reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.02 - Medical Records—Health Care Information Access and Disclosure. › 70.02.140 - Representative of deceased patient.

RCW 70.02.140
Representative of deceased patient.
A personal representative of a deceased patient may exercise all of the deceased patient's rights under this chapter. If there is no personal representative, or upon discharge of the personal representative, a deceased patient's rights under this chapter may be exercised by persons who would have been authorized to make health care decisions for the deceased patient when the patient was living under RCW 7.70.065.
[ 1991 c 335 § 602.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.02 - Medical Records—Health Care Information Access and Disclosure. › 70.02.150 - Security safeguards.

RCW 70.02.150
Security safeguards.
A health care provider shall effect reasonable safeguards for the security of all health care information it maintains.
Reasonable safeguards shall include affirmative action to delete outdated and incorrect facsimile transmission or other telephone transmittal numbers from computer, facsimile, or other databases. When health care information is transmitted electronically to a recipient who is not regularly transmitted health care information from the health care provider, the health care provider shall verify that the number is accurate prior to transmission.
[ 2001 c 16 § 2; 1991 c 335 § 701.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.02 - Medical Records—Health Care Information Access and Disclosure. › 70.02.160 - Retention of record.

RCW 70.02.160
Retention of record.
A health care provider shall maintain a record of existing health care information for at least one year following receipt of an authorization to disclose that health care information under RCW 70.02.040, and during the pendency of a request for examination and copying under RCW 70.02.080 or a request for correction or amendment under RCW 70.02.100.
[ 1991 c 335 § 702.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.02 - Medical Records—Health Care Information Access and Disclosure. › 70.02.170 - Civil remedies.

RCW 70.02.170
Civil remedies.
(1) A person who has complied with this chapter may maintain an action for the relief provided in this section against a health care provider or facility who has not complied with this chapter.
(2) The court may order the health care provider or other person to comply with this chapter. Such relief may include actual damages, but shall not include consequential or incidental damages. The court shall award reasonable attorneys' fees and all other expenses reasonably incurred to the prevailing party.
(3) Any action under this chapter is barred unless the action is commenced within two years after the cause of action is discovered.
(4) A violation of this chapter shall not be deemed a violation of the consumer protection act, chapter 19.86 RCW.
[ 1991 c 335 § 801.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.02 - Medical Records—Health Care Information Access and Disclosure. › 70.02.180 - Licensees under chapter 18.225 RCW—Subject to chapter.

RCW 70.02.180
Licensees under chapter 18.225 RCW—Subject to chapter.
Mental health counselors, marriage and family therapists, and social workers licensed under chapter 18.225 RCW are subject to this chapter.
[ 2001 c 251 § 34.]
NOTES:
Severability—2001 c 251: See RCW 18.225.900.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.02 - Medical Records—Health Care Information Access and Disclosure. › 70.02.210 - Disclosure without patient's authorization—Research.

RCW 70.02.210
Disclosure without patient's authorization—Research.
(1)(a) A health care provider or health care facility may disclose health care information about a patient without the patient's authorization to the extent a recipient needs to know the information, if the disclosure is for use in a research project that an institutional review board has determined:
(i) Is of sufficient importance to outweigh the intrusion into the privacy of the patient that would result from the disclosure;
(ii) Is impracticable without the use or disclosure of the health care information in individually identifiable form;
(iii) Contains reasonable safeguards to protect the information from redisclosure;
(iv) Contains reasonable safeguards to protect against identifying, directly or indirectly, any patient in any report of the research project; and
(v) Contains procedures to remove or destroy at the earliest opportunity, consistent with the purposes of the project, information that would enable the patient to be identified, unless an institutional review board authorizes retention of identifying information for purposes of another research project.
(b) Disclosure under (a) of this subsection may include health care information and records of treatment programs related to chemical dependency addressed in *chapter 70.96A RCW and as authorized by federal law.
(2) In addition to the disclosures required by RCW 70.02.050 and 70.02.200, a health care provider or health care facility shall disclose health care information about a patient without the patient's authorization if:
(a) The disclosure is to county coroners and medical examiners for the investigations of deaths;
(b) The disclosure is to a procurement organization or person to whom a body part passes for the purpose of examination necessary to assure the medical suitability of the body part; or
(c) The disclosure is to a person subject to the jurisdiction of the federal food and drug administration in regards to a food and drug administration-regulated product or activity for which that person has responsibility for quality, safety, or effectiveness of activities.
[ 2014 c 220 § 8; 2013 c 200 § 5.]
NOTES:
*Reviser's note: Chapter 70.96A RCW was repealed and/or recodified in its entirety pursuant to 2016 sp.s. c 29 §§ 301, 601, and 701.
Effective date—2014 c 220 § 8: "Section 8 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 4, 2014]." [ 2014 c 220 § 18.]
Effective date—2013 c 200 § 5: "Section 5 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 10, 2013]." [ 2013 c 200 § 36.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.02 - Medical Records—Health Care Information Access and Disclosure. › 70.02.270 - Health care information—Use or disclosure prohibited.

