Title 70 — Title 70 PUBLIC HEALTH AND SAFETY
98 chapters · 1,450 sections in this title.
RCW 70.01.010 Cooperation with federal government—Construction.
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In furtherance of the policy of this state to cooperate with the federal government in the public health programs, the department of health, the state board of health, and the health care authority shall adopt such rules as may become necessary to entitle this state to participat…
RCW 70.01.020 Donation of blood by person sixteen or over—Parental consent.
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(1) Any person of the age of 18 years or over shall be eligible to donate blood, including donation through apheresis, in any voluntary and noncompensatory blood program without the necessity of obtaining parental permission or authorization.(2) Any person between the ages of 16 …
RCW 70.01.030 Health care fees and charges—Estimate.
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(1) Health care providers licensed under Title 18 RCW and health care facilities licensed under Title 70 RCW shall provide the following to a patient upon request:(a) An estimate of fees and charges related to a specific service, visit, or stay; and(b) Information regarding other…
RCW 70.01.040 Provider-based clinics that charge a facility fee—Posting of required notice—Reporting requirements.
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(1) Prior to the delivery of nonemergency services, a provider-based clinic that charges a facility fee shall provide a notice to any patient that the clinic is licensed as part of the hospital and the patient may receive a separate charge or billing for the facility component, w…
RCW 70.01.050 Breast cancer—Breast reconstruction and prostheses—Education campaign.
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(1) The health care authority, in coordination with the department of health, must create and implement a campaign to educate breast cancer patients about the availability of insurance coverage for breast reconstruction and breast prostheses.(2) The health care authority and depa…
RCW 70.01.060 Eating disorder—Diabetes—Public information availability.
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By December 1, 2020, the department of health shall make available on its website links to existing information related to the condition commonly known as "diabulimia," an eating disorder associated with individuals with type 1 diabetes.[ 2020 c 267 s 2.]Notes:Findings—2020 c 267…
RCW 70.01.070 Report and guidelines on epidemic disease preparedness and response.
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(1) The department of health and the department of social and health services shall develop a report and guidelines on epidemic disease preparedness and response for long-term care facilities. In developing the report and guidelines, the department of health and the department of…
RCW 70.02.005 Findings.
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The legislature finds that:(1) Health care information is personal and sensitive information that if improperly used or released may do significant harm to a patient's interests in privacy, health care, or other interests.(2) Patients need access to their own health care informat…
RCW 70.02.010 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Admission" has the same meaning as in RCW 71.05.020.(2) "Audit" means an assessment, evaluation, determination, or investigation of a health care provider by a person …
RCW 70.02.020 Disclosure by health care provider.
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(1) Except as authorized elsewhere in this chapter, a health care provider, an individual who assists a health care provider in the delivery of health care, or an agent and employee of a health care provider may not disclose health care information about a patient to any other pe…
RCW 70.02.030 Patient authorization of disclosure—Health care information—Requirement to provide free copy to patient appealing denial of social security benefits.
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(1) A patient may authorize a health care provider or health care facility to disclose the patient's health care information. A health care provider or health care facility shall honor an authorization and, if requested, provide a copy of the recorded health care information unle…
RCW 70.02.040 Patient's revocation of authorization for disclosure.
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A patient may revoke in writing a disclosure authorization to a health care provider at any time unless disclosure is required to effectuate payments for health care that has been provided or other substantial action has been taken in reliance on the authorization. A patient may …
RCW 70.02.045 Third-party payor release of information.
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Third-party payors shall not release health care information disclosed under this chapter, except as required by chapter 43.371 RCW and RCW 48.43.071 and to the extent that health care providers are authorized to do so under RCW 70.02.050, 70.02.200, and 70.02.210.[ 2018 c 87 s 2…
RCW 70.02.050 Disclosure without patient's authorization—Need-to-know basis.
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(1) A health care provider or health care facility may disclose health care information, except for information and records related to sexually transmitted diseases which are addressed in RCW 70.02.220, about a patient without the patient's authorization to the extent a recipient…
RCW 70.02.060 Discovery request or compulsory process.
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(1) Before service of a discovery request or compulsory process on a health care provider for health care information, an attorney shall provide advance notice to the health care provider and the patient or the patient's attorney involved through service of process or first-class…
RCW 70.02.070 Certification of record.
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Upon the request of the person requesting the record, the health care provider or facility shall certify the record furnished and may charge for such certification in accordance with RCW 36.18.016(5). No record need be certified until the fee is paid. The certification shall be a…
RCW 70.02.080 Patient's examination and copying—Requirements.
