RCW 70.41.440
Duty to report violent injuries—Preservation of evidence—Immunity—Privilege.
(1) A hospital shall report to a local law enforcement authority as soon as reasonably possible, taking into consideration a patient's emergency care needs, when the hospital provides treatment for a bullet wound, gunshot wound, or stab wound to a patient. A hospital shall establish a written policy to identify the person or persons responsible for making the report.
(2) The report required under subsection (1) of this section must include the following information, if known:
(a) The name, residence, sex, and age of the patient;
(b) Whether the patient has received a bullet wound, gunshot wound, or stab wound; and
(c) The name of the health care provider providing treatment for the bullet wound, gunshot wound, or stab wound.
(3) Nothing in this section shall limit a person's duty to report under RCW 26.44.030 or 74.34.035.
(4) Any bullets, clothing, or other foreign objects that are removed from a patient for whom a hospital is required to make a report pursuant to subsection (1) of this section shall be preserved and kept in custody in such a way that the identity and integrity thereof are reasonably maintained until the bullets, clothing, or other foreign objects are taken into possession by a law enforcement authority or the hospital's normal period for retention of such items expires, whichever occurs first.
(5) Any hospital or person who in good faith, and without gross negligence or willful or wanton misconduct, makes a report required by this section, cooperates in an investigation or criminal or judicial proceeding related to such report, or maintains bullets, clothing, or other foreign objects, or provides such items to a law enforcement authority as described in subsection (4) of this section, is immune from civil or criminal liability or professional licensure action arising out of or related to the report and its contents or the absence of information in the report, cooperation in an investigation or criminal or judicial proceeding, and the maintenance or provision to a law enforcement authority of bullets, clothing, or other foreign objects under subsection (4) of this section.
(6) The physician-patient privilege described in RCW 5.60.060(4), the registered nurse-patient privilege described in RCW 5.62.020, and any other health care provider-patient privilege created or recognized by law are not a basis for excluding as evidence in any criminal proceeding any report, or information contained in a report made under this section.
(7) All reporting, preservation, or other requirements of this section are secondary to patient care needs and may be delayed or compromised without penalty to the hospital or person required to fulfill the requirements of this section.
(8) If the patient states his or her injury is the result of domestic violence, the hospital shall follow its established processes to inform the patient of resources to assure the safety of the patient and his or her family.
[ 2013 c 252 § 1; 2009 c 359 § 2.]
Structure Revised Code of Washington
Title 70 - Public Health and Safety
Chapter 70.41 - Hospital Licensing and Regulation.
70.41.005 - Transfer of duties to the department of health.
70.41.010 - Declaration of purpose.
70.41.030 - Standards and rules.
70.41.040 - Enforcement of chapter—Personnel—Merit system.
70.41.100 - Applications for licenses and renewals—Fees.
70.41.110 - Licenses, provisional licenses—Issuance, duration, assignment, posting.
70.41.115 - Specialty hospitals—Licenses—Exemptions.
70.41.122 - Exemption from RCW 70.41.120 for hospitals accredited by other entities.
70.41.125 - Hospital construction review process—Coordination with state and local agencies.
70.41.130 - Administrative actions against license—Rules—Procedure.
70.41.150 - Denial, suspension, revocation of license—Disclosure of information.
70.41.155 - Duty to investigate patient well-being.
70.41.160 - Remedies available to department—Duty of attorney general.
70.41.180 - Physicians' services.
70.41.190 - Medical records of patients—Retention and preservation.
70.41.220 - Duty to keep records of restrictions on practitioners' privileges—Penalty.
70.41.240 - Information regarding conversion of hospitals to nonhospital health care facilities.
70.41.250 - Cost disclosure to health care providers.
70.41.300 - Long-term care—Definitions.
70.41.322 - Discharge planning—Requirements—Lay caregivers.
70.41.324 - Discharge planning—Certain policies and criteria not required.
70.41.326 - Discharge planning—Construction—Liability.
70.41.330 - Hospital complaint toll-free telephone number.
70.41.340 - Investigation of hospital complaints—Rules.
70.41.365 - Statewide sexual assault kit tracking system—Participation by hospitals.
70.41.367 - Sexual assault evidence kit collection—Availability, plan, and notice requirements.
70.41.370 - Investigation of complaints of violations concerning nursing technicians.
70.41.380 - Notice of unanticipated outcomes.
70.41.390 - Safe patient handling.
70.41.410 - Nurse staffing committee—Definitions.
70.41.420 - Nurse staffing committee.
70.41.425 - Nurse staffing—Department investigations.
70.41.440 - Duty to report violent injuries—Preservation of evidence—Immunity—Privilege.
70.41.450 - Estimated charges of hospital services—Notice.
70.41.460 - Contract with department of corrections.
70.41.480 - Findings—Intent—Authority to prescribe prepackaged emergency medications—Definitions.
70.41.485 - Opioid overdose reversal medications—Distribution—Labeling—Liability.
70.41.500 - Down syndrome—Parent information.