Washington Health Law Manual
Third Edition

Completed 4th Edition Chapters will be posted soon.

The Third Edition of the Washington Health Law Manual is made possible through the collaborative efforts of the Washington State Society of Health Care Attorneys and the Washington State Hospital Association.

Table of Contents

About Washington Health Law Manual

A. Mission Statement
B. Forward
C. Suggestions for Use of this Manual
D. Disclaimer
E. Copyright
F. Editorial Board
G. Current and Former Contributors
1. Editor-in-Chief
2. Division Editors
3. Advisors, Consultants and Assistants
4. Administrative Support
5. Production
H. Authors and Editors
I. Getting Involved
J. Comments and Corrections


Volume I: Patient Care Information, Treatment and Rights
1. Healthcare Information, Confidentiality current as of 5/4/16
2. Consent to Healthcare
2A. General Consent Rules
2B. Special Consent Rules
2C. Decision Making for Incompetent Patients
current as of 12/1/16
current as of 9/2/05
current as of 3/15/06
3. Healthcare Rules Applicable to Certain Populations
4. Behavioral Health
4A. Mental Healthcare for Adults and Minor Children
4B. Mental Health Advance Directives
4C. Commitment Based on Mental Illness
current as of 2/14/06
curent as of 2/14/06
current as of 6/15/15
5. Reproduction, Birth and Adoption current as of 1/15/09
6. End of Life current as of 12/29/14
7. Investigational Therapies and Research Liability current as of 4/2/07
8. Medical Malpractice Liability current as of 1/1/11

Volume II: Regulation of Healthcare Practitioners and Entities
9. Professional Licensure of Individuals current as of 9/30/14
10. Hospital Regulation current as of 10/25/06
11. Long Term Care Facilities current as of 4/2/07
12. Licensure and Organization of Other Institutional Settings current as of 9/29/05
13. Government Health Care Institutions: Acute Care Facilities
14. Certificate of Need current as of 10/31/10
15. Regulation of Health Carriers current as of 1/19/15
16. Peer Review and Quality Assurance Requirements current as of 11/28/14
17. Public Health, Agencies, Authorities current as of 6/13/08
18. Communicable Diseases current as of 1/1/06
19. Hospital Environmental, Hazardous, and Radiation Waste Regulations current as of 9/30/10

Volume III: Financing and Engaging in the Business of Healthcare
20. Government Payors of Medical Services current as of 12/31/14
21. Government Payors of Behavioral Health Services
22. Tax Exempt Bond Financing and Long Term Financing  current as of 9/30/14
23. State Taxes and Exemptions current as of 1/31/09
24. Washington State Fraud and Abuse Prohibitions current as of 4/29/10
25. Federal and State Antitrust Compliance current as of 10/20/08
26. Employment Issues current as of 1/31/07
27. Considerations Unique to Health Care Business
28. Maintenance of Business Records current as of 8/31/10
28.(A) Appendix A (Sample Records Management and Retention Policy) current as of 8/31/10

Washington Health Law Manual Forward

Mission Statement
Suggestions for Use of this Manual
Editorial Board
Current and Former Contributors
Division Editors
Advisors, Consultants and Assistants
Administrative Support
Authors and Editors
Getting Involved
Comments and Corrections

To publish a comprehensive, objective and unbiased reference that is pertinent to, and user-friendly for, health care managers, practitioners, and attorneys in Washington State. To provide specific information regarding select Washington State laws on health care and health care delivery. To provide general information and links to other resources and relevant federal laws concerning health care and health care delivery.

On behalf of the Washington State Society of Healthcare Attorneys (“WSSHA”) and the Washington State Hospital Association (“WSHA” or the “Hospital Association”), we would like to thank the many volunteers who have made and continue to make this Washington Health Law Manual (the “Manual”) possible. Their donations of time and contributions of material are a true testament to the scope and breadth of professional health law resources available in the state of Washington. We are honored and grateful to work with a generous group of colleagues.

The Washington Health Law Manual is in its third edition and maintained in an online format. The manual was previously published in hard copy in 1996 and 1998. In 1996, Greg Vigdor and Jeff Sconyers were pioneers who served as the Manual’s original Editors-in-Chief. In 1998, Jodi Palmer Long and Deirdre Ridgway, as Editors-in-Chief, updated and published the Second Edition of the Manual. In late 2004, under Laird Pisto’s and Hilary Domeika’s leadership, the board of directors of WSSHA set a goal to update and re-publish the Manual. The Hospital Association generously provided its production expertise, and most notably the services of Courtney Landes, who contributed many hours of production coordination and non-legal editing/proofing.

When we started the update project, we did not have a full appreciation of the number of tireless hours that Greg, Jeff, Jodi, Deirdre, and other contributors made to the 1996 and 1998 editions. We quickly gained an appreciation of their contributions and amazing accomplishments of publishing the printed, bound editions.

