Wash. Rev. Code § 71.05.385

Information subject to disclosure to authorized persons — Restrictions

Mental health providers, or legal counsel, may disclose the following information to “authorized persons:”

•         Information regarding the involuntary commitment of a person, their release, and their last known address.
•         Mental health services information regarding a person that is under custody or supervision of the department of corrections, was convicted or “found not guilty by reason of insanity of a serious violent offense,” or had charges for a serious violent offense dismissed.

Washington defines “authorized persons” as:  “law enforcement officers, personnel of a county or city jail, designated mental health professionals, public health officers, therapeutic court personnel, or personnel of the department of corrections, including the indeterminate sentence review board and personnel assigned to perform board-related duties.”

Authorized persons may access mental health information in compliance with the following rules:

•         Persons may only access the information if necessary to perform an official duty. Such duties include conducting risk assessments, planning for supervision of an offender, and investigating an offender’s failure to comply with their supervision requirements.
•         Persons may only request access if they suspect that the individual that is the subject of the information (1) has committed a crime or parole violation or likely will in the near future or (2) is showing signs that their mental functioning is deteriorating which may make them eligible for civil commitment.
•         Persons that receive information must keep the information confidential. However, they may share the information with persons carrying out a similar activity and with a prosecuting attorney.

Authorized persons must make their request for information in writing, e-mail, or facsimile, and must clearly specify the information they seek. The subject matter of the information does not need to consent to the release.

Authorized persons may orally request and obtain information in an emergency so long as they follow the oral request with a written confirmation.

Mental health providers must disclose information to law enforcement pursuant to HIPAA and must comply with federal disclosure restrictions pertaining to alcohol and drug treatment.