RCW 70.02.270
Health care information—Use or disclosure prohibited.
(1) No person who receives health care information for health care education, or to provide planning, quality assurance, peer review, or administrative, legal, financial, or actuarial services, or other health care operations for or on behalf of a health care provider or health care facility, may use or disclose any health care information received from the health care provider or health care facility in any manner that would violate the requirements of this chapter if performed by the health care provider or health care facility.
(2) A health care provider or health care facility that has a contractual relationship with a person to provide services described under subsection (1) of this section may terminate the contractual relationship with the person if the health care provider or health care facility learns that the person has engaged in a pattern of activity that violates the person's duties under subsection (1) of this section, unless the person took reasonable steps to correct the breach of confidentiality or has discontinued the violating activity.
[ 2014 c 220 § 10; 2013 c 200 § 11.]
NOTES:
Effective date—2014 c 220: See note following RCW 70.02.290.
Effective date—2013 c 200: See note following RCW 70.02.010.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.02 - Medical Records—Health Care Information Access and Disclosure. › 70.02.280 - Health care providers and facilities—Prohibited actions.

RCW 70.02.280
Health care providers and facilities—Prohibited actions.
A health care provider, health care facility, and their assistants, employees, agents, and contractors may not:
(1) Use or disclose health care information for marketing or fund-raising purposes, unless permitted by federal law; or
(2) Sell health care information to a third party, except:
(a) For purposes of treatment or payment;
(b) For purposes of sale, transfer, merger, or consolidation of a business;
(c) For purposes of remuneration to a third party for services;
(d) As disclosures are required by law;
(e) For purposes of providing access to or accounting of disclosures to an individual;
(f) For public health purposes;
(g) For research;
(h) With an individual's authorization;
(i) Where a reasonable cost-based fee is paid to prepare and transmit health information, where authority to disclose the information is provided in this chapter; or
(j) In a format that is deidentified and aggregated.
[ 2014 c 220 § 11; 2013 c 200 § 12.]
NOTES:
Effective date—2014 c 220: See note following RCW 70.02.290.
Effective date—2013 c 200: See note following RCW 70.02.010.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.02 - Medical Records—Health Care Information Access and Disclosure. › 70.02.290 - Agency rule-making requirements—Use/destruction of health care information by certain state and local agencies—Unauthorized disclosure—Notice—Rules/policies available on agency's website.

RCW 70.02.290
Agency rule-making requirements—Use/destruction of health care information by certain state and local agencies—Unauthorized disclosure—Notice—Rules/policies available on agency's website.
(1) All state or local agencies obtaining patient health care information pursuant to RCW 70.02.050 and 70.02.200 through 70.02.240 that are not health care facilities or providers shall adopt rules establishing their record acquisition, retention, destruction, and security policies that are consistent with this chapter.
(2) State and local agencies that are not health care facilities or providers that have not requested health care information and are not authorized to receive this information under this chapter:
(a) Must not use or disclose this information unless permitted under this chapter; and
(b) Must destroy the information in accordance with the policy developed under subsection (1) of this section or return the information to the entity that provided the information to the state or local agency if the entity is a health care facility or provider and subject to this chapter.
(3) A person who has health care information disclosed in violation of subsection (2)(a) of this section, must be informed of the disclosure by the state or local agency improperly making the disclosure. State and local agencies that are not health care facilities or providers must develop a policy to establish a reasonable notification period and what information must be included in the notice, including whether the name of the entity that originally provided the information to the agency must be included.
(4) Rules or policies adopted under this section must be available through each agency's website.
[ 2014 c 220 § 1; 2013 c 200 § 13.]
NOTES:
Effective date—2014 c 220: "Sections 1 through 7 and 9 through *16 of this act take effect July 1, 2014." [ 2014 c 220 § 17.]
*Reviser's note: 2014 c 220 § 16 was vetoed.
Effective date—2013 c 200: See note following RCW 70.02.010.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.02 - Medical Records—Health Care Information Access and Disclosure. › 70.02.300 - Sexually transmitted diseases—Required statement upon disclosure.