When we contemplated the future of the Manual against the backdrop of an ever-changing regulatory environment, we realized it would be difficult to publish, print, and distribute a completely up-to-date product. Even if we were successful, the likely shelf-life of an up-to-date product would be short. Therefore, in light of current technologies, we moved to a web-production model. And while we make no promises, we are optimistic this model will foster additional contributions and updates. The Hospital Association supported this model and created space on their website for the Manual’s residence.

Our current use policy permits free printing and use by health care managers, practitioners, and attorneys who primarily practice within Washington State. We anticipate re-visiting this use policy when we have a better understanding of resources necessary to maintain the Manual.

Aside from the use policy, no part of the Manual may be reproduced or transmitted in any form or by any means, electronic or mechanical, for any purpose without the express written permission of the Washington State Society of Healthcare Attorneys and the Washington State Hospital Association.

Authors maintain the right to use their contributions in other settings (e.g., distribution to their clients or postings on their own website). We have not provided (and do not intend to provide) links to websites maintained by the contributors. We expect all authors to recognize contributions of co-authors, editors, and former authors and editors where the current author updated and used materials from a prior version.

Users of this Manual should read and consider the Disclaimer in section “D” below.

Many users will likely print the chapters for placement in three ring binders. Please note the pagination and format anticipates double-sided printing.

Each chapter provides an approximate date when the author completed his or her preparation of the chapter (the “Current As of date”). And while the reader should be mindful that the chapters do not provide an exhaustive analysis of any topic as of any particular date, the reader should certainly consider significant laws, regulations, decisions, and other resources that became available after the Reference Date.

We are optimistic that authors will take advantage of the ability to provide periodic updates and supplements to their chapters. This option has been left open for each author to consider. Please check the WSHA Health Law Manual website for updates to chapters.

This publication is designed to provide accurate and authoritative information with respect to select subject matters. It is provided with the understanding that no publisher, author, editor, or contributor hereto, is engaged in rendering legal or other professional services. The information contained herein represents the respective views of individuals participating in the project, which may not necessarily be the views of any government agency or employer of an individual participant. No publisher, author, editor, contributor, or other person participating in this project warrants that any information contained herein is complete or accurate. If legal advice or other expert assistance is required, the services of a competent licensed professional should be sought.

Copyright ©2006-present, Washington State Society of Healthcare Attorneys and Washington State Hospital Association. All rights reserved.

The Editor-in-Chief has general oversight responsibility for all aspects of the Washington Health Law Manual. The Editor-in-Chief collaborates with the Washington State Hospital Association to coordinate all activities regarding Manu and is responsible for completing a final editiorial review prior to publication of every chapter.

Linda Coleman, 2006–2015
Quorum Review IRB

Taya Briley, 2014–
Washington State Hospital Association

Research & Technical Editors
The Research and Technical Editor (R&T) is responsible for ensuring that all chapters are of sufficient literary and grammatical quality and comply with an agreed-upon formatting style (including citation format). All R&Ts have editing experience, an interest in health law, and/or have served on law review or other journals during law school.

Dustin Noyes, 2007–present
Anna Gee, 2015–present


Taya Briley, 2014–
Linda Coleman, 2006–2015
Kristin Miles, 2008–2012
Wade Harman, 2005–2007
Jodi Palmer Long, 1997–1998
Deirdre Ridgway, 1997–1998
Greg Vigdor, 1995–1996
Jeff Sconyers, 1995–1996

Division Editors
Barbara Barronian
Lisa Dobson Gould
Carol Sue Janes
Roger Jansson
Patricia Kuszler
Lori Oliver
Laird Pisto

Research and Technical Editors
Jeff Cockrum
Barna De
Katherine Georger
Dave Iseminger
Tamera Kelly
Jennifer Modak
Jonella Windell

Advisors, Consultants, and Assistants
Taya Briley
Tom Byron
Lisa Rediger Hayward
Jodi Palmer Long
Deirdre Ridgway
Jeff Sconyers
Vickie Williams

Administrative Support
Trevor Lutzenhiser
Beionka Moore


Courtney Landes

Third Edition Authors and Editors (PDF)
Current as of: 04/30/2015

If you would like to volunteer as an author, editor, resource consultant, or other contributor to the Manual, please contact:

Taya Briley – email hidden; JavaScript is required

Future editions and revisions of the Manual may include internal and external hyperlinks to laws, regulations, and other relevant resources. Additional topics will likely be added to the Manual. Please contact Taya Briley at email hidden; JavaScript is required if you have suggestions.

Please contact Taya Briley at email hidden; JavaScript is required if you have any comments or corrections.