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Health Care Providers—Confidential or Privileged Information--Disclosure - Wash. Rev. Code 70.02.230
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Records and information relating to the mental health of an individual are confidential and privileged to the patient, and may only be disclosed in accordance with the statute.
Disclosure With Consent:
A patient may consent to the disclosure of their mental health information to a designated person. A patient’s guardian may consent on the patient’s behalf. If the patient is a minor, the minor’s parent may consent on the patient’s behalf.
Disclosure Without Consent:
Information relating to an individual’s mental health may be disclosed without the patient’s consent under the following circumstances:
· Between qualified providers for the purpose of providing treatment or for referral
· To a patient’s next of kin, attorney, personal representative, guardian or conservator, regarding the patient’s condition and expected duration of stay, and any other information that may be necessary to decide whether proceedings for conservator or guardianship should be instituted
· In connection with a court ordering involuntary commitment
· When required by HIPAA
· To certain law enforcement or corrections personal in connection with the ordered evaluation of a criminal or person who poses a serious threat
· To law enforcement or to an intended victim if the patient has threatened the health and safety of another person; an individual or organization who makes a disclosure under this provision is protected from civil liability provided that the disclosure was made in good faith
· To law enforcement or corrections personnel in connection with an unauthorized disappearance from a facility
· To agency staff to evaluate adequacy of the individual’s treatment
· As necessary during a medical emergency
· To the secretary of social and health services for research or program evaluation purposes
Disclosure Pursuant to Court Order:
Records and information relating to the mental health treatment of an individual may be disclosed pursuant to a lawful court order.
Penalty:
An individual may bring an action against anyone they believe willfully violated the statute by making an unauthorized disclosure of their confidential mental health information, and recover $1,000 or three times the actual damages, whichever is greater.
Current as of June 2015