RCW 70.02.300
Sexually transmitted diseases—Required statement upon disclosure.
Whenever disclosure is made of information and records related to sexually transmitted diseases pursuant to this chapter, except for RCW 70.02.050(1)(a) and 70.02.220 (2) (a) and (b) and (7), it must be accompanied by a statement in writing which includes the following or substantially similar language: "This information has been disclosed to you from records whose confidentiality is protected by state law. State law prohibits you from making any further disclosure of it without the specific written authorization of the person to whom it pertains, or as otherwise permitted by state law. A general authorization for the release of medical or other information is NOT sufficient for this purpose." An oral disclosure must be accompanied or followed by such a notice within ten days.
[ 2013 c 200 § 14.]
NOTES:
Effective date—2013 c 200: See note following RCW 70.02.010.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.02 - Medical Records—Health Care Information Access and Disclosure. › 70.02.310 - Mental health services—Information and records.

RCW 70.02.310
Mental health services—Information and records.
(1) Resource management services shall establish procedures to provide reasonable and timely access to information and records related to mental health services for an individual. However, access may not be denied at any time to records of all medications and somatic treatments received by the person.
(2) Following discharge, a person who has received mental health services has a right to a complete record of all medications and somatic treatments prescribed during evaluation, admission, or commitment and to a copy of the discharge summary prepared at the time of his or her discharge. A reasonable and uniform charge for reproduction may be assessed.
(3) Information and records related to mental health services may be modified prior to inspection to protect the confidentiality of other patients or the names of any other persons referred to in the record who gave information on the condition that his or her identity remain confidential. Entire documents may not be withheld to protect such confidentiality.
(4) At the time of discharge resource management services shall inform all persons who have received mental health services of their rights as provided in this chapter and RCW 71.05.620.
[ 2014 c 220 § 12; 2013 c 200 § 15.]
NOTES:
Effective date—2014 c 220: See note following RCW 70.02.290.
Effective date—2013 c 200: See note following RCW 70.02.010.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.02 - Medical Records—Health Care Information Access and Disclosure. › 70.02.320 - Mental health services—Minors—Prompt entry in record upon disclosure.

RCW 70.02.320
Mental health services—Minors—Prompt entry in record upon disclosure.
When disclosure of information and records related to mental services pertaining to a minor, as defined in RCW 71.34.020, is made, the date and circumstances under which the disclosure was made, the name or names of the persons or agencies to whom such disclosure was made and their relationship if any, to the minor, and the information disclosed must be entered promptly in the minor's clinical record.
[ 2013 c 200 § 16.]
NOTES:
Effective date—2013 c 200: See note following RCW 70.02.010.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.02 - Medical Records—Health Care Information Access and Disclosure. › 70.02.330 - Obtaining confidential records under false pretenses—Penalty.

RCW 70.02.330
Obtaining confidential records under false pretenses—Penalty.
Any person who requests or obtains confidential information and records related to mental health services pursuant to this chapter under false pretenses is guilty of a gross misdemeanor.
[ 2013 c 200 § 17.]
NOTES:
Effective date—2013 c 200: See note following RCW 70.02.010.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.02 - Medical Records—Health Care Information Access and Disclosure. › 70.02.340 - Disclosure of information and records related to mental health services—Agency rule-making authority.

RCW 70.02.340
Disclosure of information and records related to mental health services—Agency rule-making authority.
The authority shall adopt rules related to the disclosure of information and records related to mental health services.
[ 2018 c 201 § 8006; 2014 c 220 § 13; 2013 c 200 § 18.]
NOTES:
Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
Effective date—2014 c 220: See note following RCW 70.02.290.
Effective date—2013 c 200: See note following RCW 70.02.010.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.02 - Medical Records—Health Care Information Access and Disclosure. › 70.02.350 - Release of information to protect the public.

RCW 70.02.350
Release of information to protect the public.
In addition to any other information required to be released under this chapter, the department of social and health services and the authority are authorized, pursuant to RCW 4.24.550, to release relevant information that is necessary to protect the public, concerning a specific person committed under RCW * 71.05.280(3) or ** 71.05.320(3)(c) following dismissal of a sex offense as defined in RCW 9.94A.030.
[ 2018 c 201 § 8007; 2013 c 200 § 19.]
NOTES:
Reviser's note: *(1) RCW 71.05.280 was amended by 2013 c 289 § 4, substantially modifying the provisions of subsection (3).
**(2) RCW 71.05.320 was amended by 2013 c 289 § 5, substantially modifying the provisions of subsection (3)(c). RCW 71.05.320 was subsequently amended by 2015 c 250 § 11, changing subsection (3) to subsection (4).
Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
Effective date—2013 c 200: See note following RCW 70.02.010.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.02 - Medical Records—Health Care Information Access and Disclosure. › 70.02.360 - Disclosure authorizations for forensic examinations—Duration.

