RCW 70.02.060
Discovery request or compulsory process.
(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 mail, indicating the health care provider from whom the information is sought, what health care information is sought, and the date by which a protective order must be obtained to prevent the health care provider from complying. Such date shall give the patient and the health care provider adequate time to seek a protective order, but in no event be less than fourteen days since the date of service or delivery to the patient and the health care provider of the foregoing. Thereafter the request for discovery or compulsory process shall be served on the health care provider.
(2) Without the written consent of the patient, the health care provider may not disclose the health care information sought under subsection (1) of this section if the requestor has not complied with the requirements of subsection (1) of this section. In the absence of a protective order issued by a court of competent jurisdiction forbidding compliance, the health care provider shall disclose the information in accordance with this chapter. In the case of compliance, the request for discovery or compulsory process shall be made a part of the patient record.
(3) Production of health care information under this section, in and of itself, does not constitute a waiver of any privilege, objection, or defense existing under other law or rule of evidence or procedure.
[ 1991 c 335 § 205.]
Structure Revised Code of Washington
Title 70 - Public Health and Safety
Chapter 70.02 - Medical Records—Health Care Information Access and Disclosure.
70.02.020 - Disclosure by health care provider.
70.02.040 - Patient's revocation of authorization for disclosure.
70.02.045 - Third-party payor release of information.
70.02.050 - Disclosure without patient's authorization—Need-to-know basis.
70.02.060 - Discovery request or compulsory process.
70.02.070 - Certification of record.
70.02.080 - Patient's examination and copying—Requirements.
70.02.090 - Patient's request—Denial of examination and copying.
70.02.100 - Correction or amendment of record.
70.02.110 - Correction or amendment or statement of disagreement—Procedure.
70.02.120 - Notice of information practices—Display conspicuously.
70.02.130 - Consent by others—Health care representatives.
70.02.140 - Representative of deceased patient.
70.02.150 - Security safeguards.
70.02.160 - Retention of record.
70.02.180 - Licensees under chapter 18.225 RCW—Subject to chapter.
70.02.200 - Disclosure without patient's authorization—Permitted and mandatory disclosures.
70.02.205 - Disclosure without patient's authorization—Persons with close relationship.
70.02.210 - Disclosure without patient's authorization—Research.
70.02.220 - Sexually transmitted diseases—Permitted and mandatory disclosures.
70.02.230 - Mental health services, confidentiality of records—Permitted disclosures.
70.02.240 - Mental health services—Minors—Permitted disclosures.
70.02.250 - Mental health services—Department of corrections.
70.02.260 - Mental health services—Requests for information and records.
70.02.270 - Health care information—Use or disclosure prohibited.
70.02.280 - Health care providers and facilities—Prohibited actions.
70.02.300 - Sexually transmitted diseases—Required statement upon disclosure.
70.02.310 - Mental health services—Information and records.
70.02.320 - Mental health services—Minors—Prompt entry in record upon disclosure.
70.02.330 - Obtaining confidential records under false pretenses—Penalty.
70.02.350 - Release of information to protect the public.
70.02.901 - Application and construction—1991 c 335.
70.02.905 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.