet the medical
emergency.
(i) Consistent with the requirements of the health
information portability and accountability act, to a licensed
mental health professional, as defined in RCW 71.05.020, or a
health care professional licensed under chapter 18.71, 18.71A, 18.57, 18.57A, 18.79, or 18.36A RCW who is providing care to a
person, or to whom a person has been referred for evaluation or
treatment, to assure coordinated care and treatment of that
person. Psychotherapy notes, as defined in 45 C.F.R. Sec.
164.501, may not be released without authorization of the person
who is the subject of the request for release of information.
(j) To administrative and office support staff designated to
obtain medical records for those licensed professionals listed in
(i) of this subsection.
(k) To a facility that is to receive a person who is
involuntarily committed under chapter 71.05 RCW, or upon transfer of the person from one
treatment facility to another. The release of records under this
subsection shall be limited to the treatment records required by
law, a record or summary of all somatic treatments, and a
discharge summary. The discharge summary may include a statement
of the patient's problem, the treatment goals, the type of
treatment which has been provided, and recommendation for future
treatment, but may not include the patient's complete treatment
record.
(((j))) (l) Notwithstanding the provisions of RCW 71.05.390(7), to a correctional facility or a corrections officer
who is responsible for the supervision of a person who is
receiving inpatient or outpatient evaluation or treatment.
Except as provided in RCW 71.05.445 and 71.34.345, release of
records under this section is limited to:
(i) An evaluation report provided pursuant to a written
supervision plan.
(ii) The discharge summary, including a record or summary of
all somatic treatments, at the termination of any treatment
provided as part of the supervision plan.
(iii) When a person is returned from a treatment facility to
a correctional facility, the information provided under (((j)))
(l)(iv) of this subsection.
(iv) Any information necessary to establish or implement
changes in the person's treatment plan or the level or kind of
supervision as determined by resource management services. In
cases involving a person transferred back to a correctional
facility, disclosure shall be made to clinical staff only.
(((k))) (m) To the person's counsel or guardian ad litem,
without modification, at any time in order to prepare for
involuntary commitment or recommitment proceedings,
reexaminations, appeals, or other actions relating to detention,
admission, commitment, or patient's rights under chapter 71.05 RCW.
(((l))) (n) To staff members of the protection and advocacy
agency or to staff members of a private, nonprofit corporation
for the purpose of protecting and advocating the rights of
persons with mental disorders or developmental disabilities.
Resource management services may limit the release of information
to the name, birthdate, and county of residence of the patient,
information regarding whether the patient was voluntarily
admitted, or involuntarily committed, the date and place of
admission, placement, or commitment, the name and address of a
guardian of the patient, and the date and place of the guardian's
appointment. Any staff member who wishes to obtain additional
information shall notify the patient's resource management
services in writing of the request and of the resource management
services' right to object. The staff member shall send the
notice by mail to the guardian's address. If the guardian does
not object in writing within fifteen days after the notice is
mailed, the staff member may obtain the additional information.
If the guardian objects in writing within fifteen days after the
notice is mailed, the staff member may not obtain the additional
information.
(((m))) (o) For purposes of coordinating health care, the
department may release without informed written consent of the
patient, information acquired for billing and collection purposes
as described in (b) of this subsection to all current treating
providers of the patient with prescriptive authority who have
written a prescription for the patient within the last twelve
months. The department shall notify the patient that billing and
collection information has been released to named providers, and
provide the substance of the information released and the dates
of such release. The department shall not release counseling,
inpatient psychiatric hospitalization, or drug and alcohol
treatment information without a signed written release from the
client.
(3) Whenever federal law or federal regulations restrict the
release of information contained in the treatment records of any
patient who receives treatment for chemical dependency, the
department may restrict the release of the information as
necessary to comply with federal law and regulations.
[2009 c 398 § 1; 2007 c 191 § 1; 2005 c 504 § 112; 2000 c 75 § 5; 1989 c 205 § 13.]
NOTES:
Reviser's note: RCW 71.05.630 was amended three times during the 2009 legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Findings -- Intent -- Severability -- Application -- Construction--Captions, part headings, subheadings not law -- Adoption of rules -- Effective dates -- 2005 c 504: See notes following RCW 71.05.027.
Alphabetization--Correction of references--2005 c 504: See note following RCW 71.05.020.
Intent -- 2000 c 75: See note following RCW 71.05.445.
Contingent effective date -- 1989 c 205 §§ 11-19: See note following RCW 71.05.620.