Revised Code of Washington
Wash. Rev. Code § 18.225.105 (2025)
Disclosure of information—Exceptions
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A person licensed under this chapter shall not disclose the written acknowledgment of the disclosure statement pursuant to RCW 18.225.100, nor any information acquired from persons consulting the individual in a professional capacity when the information was necessary to enable the individual to render professional services to those persons except:
(1) With the written authorization of that person or, in the case of death or disability, the person's personal representative;
(2) If the person waives the privilege by bringing charges against the person licensed under this chapter;
(3) In response to a subpoena from the secretary. The secretary may subpoena only records related to a complaint or report under RCW 18.130.050;
(5) When disclosure of health care information is permitted under chapter 70.02 RCW; or
(6) To any individual if the person licensed under this chapter reasonably believes that disclosure will avoid or minimize an imminent danger to the health or safety of the individual or any other individual; however, there is no obligation on the part of the provider to so disclose.
Notes:
Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020.
Notes of Decisions
Cited in 3
cases, 2010–2016 · leading case: State v. Schaler, 169 Wash. 2d 274 (2010).
State v. Schaler, 169 Wash. 2d 274 (2010). “See RCW 18.225.105(5); RCW 71.05.390(10). Schaler did not appeal this decision.”
State v. Schaler, 236 P.3d 858 (Wash. 2010). “Although Schaler tried to invoke the patient-mental health counselor privilege to dismiss the charges or prevent Heller-Wilson from testifying, the trial court properly found that Heller-Wilson was statutorily justified in warning Nockels and Busbin and contacting the…”
State Of Washington v. David J. Eimer, No. 73643-4 (Wash. Ct. App. Dec. 12, 2016). “19 Before a court infringes on a rape victim's privacy interest in her privileged records, "the defendant must make a particularized showing that such records are likely to contain material relevant to the defense."20 Evidence is 15 Defense Pretrial Ex.”
Wash. Rev. Code § 18.225.105(5): 2 cases
State v. Schaler, 169 Wash. 2d 274 (2010). “See RCW 18.225.105(5); RCW 71.05.390(10). Schaler did not appeal this decision.”
State v. Schaler, 236 P.3d 858 (Wash. 2010). “Although Schaler tried to invoke the patient-mental health counselor privilege to dismiss the charges or prevent Heller-Wilson from testifying, the trial court properly found that Heller-Wilson was statutorily justified in warning Nockels and Busbin and contacting the…”
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