(1) The department of health shall establish and maintain a statewide health care declarations registry containing the health care declarations identified in subsection (2) of this section as submitted by residents of Washington. The department shall digitally reproduce and store health care declarations in the registry. The department may establish standards for individuals to submit digitally reproduced health care declarations directly to the registry, but is not required to review the health care declarations that it receives to ensure they comply with the particular statutory requirements applicable to the document. The department may contract with an organization that meets the standards identified in this section.

     (2)(a) An individual may submit any of the following health care declarations to the department of health to be digitally reproduced and stored in the registry:

     (i) A directive, as defined by this chapter;

     (ii) A durable power of attorney for health care, as authorized in chapter 11.94 RCW;

     (iii) A mental health advance directive, as defined by chapter 71.32 RCW; or

     (iv) A form adopted pursuant to the department of health's authority in RCW 43.70.480.

     (b) Failure to submit a health care declaration to the department of health does not affect the validity of the declaration.

     (c) Failure to notify the department of health of a valid revocation of a health care declaration does not affect the validity of the revocation.

     (d) The entry of a health care directive in the registry under this section does not:

     (i) Affect the validity of the document;

     (ii) Take the place of any requirements in law necessary to make the submitted document legal; or

     (iii) Create a presumption regarding the validity of the document.

     (3) The department of health shall prescribe a procedure for an individual to revoke a health care declaration contained in the registry.

     (4) The registry must:

     (a) Be maintained in a secure database that is accessible through a web site maintained by the department of health;

     (b) Send annual electronic messages to individuals that have submitted health care declarations to request that they review the registry materials to ensure that it is current;

     (c) Provide individuals who have submitted one or more health care declarations with access to their documents and the ability to revoke their documents at all times; and

     (d) Provide the personal representatives of individuals who have submitted one or more health care declarations to the registry, attending physicians, advanced registered nurse practitioners, health care providers licensed by a disciplining authority identified in RCW 18.130.040 who is acting under the direction of a physician or an advanced registered nurse practitioner, and health care facilities, as defined in this chapter or in chapter 71.32 RCW, access to the registry at all times.

     (5) In designing the registry and web site, the department of health shall ensure compliance with state and federal requirements related to patient confidentiality.

     (6) The department shall provide information to health care providers and health care facilities on the registry web site regarding the different federal and Washington state requirements to ascertain and document whether a patient has an advance directive.

     (7) The department of health may accept donations, grants, gifts, or other forms of voluntary contributions to support activities related to the creation and maintenance of the health care declarations registry and statewide public education campaigns related to the existence of the registry. All funds received shall be transferred to the health care declarations registry account, created in RCW 70.122.140.

     (8) The department of health may adopt rules as necessary to implement chapter 108, Laws of 2006.

     (9) By December 1, 2008, the department shall report to the house and senate committees on health care the following information:

     (a) Number of participants in the registry;

     (b) Number of health care declarations submitted by type of declaration as defined in this section;

     (c) Number of health care declarations revoked and the method of revocation;

     (d) Number of providers and facilities, by type, that have been provided access to the registry;

     (e) Actual costs of operation of the registry;

     (f) Donations received by the department for deposit into the health care declarations registry account, created in RCW 70.122.140 by type of donor.

[2006 c 108 § 2.]

NOTES:

     Finding -- Intent -- 2006 c 108: "The legislature finds that effective communication between patients, their families, and their caregivers regarding their wishes if they become incapacitated results in health care decisions that are more respectful of patients' desires. Whether the communication is for end-of-life planning or incapacity resulting from mental illness, the state must respect those wishes and support efforts to facilitate such communications and to make that information available when it is needed.

     It is the intent of the legislature to establish an electronic registry to improve access to health care decision-making documents. The registry would support, not supplant, the current systems for advance directives and mental health advance directives by improving access to these documents. It is the legislature's intent that the registry would be consulted by health care providers in every instance where there may be a question about the patient's wishes for periods of incapacity and the existence of a document that may clarify a patient's intentions unless the circumstances are such that consulting the registry would compromise the emergency care of the patient." [2006 c 108 § 1.]