Wash. Rev. Code » Title 70 · Chapter 70.02
Revised Code of Washington

Wash. Rev. Code § 70.02.090 (2026)

Patient's request—Denial of examination and copying

✓ current as of May 2026
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(1) Subject to any conflicting requirement in the public records act, chapter 42.56 RCW, a health care provider may deny access to health care information by a patient if the health care provider reasonably concludes that:
(a) Knowledge of the health care information would be injurious to the health of the patient;
(b) Knowledge of the health care information could reasonably be expected to lead to the patient's identification of an individual who provided the information in confidence and under circumstances in which confidentiality was appropriate;
(c) Knowledge of the health care information could reasonably be expected to cause danger to the life or safety of any individual;
(d) The health care information was compiled and is used solely for litigation, quality assurance, peer review, or administrative purposes; or
(e) Access to the health care information is otherwise prohibited by law.
(2) If a health care provider denies a request for examination and copying under this section, the provider, to the extent possible, shall segregate health care information for which access has been denied under subsection (1) of this section from information for which access cannot be denied and permit the patient to examine or copy the disclosable information.
(3) If a health care provider denies a patient's request for examination and copying, in whole or in part, under subsection (1)(a) or (c) of this section, the provider shall permit examination and copying of the record by another health care provider, selected by the patient, who is licensed, certified, registered, or otherwise authorized under the laws of this state to treat the patient for the same condition as the health care provider denying the request. The health care provider denying the request shall inform the patient of the patient's right to select another health care provider under this subsection. The patient shall be responsible for arranging for compensation of the other health care provider so selected.
[ 2005 c 274 s 331; 1991 c 335 s 302.]
Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1999–2025 · leading case: Berger v. Sonneland, 26 P.3d 257 (Wash. 2001).
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Berger v. Sonneland, 26 P.3d 257 (Wash. 2001). “A health care provider shall honor an authorization and, if requested, provide a copy of the recorded health care information unless the health care provider denies the patient access to health care information under RCW 70.02.090. . . . . (4) Except as provided by this chapter,…”
Berger v. Sonneland, 144 Wash. 2d 91 (Wash. 2001). “A health care provider shall honor an authorization and, if requested, provide a copy of the recorded health care information unless the health care provider denies the *106 patient access to health care information under RCW 70.02.090. .... (4) Except as provided by this…”
State v. Schaller, 143 Wash. App. 258 (Wash. Ct. App. 2007). “RCW 70.02.090 is confidentiality of medical records.”
State v. Schaller, 177 P.3d 1139 (Wash. Ct. App. 2007). “RCW 70.02.090 is confidentiality of medical records.”
In re the Marriage of Folise, 54 P.3d 222 (Wash. Ct. App. 2002). · cites it 2× “” The court granted SMH’s motion in part: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Seattle Mental Health’s Motion for Protective Order is GRANTED in part: RCW 70.02.090 requires SMH to segregate those portions of the record that would be injurious to patient’s health and…”
Neel v. Luther Child Ctr., 989 P.2d 600 (Wash. Ct. App. 1999). · cites it 2× “” RCW 70.02.090. But if the health care provider refuses to disclose the records for one of the above reasons, the health care provider must agree to make the records available to another licensed or certified health care provider chosen by the patient or the patient’s…”
Reed (W.D. Wash. 2025). · cites it 3× “Washington Revised Code § 70.02.090 permits health care 15 providers to deny access to health care information if “the health care provider reasonably 16 concludes” the knowledge would “be injurious to the health of the patient,” “could reasonably be 17 expected to” violate…”
— Wash. Rev. Code § 70.02.090(1) — 1 case
Reed (W.D. Wash. 2025). “Washington Revised Code § 70.02.090 permits health care 15 providers to deny access to health care information if “the health care provider reasonably 16 concludes” the knowledge would “be injurious to the health of the patient,” “could reasonably be 17 expected to” violate…”
— Wash. Rev. Code § 70.02.090(3) — 3 cases
In re the Marriage of Folise, 54 P.3d 222 (Wash. Ct. App. 2002). “” The court granted SMH’s motion in part: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Seattle Mental Health’s Motion for Protective Order is GRANTED in part: RCW 70.02.090 requires SMH to segregate those portions of the record that would be injurious to patient’s health and…”
Neel v. Luther Child Ctr., 989 P.2d 600 (Wash. Ct. App. 1999). “” RCW 70.02.090. But if the health care provider refuses to disclose the records for one of the above reasons, the health care provider must agree to make the records available to another licensed or certified health care provider chosen by the patient or the patient’s…”
Reed (W.D. Wash. 2025). “Washington Revised Code § 70.02.090 permits health care 15 providers to deny access to health care information if “the health care provider reasonably 16 concludes” the knowledge would “be injurious to the health of the patient,” “could reasonably be 17 expected to” violate…”
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