RCW 43.19.783
Loss prevention review team—Final report—Use of report and testimony limited.
(1) The final report from the state agency's loss prevention review team to the director shall be made public by the director promptly after review, and shall be subject to public disclosure. The final report shall be subject to discovery in a civil or administrative proceeding. However, the final report shall not be admitted into evidence or otherwise used in a civil or administrative proceeding except pursuant to subsection (2) of this section.
(2) The relevant excerpt or excerpts from the final report of a loss prevention review team may be used to impeach a fact witness in a civil or administrative proceeding only if the party wishing to use the excerpt or excerpts from the report first shows the court by clear and convincing evidence that the witness, in testimony provided in deposition or at trial in the present proceeding, has contradicted his or her previous statements to the loss prevention review team on an issue of fact material to the present proceeding. In that case, the party may use only the excerpt or excerpts necessary to demonstrate the contradiction. This section shall not be interpreted as expanding the scope of material that may be used to impeach a witness.
(3) No member of a loss prevention review team may be examined in a civil or administrative proceeding as to (a) the work of the loss prevention review team, (b) the incident under review, (c) his or her statements, deliberations, thoughts, analyses, or impressions relating to the work of the loss prevention review team or the incident under review, or (d) the statements, deliberations, thoughts, analyses, or impressions of any other member of the loss prevention review team, or any person who provided information to it, relating to the work of the loss prevention review team or the incident under review.
(4) Any document that exists prior to the appointment of a loss prevention review team, or that is created independently of such a team, does not become inadmissible merely because it is reviewed or used by the loss prevention review team. A person does not become unavailable as a witness merely because the person has been interviewed by or has provided a statement to a loss prevention review team. However, if called as a witness, the person may not be examined regarding the person's interactions with the loss prevention review team, including without limitation whether the loss prevention review team interviewed the person, what questions the loss prevention review team asked, and what answers the person provided to the loss prevention review team. This section shall not be construed as restricting the person from testifying fully in any proceeding regarding his or her knowledge of the incident under review.
(5) Documents prepared by or for the loss prevention review team are inadmissible and may not be used in a civil or administrative proceeding, except that excerpts may be used to impeach the credibility of a witness under the same circumstances that excerpts of the final report may be used pursuant to subsection (2) of this section.
(6) The restrictions set forth in this section shall not apply in a licensing or disciplinary proceeding arising from an agency's effort to revoke or suspend the license of any licensed professional based in whole or in part upon allegations of wrongdoing in connection with the death, injury, or other incident reviewed by the loss prevention review team.
(7) Nothing in RCW 43.19.782 or this section is intended to limit the scope of a legislative inquiry into or review of an incident that is the subject of a loss prevention review.
(8) Nothing in RCW 43.19.782 or in this section affects chapter 70.41 RCW and application of that chapter to state-owned or managed hospitals licensed under chapter 70.41 RCW.
[ 2017 c 318 § 3; 2011 1st sp.s. c 43 § 509; 2002 c 333 § 3. Formerly RCW 43.41.380.]
NOTES:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Intent—2002 c 333: See note following RCW 43.19.782.
Structure Revised Code of Washington
Title 43 - State Government—Executive
Chapter 43.19 - Department of Enterprise Services.
43.19.005 - Department created—Powers and duties.
43.19.008 - Director—Executive powers and management—Review of programs and services—Audit.
43.19.011 - Director—Powers and duties.
43.19.014 - Notification requirements.
43.19.025 - Enterprise services account.
43.19.035 - Commemorative works account.
43.19.125 - Capitol buildings and grounds—Custody and control.
43.19.19054 - Exemptions from statewide policy for purchasing and material control.
43.19.1917 - Records of equipment owned by state—Inspection—"State equipment" defined.
43.19.19190 - Surplus property—Exemption for original or historic state capitol furnishings.
43.19.1920 - Surplus personal property—Donation to emergency shelters.
43.19.19201 - Affordable housing—Inventory of suitable property.
43.19.1921 - Warehouse facilities—Central salvage—Sales, exchanges, between state agencies.
43.19.205 - Chapter not applicable to certain transfers of property.
43.19.455 - Purchase of works of art—Procedure.
43.19.500 - Enterprise services account—Use.
43.19.501 - Thurston county capital facilities account.
43.19.560 - Motor vehicle transportation service—Definitions.
43.19.565 - Motor vehicle transportation service—Powers and duties—Agency exemptions.
43.19.585 - Motor vehicle transportation service—Powers and duties.
43.19.610 - Enterprise services account—Sources—Disbursements.
43.19.620 - Motor vehicle transportation service—Rules and regulations.
43.19.623 - Employee commuting in state-owned or leased vehicle—Policies and regulations.
43.19.630 - Motor vehicle transportation service—Use of personal motor vehicle.
43.19.637 - Clean-fuel vehicles—Purchasing requirements.
43.19.642 - Biodiesel fuel blends—Use by agencies—Annual report.
43.19.643 - Biodiesel fuel blends—Definitions.
43.19.646 - Coordinating the purchase and delivery of biodiesel—Reports.
43.19.647 - Purchase of biofuels and biofuel blends—Contracting authority.
43.19.651 - Fuel cells and renewable or alternative energy sources.
43.19.663 - Clean technologies—Purchase—Definitions.
43.19.668 - Energy conservation—Legislative finding—Declaration.
43.19.669 - Energy conservation—Purpose.
43.19.670 - Energy conservation—Definitions.
43.19.682 - Energy conservation to be included in landscape objectives.
43.19.685 - Lease covenants, conditions, and terms to be developed—Applicability.
43.19.691 - Municipalities—Energy audits and efficiency.
43.19.695 - Bonds to finance conservation measures.
43.19.708 - Certified veteran-owned businesses—Identification in vendor registry.
43.19.710 - Consolidated mail service—Definitions.
43.19.715 - Consolidated mail service—Area served.
43.19.720 - Consolidated mail service—Review needs of state agencies.
43.19.727 - Small businesses—Effects of technical assistance—Reports—Web-based information system.
43.19.733 - Requirement to utilize print management contracts—Exemptions.
43.19.736 - Print shop services—Bid solicitations—Confidential information.
43.19.739 - Reducing costs—Agencies to consult with department.
43.19.742 - Agency management of print operations—Department rules and guidelines.
43.19.745 - Agency use of envelopes—Standardization.
43.19.751 - Public printing for state agencies and municipal corporations—Allowance of claims.
43.19.760 - Risk management—Principles.
43.19.763 - Risk management—Definitions.
43.19.766 - Risk management—Office created—Powers and duties.
43.19.769 - Risk management—Procurement of insurance and bonds.
43.19.772 - Risk management—Procurement of insurance for municipalities.
43.19.775 - Risk management—Enforcement of bonds under RCW 39.59.010.
43.19.778 - Risk management—Liability account—Actuarial studies.
43.19.781 - Risk management—Safety and loss control program.
43.19.782 - Loss prevention review team—Appointment—Duties—Rules—Annual report.
43.19.783 - Loss prevention review team—Final report—Use of report and testimony limited.
43.19.800 - Transfer of ownership of department-owned vessel—Further requirements.
43.19.805 - Inventory of state land resources—Developing and maintaining—Summaries.
43.19.901 - Transfer of certain powers, duties, functions, and assets of the public printer.