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(1) Upon receipt of a written request from a patient to examine or copy all or part of the patient's recorded health care information, a health care provider, as promptly as required under the circumstances, but no later than fifteen working days after receiving the request shall…
RCW 70.02.090 Patient's request—Denial of examination and copying.
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(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 inju…
RCW 70.02.100 Correction or amendment of record.
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(1) For purposes of accuracy or completeness, a patient may request in writing that a health care provider correct or amend its record of the patient's health care information to which a patient has access under RCW 70.02.080.(2) As promptly as required under the circumstances, b…
RCW 70.02.110 Correction or amendment or statement of disagreement—Procedure.
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(1) In making a correction or amendment, the health care provider shall:(a) Add the amending information as a part of the health record; and(b) Mark the challenged entries as corrected or amended entries and indicate the place in the record where the corrected or amended informat…
RCW 70.02.120 Notice of information practices—Display conspicuously.
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(1) A health care provider who provides health care at a health care facility that the provider operates and who maintains a record of a patient's health care information shall create a "notice of information practices" that contains substantially the following:NOTICE"We keep a r…
RCW 70.02.130 Consent by others—Health care representatives.
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(1) A person authorized to consent to health care for another may exercise the rights of that person under this chapter to the extent necessary to effectuate the terms or purposes of the grant of authority. If the patient is a minor and is authorized to consent to health care wit…
RCW 70.02.140 Representative of deceased patient.
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A personal representative of a deceased patient may exercise all of the deceased patient's rights under this chapter. If there is no personal representative, or upon discharge of the personal representative, a deceased patient's rights under this chapter may be exercised by perso…
RCW 70.02.150 Security safeguards.
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A health care provider shall effect reasonable safeguards for the security of all health care information it maintains.Reasonable safeguards shall include affirmative action to delete outdated and incorrect facsimile transmission or other telephone transmittal numbers from comput…
RCW 70.02.160 Retention of record.
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A health care provider shall maintain a record of existing health care information for at least one year following receipt of an authorization to disclose that health care information under RCW 70.02.040, and during the pendency of a request for examination and copying under RCW …
RCW 70.02.170 Civil remedies.
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(1) A person who has complied with this chapter may maintain an action for the relief provided in this section against a health care provider or facility who has not complied with this chapter.(2) The court may order the health care provider or other person to comply with this ch…
RCW 70.02.180 Licensees under chapter 18.225 RCW—Subject to chapter.
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Mental health counselors, marriage and family therapists, and social workers licensed under chapter 18.225 RCW are subject to this chapter.[ 2001 c 251 s 34.]Notes:Severability—2001 c 251: See RCW 18.225.900.
RCW 70.02.200 Disclosure without patient's authorization—Permitted and mandatory disclosures.
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(1) In addition to the disclosures authorized by RCW 70.02.050 and 70.02.210, a health care provider or health care facility may disclose health care information, except for information and records related to sexually transmitted diseases and information related to mental health …
RCW 70.02.205 Disclosure without patient's authorization—Persons with close relationship.
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(1)(a) A health care provider or health care facility may use or disclose the health care information of a patient without obtaining an authorization from the patient or the patient's personal representative if the conditions in (b) of this subsection are met and:(i) The disclosu…
RCW 70.02.210 Disclosure without patient's authorization—Research.
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(1)(a) A health care provider or health care facility may disclose health care information about a patient without the patient's authorization to the extent a recipient needs to know the information, if the disclosure is for use in a research project that an institutional review …
RCW 70.02.220 Sexually transmitted diseases—Permitted and mandatory disclosures.
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(1) No person may disclose or be compelled to disclose the identity of any person who has investigated, considered, or requested a test or treatment for a sexually transmitted disease, except as authorized by this section, RCW 70.02.210, or chapter 70.24 RCW.(2) No person may dis…
RCW 70.02.230 Mental health services, confidentiality of records—Permitted disclosures.
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(1) The fact of admission to a provider for mental health services and all information and records compiled, obtained, or maintained in the course of providing mental health services to either voluntary or involuntary recipients of services at public or private agencies may not b…
RCW 70.02.240 Mental health services—Minors—Permitted disclosures.
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The fact of admission and all information and records related to mental health services obtained through inpatient or outpatient treatment of a minor under chapter 71.34 RCW must be kept confidential, except as authorized by this section or under RCW 70.02.050, 70.02.210, 70.02.2…
RCW 70.02.250 Mental health services—Department of corrections.