RCW 70.02.360
Disclosure authorizations for forensic examinations—Duration.
A disclosure authorization to a health care provider or health care facility authorizing disclosure of information to law enforcement regarding a forensic examination performed for the purposes of gathering evidence for possible prosecution of a criminal offense must be valid until the end of all related criminal proceedings or a later event selected by the provider, facility, patient, or patient's representative, unless the patient or patient's representative requests a different expiration date or event for the disclosure authorization.
[ 2023 c 197 § 9.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.02 - Medical Records—Health Care Information Access and Disclosure. › 70.02.900 - Conflicting laws.

RCW 70.02.900
Conflicting laws.
(1) This chapter does not restrict a health care provider, a third-party payor, or an insurer regulated under Title 48 RCW from complying with obligations imposed by federal or state health care payment programs or federal or state law.
(2) This chapter does not modify the terms and conditions of disclosure under Title 51 RCW and chapters 13.50, 26.09, 70.24, *70.96A, and 74.09 RCW and rules adopted under these provisions.
[ 2013 c 200 § 20; 2011 c 305 § 10; 2000 c 5 § 4; 1991 c 335 § 901.]
NOTES:
*Reviser's note: Chapter 70.96A RCW was repealed and/or recodified in its entirety pursuant to 2016 sp.s. c 29 §§ 301, 601, and 701.
Effective date—2013 c 200: See note following RCW 70.02.010.
Findings—2011 c 305: See note following RCW 74.09.295.
Intent—Purpose—2000 c 5: See RCW 48.43.500.
Application—Short title—Captions not law—Construction—Severability—Application to contracts—Effective dates—2000 c 5: See notes following RCW 48.43.500.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.02 - Medical Records—Health Care Information Access and Disclosure. › 70.02.901 - Application and construction—1991 c 335.

RCW 70.02.901
Application and construction—1991 c 335.
This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.
[ 1991 c 335 § 903.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.02 - Medical Records—Health Care Information Access and Disclosure. › 70.02.905 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

RCW 70.02.905
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 § 149.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.03 - Medical Records—Providing Information to Patients. › 70.03.010 - Definitions.

RCW 70.03.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of health.
(2) "Health care entity" means an entity that supervises, controls, grants privileges to, directs the practice of, or directly or indirectly restricts the practice of, a health care provider.
(3) "Health care provider" has the same meaning as in RCW 70.02.010.
(4) "Medically accurate" means information that is verified or supported by research in compliance with scientific methods, is published in peer-reviewed journals, where appropriate, and is recognized as accurate and objective by professional organizations and agencies with expertise in the relevant field.
[ 2020 c 102 § 1.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.03 - Medical Records—Providing Information to Patients. › 70.03.020 - Providing medical information to patients.

RCW 70.03.020
Providing medical information to patients.
(1) If a health care provider is acting in good faith, within the provider's scope of practice, education, training, and experience, including specialty areas of practice and board certification, and within the accepted standard of care, a health care entity may not:
(a) Limit the health care provider's provision of:
(i) Medically accurate and comprehensive information and counseling to a patient regarding the patient's health status including, but not limited to, diagnosis, prognosis, recommended treatment, treatment alternatives, and any potential risks to the patient's health or life; and
(ii) Information about available services and about what relevant resources are available in the community and how to access those resources for obtaining the care of the patient's choice;
(b) Limit the health care provider's provision of information about and regarding Washington's death with dignity act, chapter 70.245 RCW, information about what relevant resources are available in the community, and how to access those resources for obtaining the care of the patient's choice.
(2) A health care entity may not discharge, demote, suspend, discipline, or otherwise discriminate against a health care provider for providing information in compliance with this section.
(3) If any part of this section is found to be in conflict with federal requirements which are a prescribed condition to the receipts of federal funds to the state, the conflicting part of this section is inoperative solely to the extent of the conflict with respect to the agencies directly affected, and such finding or determination shall not affect the operation of the remainder of the section.
[ 2020 c 102 § 2.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.03 - Medical Records—Providing Information to Patients. › 70.03.030 - Information for health care providers and staff.

