Washington state passed a new law (HB 1287) that clears up confusion about how mental health professionals can share patient information. Effective July 27, the law helps ensure licensed counselors, therapists and social workers follow consistent privacy rules when coordinating care.
Prior to this law, there were two sets of rules in an apparent conflict. The laws, one under the Uniform Healthcare Information Act and another specific to mental health professionals, made it unclear how and when patient information could be shared. WSHA received a number of questions from members regarding this discrepancy in disclosure requirements, and we are happy to have advocated for and received clarification from the legislature on this issue.
The Uniform Healthcare Information Act, chapter 70.02 RCW, and confidentiality requirements in 18.225.105 and 18.19.180 RCW, which apply to licensed and certified behavioral health professionals under Title 18. The language in 18.225.105 and 18.19.180 RCW appeared to require stricter confidentiality obligations than those enumerated in 70.02 RCW. The new law clarifies that 18.225.105 and 18.19.180 RCW are not intended to create a higher confidentiality standard, and as long as disclosure by behavioral health professionals is in compliance with chapter 70.02 RCW, there is no violation of state privacy laws. (Cara Helmer)