Wash. Admin. Code § 388-01-150 - May a third party request a client's record?
(1) A
third party, such as a DSHS client's attorney or lay representative, may access
confidential records about a DSHS client with a valid authorization.
(2) The authorization should:
(a) Identify the client;
(b) Identify the individual(s) or
organization(s) authorized to receive the records;
(c) State that DSHS may disclose the
information to the requester;
(d)
Identify the record(s) that the client wants DSHS to release;
(e) State the date the authorization expires
or an expiration event that relates to the client or the purpose of the use of
disclosure;
(f) State the reason
for disclosure;
(g) State the right
to revoke;
(h) State the potential
for redisclosure;
(i) As
appropriate, include specific language authorizing DSHS to release any one or
more of the following to the requester: substance use disorder records, HIV or
STD records, or mental health records; and
(j) Include a dated verified signature of the
individual with legal authority to authorize the release of records.
(3) DSHS may ask for additional
proof to verify the third party's authority to access confidential
records.
(4) In general, a parent
may access confidential records about a child under age 18. But a child must
consent to disclosure of the following confidential records:
(a) At any age, birth control or abortion
records (see
RCW
9.02.100);
(b) If over age 13, substance use disorder or
mental health records (see
RCW
71.34.530);
(c) If over age 14, sexually transmitted
disease records (see
RCW
70.24.110); and
(d) If over age 18, all client records held
by DSHS.
(5) Legal
guardians authorized by court order to act on behalf of a client are not
considered to be a third party request.
Notes
Statutory Authority: RCW 42.17.250 and 34.05.220. 99-15-065, § 388-01-150, filed 7/19/99, effective 8/19/99.
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