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70.02.080  <<  70.02.090 >>   70.02.100

RCW 70.02.090

Patient's request — Denial of examination and copying.

(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 injurious to the health of the patient;

     (b) Knowledge of the health care information could reasonably be expected to lead to the patient's identification of an individual who provided the information in confidence and under circumstances in which confidentiality was appropriate;

     (c) Knowledge of the health care information could reasonably be expected to cause danger to the life or safety of any individual;

     (d) The health care information was compiled and is used solely for litigation, quality assurance, peer review, or administrative purposes; or

     (e) Access to the health care information is otherwise prohibited by law.

     (2) If a health care provider denies a request for examination and copying under this section, the provider, to the extent possible, shall segregate health care information for which access has been denied under subsection (1) of this section from information for which access cannot be denied and permit the patient to examine or copy the disclosable information.

     (3) If a health care provider denies a patient's request for examination and copying, in whole or in part, under subsection (1)(a) or (c) of this section, the provider shall permit examination and copying of the record by another health care provider, selected by the patient, who is licensed, certified, registered, or otherwise authorized under the laws of this state to treat the patient for the same condition as the health care provider denying the request. The health care provider denying the request shall inform the patient of the patient's right to select another health care provider under this subsection. The patient shall be responsible for arranging for compensation of the other health care provider so selected.

[2005 c 274 § 331; 1991 c 335 § 302.]

Notes:

     Part headings not law -- Effective date -- 2005 c 274: See RCW 42.56.901 and 42.56.902.