RCW 70.03.030
Information for health care providers and staff.
A health care entity must provide the information prepared by the department under RCW 43.70.810(1) at the time of hiring, contracting with, or privileging health care providers and staff, and on a yearly basis thereafter. Hospitals must also provide information to clearly inform health care providers and staff of the provisions of the federal emergency medical treatment and labor act (42 U.S.C. Sec. 1395dd), including obligations to screen, stabilize, and transfer patients, at the time of hiring, contracting with, or privileging health care providers and staff, and on a yearly basis thereafter.
[ 2020 c 102 § 3.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.05 - Local Health Departments, Boards, Officers—Regulations. › 70.05.010 - Definitions.

RCW 70.05.010
Definitions.
For the purposes of chapters 70.05 and 70.46 RCW and unless the context thereof clearly indicates to the contrary:
(1) "Local health departments" means the county or district which provides public health services to persons within the area.
(2) "Local health officer" means the legally qualified physician who has been appointed as the health officer for the county or district public health department.
(3) "Local board of health" means the county or district board of health.
(4) "Health district" means all the territory consisting of one or more counties organized pursuant to the provisions of chapters 70.05 and 70.46 RCW.
(5) "Department" means the department of health.
[ 1993 c 492 § 234; 1967 ex.s. c 51 § 1.]
NOTES:
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Savings—Reservation of legislative power—Effective dates—1993 c 492: See RCW 43.72.910 through 43.72.915.
Severability—1967 ex.s. c 51: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1967 ex.s. c 51 § 24.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.05 - Local Health Departments, Boards, Officers—Regulations. › 70.05.040 - Local board of health—Chair—Administrative officer—Vacancies.

RCW 70.05.040
Local board of health—Chair—Administrative officer—Vacancies.
The local board of health shall elect a chair and may appoint an administrative officer. A local health officer shall be appointed pursuant to RCW 70.05.050. Vacancies on the local board of health shall be filled by appointment within thirty days and made in the same manner as was the original appointment. At the first meeting of the local board of health, the members shall elect a chair to serve for a period of one year.
[ 1993 c 492 § 236; 1984 c 25 § 1; 1983 1st ex.s. c 39 § 1; 1967 ex.s. c 51 § 4.]
NOTES:
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Savings—Reservation of legislative power—Effective dates—1993 c 492: See RCW 43.72.910 through 43.72.915.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.05 - Local Health Departments, Boards, Officers—Regulations. › 70.05.045 - Administrative officer—Responsibilities.

RCW 70.05.045
Administrative officer—Responsibilities.
The administrative officer shall act as executive secretary and administrative officer for the local board of health, and shall be responsible for administering the operations of the board including such other administrative duties required by the local health board, except for duties assigned to the health officer as enumerated in RCW 70.05.070 and other applicable state law.
[ 1984 c 25 § 2.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.05 - Local Health Departments, Boards, Officers—Regulations. › 70.05.050 - Local health officer—Qualifications—Employment of personnel—Salary and expenses.

RCW 70.05.050
Local health officer—Qualifications—Employment of personnel—Salary and expenses.
The local health officer shall be an experienced physician licensed to practice medicine and surgery or osteopathic medicine and surgery in this state and who is qualified or provisionally qualified in accordance with the standards prescribed in RCW 70.05.051 through 70.05.055 to hold the office of local health officer. No term of office shall be established for the local health officer but the local health officer shall not be removed until after notice is given, and an opportunity for a hearing before the board or official responsible for his or her appointment under this section as to the reason for his or her removal. The local health officer shall act as executive secretary to, and administrative officer for the local board of health and shall also be empowered to employ such technical and other personnel as approved by the local board of health except where the local board of health has appointed an administrative officer under RCW 70.05.040. The local health officer shall be paid such salary and allowed such expenses as shall be determined by the local board of health. In home rule counties that are part of a health district under this chapter and chapter 70.46 RCW the local health officer and administrative officer shall be appointed by the local board of health.
[ 1996 c 178 § 19; 1995 c 43 § 8; 1993 c 492 § 238; 1984 c 25 § 5; 1983 1st ex.s. c 39 § 2; 1969 ex.s. c 114 § 1; 1967 ex.s. c 51 § 9.]
NOTES:
Effective date—1996 c 178: See note following RCW 18.35.110.
Effective dates—Contingent effective dates—1995 c 43: See note following RCW 70.05.030.
Severability—1995 c 43: See note following RCW 43.70.570.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Savings—Reservation of legislative power—Effective dates—1993 c 492: See RCW 43.72.910 through 43.72.915.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.05 - Local Health Departments, Boards, Officers—Regulations. › 70.05.051 - Local health officer—Qualifications.

