Introduction

RCW 18.19.180 is a Washington State law that addresses the confidentiality of communications between credentialed professionals and their clients. This statute protects the privacy of individuals seeking professional services, ensuring that sensitive information shared during consultations remains confidential. However, there are specific exceptions to this rule. Understanding RCW 18.19.180 is essential for both professionals and clients to know their rights and obligations regarding confidential communications.

Confidentiality of Communications

Under RCW 18.19.180, individuals credentialed under this chapter are prohibited from disclosing certain confidential information. This includes:

• The written acknowledgment of the disclosure statement as required by RCW 18.19.060.
• Any information acquired from clients during professional consultations that is necessary to render professional services.

Exceptions to Confidentiality

There are specific circumstances under which a credentialed individual may disclose confidential information:

1. Written Consent:
   • Disclosure is permitted with the written consent of the client.
   • In the case of the client’s death or disability, consent can be provided by the client’s personal representative, authorized person, or beneficiary of an insurance policy on the client’s life, health, or physical condition.
2. Contemplation or Commission of a Crime:
   • Confidentiality does not apply if the communication reveals the contemplation or commission of a crime or harmful act. This exception is crucial for preventing harm and ensuring public safety.
3. Minor Victims:
   • If the client is a minor and the information indicates that the minor was the victim or subject of a crime, the credentialed individual may testify fully in any legal proceeding where the crime is the subject of inquiry. This exception aims to protect minors and facilitate justice in cases of abuse or other crimes.
4. Waiver of Privilege:
   • If the client waives the confidentiality privilege by bringing charges against the credentialed individual, the professional may disclose relevant information to defend against the charges.
5. Subpoena Compliance:
   • Confidential information may be disclosed in response to a subpoena from a court of law or the secretary. The secretary can only subpoena records related to a complaint or report under chapter 18.130 RCW, which deals with the regulation of health professions.
6. Mandatory Reporting:
   • Disclosure is required under chapter 26.44 RCW, which pertains to the mandatory reporting of child abuse and neglect. This ensures that professionals fulfill their legal obligations to report suspected abuse and protect vulnerable individuals.

Conclusion

RCW 18.19.180 provides crucial protections for the confidentiality of communications between credentialed professionals and their clients. While the rule ensures that sensitive information remains private, it also outlines specific exceptions where disclosure is necessary to prevent harm, facilitate justice, or comply with legal obligations. Professionals must understand these exceptions to navigate their responsibilities effectively and maintain the trust of their clients. Clients, on the other hand, should be aware of their rights and the circumstances under which their confidential information might be disclosed. Understanding RCW 18.19.180 helps both parties engage in professional relationships with clarity and confidence.

You can read the text of RCW 18.19.180 here: https://app.leg.wa.gov/rcw/default.aspx?cite=18.19.180

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We are no-nonsense, relentless, fair, and honest. We are great listeners instead of fast talkers, that is just who we are. More than 20 years ago, Ken began practicing law with a deeply-seeded belief that every person has the right to the best legal representation available. He built his law firm on that belief. Another belief that he strongly adheres to is his fundamental belief that clients deserve respect, with no assumptions or preconceived notions.  If you or someone you know is accused of a crime or injured as a result of the negligence of another, please have them call us at 253-720-9304 or email us info@blanfordlaw.com