§ 42.56.360. Health care
(1) The following health care information is exempt from disclosure under this chapter:
(a) Information obtained by the board of pharmacy as provided in RCW 69.45.090;
(b) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420;
(c) Information and documents created specifically for, and collected and maintained by a quality improvement committee under RCW 43.70.510 or 70.41.200, or by a peer review committee under RCW 4.24.250, or by a quality assurance committee pursuant to RCW 74.42.640 or 18.20.390, or by a hospital, as defined in RCW 43.70.056, for reporting of health care-associated infections under RCW 43.70.056, a notification of an incident under RCW 70.56.040(5), and reports regarding adverse events under RCW 70.56.020(2)(b), regardless of which agency is in possession of the information and documents;
(d)(i) Proprietary financial and commercial information that the submitting entity, with review by the department of health, specifically identifies at the time it is submitted and that is provided to or obtained by the department of health in connection with an application for, or the supervision of, an antitrust exemption sought by the submitting entity under RCW 43.72.310;
(ii) If a request for such information is received, the submitting entity must be notified of the request. Within ten business days of receipt of the notice, the submitting entity shall provide a written statement of the continuing need for confidentiality, which shall be provided to the requester. Upon receipt of such notice, the department of health shall continue to treat information designated under this subsection (1)(d) as exempt from disclosure;
(iii) If the requester initiates an action to compel disclosure under this chapter, the submitting entity must be joined as a party to demonstrate the continuing need for confidentiality;
(e) Records of the entity obtained in an action under RCW 18.71.300 through 18.71.340;
(f) Except for published statistical compilations and reports relating to the infant mortality review studies that do not identify individual cases and sources of information, any records or documents obtained, prepared, or maintained by the local health department for the purposes of an infant mortality review conducted by the department of health under RCW 70.05.170;
(g) Complaints filed under chapter 18.130 RCW after July 27, 1997, to the extent provided in RCW 18.130.095(1); and
(h) Information obtained by the department of health under chapter 70.225 RCW.
(2) Chapter 70.02 RCW applies to public inspection and copying of health care information of patients.
[2008 c 136 § 4. Prior: 2007 c 261 § 4; 2007 c 259 § 49; prior: 2006 c 209 § 9; 2006 c 8 § 112; 2005 c 274 § 416.]
Notes:
Expiration date -- 2008 c 136 § 4: "Section 4 of this act expires July 1, 2009." [2008 c 136 § 6.]
Findings -- 2007 c 261: See note following RCW 43.70.056.
Severability -- Subheadings not law -- 2007 c 259: See notes following RCW 41.05.033.
Effective date -- 2006 c 8 § § 112 and 210: "Sections 112 and 210 of this act take effect July 1, 2006." [2006 c 8 § 405.]
Findings -- Intent -- Part headings and subheadings not law -- Severability -- 2006 c 8: See notes following RCW 5.64.010.
Basic health plan -- Confidentiality: RCW 70.47.150.
RCW 42.56.360
(1) The following health care information is exempt from disclosure under this chapter:
(a) Information obtained by the board of pharmacy as provided in RCW 69.45.090;
(b) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420;
(c) Information and documents created specifically for, and collected and maintained by a quality improvement committee under RCW 43.70.510 or 70.41.200, or by a peer review committee under RCW 4.24.250, or by a quality assurance committee pursuant to RCW 74.42.640 or 18.20.390, or by a hospital, as defined in RCW 43.70.056, for reporting of health care-associated infections under RCW 43.70.056, a notification of an incident under RCW 70.56.040(5), and reports regarding adverse events under RCW 70.56.020(2)(b), regardless of which agency is in possession of the information and documents;
(d)(i) Proprietary financial and commercial information that the submitting entity, with review by the department of health, specifically identifies at the time it is submitted and that is provided to or obtained by the department of health in connection with an application for, or the supervision of, an antitrust exemption sought by the submitting entity under RCW 43.72.310;
(ii) If a request for such information is received, the submitting entity must be notified of the request. Within ten business days of receipt of the notice, the submitting entity shall provide a written statement of the continuing need for confidentiality, which shall be provided to the requester. Upon receipt of such notice, the department of health shall continue to treat information designated under this subsection (1)(d) as exempt from disclosure;
(iii) If the requester initiates an action to compel disclosure under this chapter, the submitting entity must be joined as a party to demonstrate the continuing need for confidentiality;
(e) Records of the entity obtained in an action under RCW 18.71.300 through 18.71.340;
(f) Except for published statistical compilations and reports relating to the infant mortality review studies that do not identify individual cases and sources of information, any records or documents obtained, prepared, or maintained by the local health department for the purposes of an infant mortality review conducted by the department of health under RCW 70.05.170;
(g) Complaints filed under chapter 18.130 RCW after July 27, 1997, to the extent provided in RCW 18.130.095(1);
(h) Information obtained by the department of health under chapter 70.225 RCW; and
(i) Information collected by the department of health under chapter 70.245 RCW except as provided in RCW 70.245.150.
(2) Chapter 70.02 RCW applies to public inspection and copying of health care information of patients.