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(1) Information and records related to mental health services delivered to a person subject to chapter 9.94A or 9.95 RCW must be released, upon request, by a mental health service agency to department of corrections personnel for whom the information is necessary to carry out the…
RCW 70.02.260 Mental health services—Requests for information and records.
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(1)(a) A mental health service agency shall release to the persons authorized under subsection (2) of this section, upon request:(i) The fact, place, and date of an involuntary commitment, the fact and date of discharge or release, and the last known address of a person who has b…
RCW 70.02.265 Adolescent behavioral health services—Disclosure of treatment information and records—Restrictions and requirements—Immunity from liability.
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(1)(a) When an adolescent voluntarily consents to his or her own mental health treatment under RCW 71.34.500 or 71.34.530, a mental health professional shall not proactively exercise his or her discretion under RCW 70.02.240 to release information or records related to solely men…
RCW 70.02.270 Health care information—Use or disclosure prohibited.
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(1) No person who receives health care information for health care education, or to provide planning, quality assurance, peer review, or administrative, legal, financial, or actuarial services, or other health care operations for or on behalf of a health care provider or health c…
RCW 70.02.280 Health care providers and facilities—Prohibited actions.
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A health care provider, health care facility, and their assistants, employees, agents, and contractors may not:(1) Use or disclose health care information for marketing or fund-raising purposes, unless permitted by federal law; or(2) Sell health care information to a third party,…
RCW 70.02.290 Agency rule-making requirements—Use/destruction of health care information by certain state and local agencies—Unauthorized disclosure—Notice—Rules/policies available on agency's website.
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(1) All state or local agencies obtaining patient health care information pursuant to RCW 70.02.050 and 70.02.200 through 70.02.240 that are not health care facilities or providers shall adopt rules establishing their record acquisition, retention, destruction, and security polic…
RCW 70.02.300 Sexually transmitted diseases—Required statement upon disclosure.
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Whenever disclosure is made of information and records related to sexually transmitted diseases pursuant to this chapter, except for RCW 70.02.050(1)(a) and 70.02.220 (2) (a) and (b) and (7), it must be accompanied by a statement in writing which includes the following or substan…
RCW 70.02.310 Mental health services—Information and records.
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(1) Resource management services shall establish procedures to provide reasonable and timely access to information and records related to mental health services for an individual. However, access may not be denied at any time to records of all medications and somatic treatments r…
RCW 70.02.320 Mental health services—Minors—Prompt entry in record upon disclosure.
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When disclosure of information and records related to mental services pertaining to a minor, as defined in RCW 71.34.020, is made, the date and circumstances under which the disclosure was made, the name or names of the persons or agencies to whom such disclosure was made and the…
RCW 70.02.330 Obtaining confidential records under false pretenses—Penalty.
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Any person who requests or obtains confidential information and records related to mental health services pursuant to this chapter under false pretenses is guilty of a gross misdemeanor.[ 2013 c 200 s 17.]Notes:Effective date—2013 c 200: See note following RCW 70.02.010.
RCW 70.02.340 Disclosure of information and records related to mental health services—Agency rule-making authority.
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The authority shall adopt rules related to the disclosure of information and records related to mental health services.[ 2018 c 201 s 8006; 2014 c 220 s 13; 2013 c 200 s 18.]Notes:Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.Effective date—2014 c 2…
RCW 70.02.350 Release of information to protect the public.
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In addition to any other information required to be released under this chapter, the department of social and health services and the authority are authorized, pursuant to RCW 4.24.550, to release relevant information that is necessary to protect the public, concerning a specific…
RCW 70.02.360 Disclosure authorizations for forensic examinations—Duration.
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A disclosure authorization to a health care provider or health care facility authorizing disclosure of information to law enforcement regarding a forensic examination performed for the purposes of gathering evidence for possible prosecution of a criminal offense must be valid unt…
RCW 70.02.370 Certification of serious health conditions for paid family or medical leave qualification.
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(1) A health care provider shall provide a certification of a serious health condition required by chapter 50A.15 RCW for qualifying a patient for paid family or medical leave, including any required documentation of a serious health condition, within seven calendar days of recei…
RCW 70.02.900 Conflicting laws.
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(1) This chapter does not restrict a health care provider, a third-party payor, or an insurer regulated under Title 48 RCW from complying with obligations imposed by federal or state health care payment programs or federal or state law.(2) This chapter does not modify the terms a…
RCW 70.02.901 Application and construction—1991 c 335.
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This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.[ 1991 c 335 s 903.]
RCW 70.02.902 Short title.
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This act may be cited as the uniform health care information act.[ 1991 c 335 s 904.]