RCW 70.05.051
Local health officer—Qualifications.
The following persons holding licenses as required by RCW 70.05.050 shall be deemed qualified to hold the position of local health officer:
(1) Persons holding the degree of master of public health or its equivalent;
(2) Persons not meeting the requirements of subsection (1) of this section, who upon August 11, 1969 are currently employed in this state as a local health officer and whom the secretary of social and health services recommends in writing to the local board of health as qualified; and
(3) Persons qualified by virtue of completing three years of service as a provisionally qualified officer pursuant to RCW 70.05.053 through 70.05.055.
[ 1979 c 141 § 75; 1969 ex.s. c 114 § 2.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.05 - Local Health Departments, Boards, Officers—Regulations. › 70.05.053 - Provisionally qualified local health officers—Appointment—Term—Requirements.

RCW 70.05.053
Provisionally qualified local health officers—Appointment—Term—Requirements.
A person holding a license required by RCW 70.05.050 but not meeting any of the requirements for qualification prescribed by RCW 70.05.051 may be appointed by the board or official responsible for appointing the local health officer under RCW 70.05.050 as a provisionally qualified local health officer for a maximum period of three years upon the following conditions and in accordance with the following procedures:
(1) He or she shall participate in an in-service orientation to the field of public health as provided in RCW 70.05.054, and
(2) He or she shall satisfy the secretary of health pursuant to the periodic interviews prescribed by RCW 70.05.055 that he or she has successfully completed such in-service orientation and is conducting such program of good health practices as may be required by the jurisdictional area concerned.
[ 1991 c 3 § 305; 1983 1st ex.s. c 39 § 3; 1979 c 141 § 76; 1969 ex.s. c 114 § 3.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.05 - Local Health Departments, Boards, Officers—Regulations. › 70.05.054 - Provisionally qualified local health officers—In-service public health orientation program.

RCW 70.05.054
Provisionally qualified local health officers—In-service public health orientation program.
The secretary of health shall provide an in-service public health orientation program for the benefit of provisionally qualified local health officers.
Such program shall consist of—
(1) A three months course in public health training conducted by the secretary either in the state department of health, in a county and/or city health department, in a local health district, or in an institution of higher education; or
(2) An on-the-job, self-training program pursuant to a standardized syllabus setting forth the major duties of a local health officer including the techniques and practices of public health principles expected of qualified local health officers: PROVIDED, That each provisionally qualified local health officer may choose which type of training he or she shall pursue.
[ 1991 c 3 § 306; 1979 c 141 § 77; 1969 ex.s. c 114 § 4.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.05 - Local Health Departments, Boards, Officers—Regulations. › 70.05.055 - Provisionally qualified local health officers—Interview—Evaluation as to qualification as local public health officer.

RCW 70.05.055
Provisionally qualified local health officers—Interview—Evaluation as to qualification as local public health officer.
Each year, on a date which shall be as near as possible to the anniversary date of appointment as provisional local health officer, the secretary of health or his or her designee shall personally visit such provisional officer's office for a personal review and discussion of the activity, plans, and study being carried on relative to the provisional officer's jurisdictional area: PROVIDED, That the third such interview shall occur three months prior to the end of the three year provisional term. A standardized checklist shall be used for all such interviews, but such checklist shall not constitute a grading sheet or evaluation form for use in the ultimate decision of qualification of the provisional appointee as a public health officer.
Copies of the results of each interview shall be supplied to the provisional officer within two weeks following each such interview.
Following the third such interview, the secretary shall evaluate the provisional local health officer's in-service performance and shall notify such officer by certified mail of his or her decision whether or not to qualify such officer as a local public health officer. Such notice shall be mailed at least sixty days prior to the third anniversary date of provisional appointment. Failure to so mail such notice shall constitute a decision that such provisional officer is qualified.
[ 1991 c 3 § 307; 1979 c 141 § 78; 1969 ex.s. c 114 § 5.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.05 - Local Health Departments, Boards, Officers—Regulations. › 70.05.060 - Powers and duties of local board of health.