[2009 c 1 s 23 (Initiative Measure No. 1000, approved November 4, 2008); 2008 c 136 § 4. Prior: 2007 c 261 § 4; 2007 c 259 § 49; prior: 2006 c 209 § 9; 2006 c 8 § 112; 2005 c 274 § 416.]
Notes:
Reviser's note: This section was amended by 2009 c 1 § 23 without cognizance of its amendment by 2008 c 136 § 4. All amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Expiration date -- 2009 c 1 (Initiative Measure No. 1000): "Section 23 of this act expires July 1, 2009." [2009 c 1 § 31 (Initiative Measure No. 1000, approved November 4, 2008).]
Short title -- Severability -- Effective dates -- Captions, part headings, and subpart headings not law -- 2009 c 1 (Initiative Measure No. 1000): See RCW 70.245.901 through 70.245.904.
Expiration date -- 2008 c 136 § 4: "Section 4 of this act expires July 1, 2009." [2008 c 136 § 6.]
Findings -- 2007 c 261: See note following RCW 43.70.056.
Severability -- Subheadings not law -- 2007 c 259: See notes following RCW 41.05.033.
Effective date -- 2006 c 8 § § 112 and 210: "Sections 112 and 210 of this act take effect July 1, 2006." [2006 c 8 § 405.]
Findings -- Intent -- Part headings and subheadings not law -- Severability -- 2006 c 8: See notes following RCW 5.64.010.
Basic health plan -- Confidentiality: RCW 70.47.150.
RCW 42.56.360
(1) The following health care information is exempt from disclosure under this chapter:
(a) Information obtained by the board of pharmacy as provided in RCW 69.45.090;
(b) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420;
(c) Information and documents created specifically for, and collected and maintained by a quality improvement committee under RCW 43.70.510, 70.230.080, or 70.41.200, or by a peer review committee under RCW 4.24.250, or by a quality assurance committee pursuant to RCW 74.42.640 or 18.20.390, or by a hospital, as defined in RCW 43.70.056, for reporting of health care-associated infections under RCW 43.70.056, a notification of an incident under RCW 70.56.040(5), and reports regarding adverse events under RCW 70.56.020(2)(b), regardless of which agency is in possession of the information and documents;
(d)(i) Proprietary financial and commercial information that the submitting entity, with review by the department of health, specifically identifies at the time it is submitted and that is provided to or obtained by the department of health in connection with an application for, or the supervision of, an antitrust exemption sought by the submitting entity under RCW 43.72.310;
(ii) If a request for such information is received, the submitting entity must be notified of the request. Within ten business days of receipt of the notice, the submitting entity shall provide a written statement of the continuing need for confidentiality, which shall be provided to the requester. Upon receipt of such notice, the department of health shall continue to treat information designated under this subsection (1)(d) as exempt from disclosure;
(iii) If the requester initiates an action to compel disclosure under this chapter, the submitting entity must be joined as a party to demonstrate the continuing need for confidentiality;
(e) Records of the entity obtained in an action under RCW 18.71.300 through 18.71.340;
(f) Except for published statistical compilations and reports relating to the infant mortality review studies that do not identify individual cases and sources of information, any records or documents obtained, prepared, or maintained by the local health department for the purposes of an infant mortality review conducted by the department of health under RCW 70.05.170;
(g) Complaints filed under chapter 18.130 RCW after July 27, 1997, to the extent provided in RCW 18.130.095(1);
(h) Information obtained by the department of health under chapter 70.225 RCW; and
(i) Information collected by the department of health under chapter 70.245 RCW except as provided in RCW 70.245.150.
(2) Chapter 70.02 RCW applies to public inspection and copying of health care information of patients.
[2009 c 1 § 24 (Initiative Measure No. 1000, approved November 4, 2008); 2008 c 136 § 5. Prior: 2007 c 273 § 25; 2007 c 261 § 4; 2007 c 259 § 49; prior: 2006 c 209 § 9; 2006 c 8 § 112; 2005 c 274 § 416.]
Notes:
Reviser's note: This section was amended by 2009 c 1 § 24 without cognizance of its amendment by 2008 c 136 § 5. All amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Short title -- Severability -- Effective dates -- Captions, part headings, and subpart headings not law -- 2009 c 1 (Initiative Measure No. 1000): See RCW 70.245.901 through 70.245.904.
Effective date -- 2008 c 136 § 5: "Section 5 of this act takes effect July 1, 2009." [2008 c 136 § 7.]
Effective date -- Implementation -- 2007 c 273: See RCW 70.230.900 and 70.230.901.
Findings -- 2007 c 261: See note following RCW 43.70.056.
Severability -- Subheadings not law -- 2007 c 259: See notes following RCW 41.05.033.
Effective date -- 2006 c 8 § § 112 and 210: "Sections 112 and 210 of this act take effect July 1, 2006." [2006 c 8 § 405.]
Findings -- Intent -- Part headings and subheadings not law -- Severability -- 2006 c 8: See notes following RCW 5.64.010.
Basic health plan -- Confidentiality: RCW 70.47.150.
Sections: Previous 42.56.300 42.56.310 42.56.320 42.56.330 42.56.335 42.56.340 42.56.350 42.56.360 42.56.370 42.56.380 42.56.390 42.56.400 42.56.403 42.56.410 42.56.420 Next
Last modified: April 7, 2009