RCW 70.05.060
Powers and duties of local board of health.
Each local board of health shall have supervision over all matters pertaining to the preservation of the life and health of the people within its jurisdiction and shall:
(1) Enforce through the local health officer or the administrative officer appointed under RCW 70.05.040, if any, the public health statutes of the state and rules promulgated by the state board of health and the secretary of health;
(2) Supervise the maintenance of all health and sanitary measures for the protection of the public health within its jurisdiction;
(3) Enact such local rules and regulations as are necessary in order to preserve, promote and improve the public health and provide for the enforcement thereof;
(4) Provide for the control and prevention of any dangerous, contagious or infectious disease within the jurisdiction of the local health department;
(5) Provide for the prevention, control and abatement of nuisances detrimental to the public health;
(6) Make such reports to the state board of health through the local health officer or the administrative officer as the state board of health may require; and
(7) Establish fee schedules for issuing or renewing licenses or permits or for such other services as are authorized by the law and the rules of the state board of health: PROVIDED, That such fees for services shall not exceed the actual cost of providing any such services.
[ 1991 c 3 § 308; 1984 c 25 § 6; 1979 c 141 § 79; 1967 ex.s. c 51 § 10.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.05 - Local Health Departments, Boards, Officers—Regulations. › 70.05.070 - Local health officer—Powers and duties.

RCW 70.05.070
Local health officer—Powers and duties.
The local health officer, acting under the direction of the local board of health or under direction of the administrative officer appointed under RCW 70.05.040 or 70.05.035, if any, shall:
(1) Enforce the public health statutes of the state, rules of the state board of health and the secretary of health, and all local health rules, regulations and ordinances within his or her jurisdiction including imposition of penalties authorized under RCW 70A.125.030 and 70A.105.120, the confidentiality provisions in RCW 70.02.220 and rules adopted to implement those provisions, and filing of actions authorized by RCW 43.70.190;
(2) Take such action as is necessary to maintain health and sanitation supervision over the territory within his or her jurisdiction;
(3) Control and prevent the spread of any dangerous, contagious or infectious diseases that may occur within his or her jurisdiction;
(4) Inform the public as to the causes, nature, and prevention of disease and disability and the preservation, promotion and improvement of health within his or her jurisdiction;
(5) Prevent, control or abate nuisances which are detrimental to the public health;
(6) Attend all conferences called by the secretary of health or his or her authorized representative;
(7) Collect such fees as are established by the state board of health or the local board of health for the issuance or renewal of licenses or permits or such other fees as may be authorized by law or by the rules of the state board of health;
(8) Inspect, as necessary, expansion or modification of existing public water systems, and the construction of new public water systems, to assure that the expansion, modification, or construction conforms to system design and plans;
(9) Take such measures as he or she deems necessary in order to promote the public health, to participate in the establishment of health educational or training activities, and to authorize the attendance of employees of the local health department or individuals engaged in community health programs related to or part of the programs of the local health department.
[ 2020 c 20 § 1066; 2013 c 200 § 26; 2007 c 343 § 10; 1999 c 391 § 5; 1993 c 492 § 239; 1991 c 3 § 309; 1990 c 133 § 10; 1984 c 25 § 7; 1979 c 141 § 80; 1967 ex.s. c 51 § 12.]
NOTES:
Effective date—2013 c 200: See note following RCW 70.02.010.
Findings—Purpose—1999 c 391: See note following RCW 70.05.180.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Savings—Reservation of legislative power—Effective dates—1993 c 492: See RCW 43.72.910 through 43.72.915.
Findings—Severability—1990 c 133: See notes following RCW 36.94.140.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.05 - Local Health Departments, Boards, Officers—Regulations. › 70.05.072 - Local health officer—Authority to grant waiver from on-site sewage system requirements.

RCW 70.05.072
Local health officer—Authority to grant waiver from on-site sewage system requirements.
The local health officer may grant a waiver from specific requirements adopted by the state board of health for on-site sewage systems if:
(1) The on-site sewage system for which a waiver is requested is for sewage flows under three thousand five hundred gallons per day;
(2) The waiver request is evaluated by the local health officer on an individual, site-by-site basis;
(3) The local health officer determines that the waiver is consistent with the standards in, and the intent of, the state board of health rules; and
(4) The local health officer submits quarterly reports to the department regarding any waivers approved or denied.
Based on review of the quarterly reports, if the department finds that the waivers previously granted have not been consistent with the standards in, and intent of, the state board of health rules, the department shall provide technical assistance to the local health officer to correct the inconsistency, and may notify the local and state boards of health of the department's concerns.
If upon further review of the quarterly reports, the department finds that the inconsistency between the waivers granted and the state board of health standards has not been corrected, the department may suspend the authority of the local health officer to grant waivers under this section until such inconsistencies have been corrected.
[ 1995 c 263 § 1.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.05 - Local Health Departments, Boards, Officers—Regulations. › 70.05.074 - On-site sewage system permits—Application—Limitation of alternative sewage systems.

RCW 70.05.074
On-site sewage system permits—Application—Limitation of alternative sewage systems.
(1) The local health officer must respond to the applicant for an on-site sewage system permit within thirty days after receiving a fully completed application. The local health officer must respond that the application is either approved, denied, or pending.
(2) If the local health officer denies an application to install an on-site sewage system, the denial must be for cause and based upon public health and environmental protection concerns, including concerns regarding the ability to operate and maintain the system, or conflicts with other existing laws, regulations, or ordinances. The local health officer must provide the applicant with a written justification for the denial, along with an explanation of the procedure for appeal.
(3) If the local health officer identifies the application as pending and subject to review beyond thirty days, the local health officer must provide the applicant with a written justification that the site-specific conditions or circumstances necessitate a longer time period for a decision on the application. The local health officer must include any specific information necessary to make a decision and the estimated time required for a decision to be made.
(4) A local health officer may not limit the number of alternative sewage systems within his or her jurisdiction without cause. Any such limitation must be based upon public health and environmental protection concerns, including concerns regarding the ability to operate and maintain the system, or conflicts with other existing laws, regulations, or ordinances. If such a limitation is established, the local health officer must justify the limitation in writing, with specific reasons, and must provide an explanation of the procedure for appealing the limitation.
[ 1997 c 447 § 2.]
NOTES:
Finding—Purpose—1997 c 447: "The legislature finds that improperly designed, installed, or maintained on-site sewage disposal systems are a major contributor to water pollution in this state. The legislature also recognizes that evolving technology has produced many viable alternatives to traditional on-site septic systems. It is the purpose of this act to help facilitate the siting of new alternative on-site septic systems and to assist local governments in promoting efficient operation of on-site septic *these systems." [ 1997 c 447 § 1.]
*Reviser's note: Due to a drafting error, the word "these" was not removed when this sentence was rewritten.
Construction—1997 c 447 §§ 2-4: "Nothing in sections 2 through 4 of this act may be deemed to eliminate any requirements for approval from public health agencies under applicable law in connection with the siting, design, construction, and repair of on-site septic systems." [ 1997 c 447 § 6.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.05 - Local Health Departments, Boards, Officers—Regulations. › 70.05.080 - Local health officer—Failure to appoint—Procedure.

RCW 70.05.080
Local health officer—Failure to appoint—Procedure.
If the local board of health or other official responsible for appointing a local health officer under RCW 70.05.050 refuses or neglects to appoint a local health officer after a vacancy exists, the secretary of health may appoint a local health officer and fix the compensation. The local health officer so appointed shall have the same duties, powers and authority as though appointed under RCW 70.05.050. Such local health officer shall serve until a qualified individual is appointed according to the procedures set forth in RCW 70.05.050. The board or official responsible for appointing the local health officer under RCW 70.05.050 shall also be authorized to appoint an acting health officer to serve whenever the health officer is absent or incapacitated and unable to fulfill his or her responsibilities under the provisions of chapters 70.05 and 70.46 RCW.
[ 1993 c 492 § 240; 1991 c 3 § 310; 1983 1st ex.s. c 39 § 4; 1979 c 141 § 81; 1967 ex.s. c 51 § 13.]
NOTES:
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Savings—Reservation of legislative power—Effective dates—1993 c 492: See RCW 43.72.910 through 43.72.915.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.05 - Local Health Departments, Boards, Officers—Regulations. › 70.05.090 - Physicians to report diseases.

RCW 70.05.090
Physicians to report diseases.
Whenever any physician shall attend any person sick with any dangerous contagious or infectious disease, or with any diseases required by the state board of health to be reported, he or she shall, within twenty-four hours, give notice thereof to the local health officer within whose jurisdiction such sick person may then be or to the state department of health in Olympia.
[ 1991 c 3 § 311; 1979 c 141 § 82; 1967 ex.s. c 51 § 14.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.05 - Local Health Departments, Boards, Officers—Regulations. › 70.05.100 - Determination of character of disease.

RCW 70.05.100
Determination of character of disease.
In case of the question arising as to whether or not any person is affected or is sick with a dangerous, contagious or infectious disease, the opinion of the local health officer shall prevail until the state department of health can be notified, and then the opinion of the executive officer of the state department of health, or any physician he or she may appoint to examine such case, shall be final.
[ 1991 c 3 § 312; 1979 c 141 § 83; 1967 ex.s. c 51 § 15.]