Drug therapy agreements/PRA

AN ACT Relating to exempting information in collaborative drug 1
therapy agreements from disclosure under the public records act; and 2
amending RCW 42.56.360. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 42.56.360 and 2024 c 366 s 19 are each amended to 5
read as follows: 6
(1) The following health care information is exempt from 7
disclosure under this chapter: 8
(a) Information obtained by the pharmacy quality assurance 9
commission as provided in RCW 69.45.090; 10
(b) Information obtained by the pharmacy quality assurance 11
commission or the department of health and its representatives as 12
provided in RCW 69.41.044, 69.41.280, and 18.64.420;13
(c) Information and documents created specifically for, and 14
collected and maintained by a quality improvement committee under RCW 15
43.70.510, 70.230.080, or 70.41.200, or by a peer review committee 16
under RCW 4.24.250, or by a quality assurance committee pursuant to 17
RCW 74.42.640 or 18.20.390, or by a hospital, as defined in RCW 18
43.70.056, for reporting of health care-associated infections under 19
RCW 43.70.056, a notification of an incident under RCW 70.56.040(5), 20
and reports regarding adverse events under RCW 70.56.020(2)(b), 21
H-2569.1
HOUSE BILL 2176
State of Washington 69th Legislature 2026 Regular Session
By Representatives Thai, Parshley, Ryu, Reed, Zahn, Gregerson,
Reeves, and Fosse
Prefiled 12/19/25. Read first time 01/12/26. Referred to Committee
on State Government & Tribal Relations.
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regardless of which agency is in possession of the information and 1
documents; 2
(d)(i) Proprietary financial and commercial information that the 3
submitting entity, with review by the department of health, 4
specifically identifies at the time it is submitted and that is 5
provided to or obtained by the department of health in connection 6
with an application for, or the supervision of, an antitrust 7
exemption sought by the submitting entity under RCW 43.72.310;8
(ii) If a request for such information is received, the 9
submitting entity must be notified of the request. Within ten 10
business days of receipt of the notice, the submitting entity shall 11
provide a written statement of the continuing need for 12
confidentiality, which shall be provided to the requester. Upon 13
receipt of such notice, the department of health shall continue to 14
treat information designated under this subsection (1)(d) as exempt 15
from disclosure; 16
(iii) If the requester initiates an action to compel disclosure 17
under this chapter, the submitting entity must be joined as a party 18
to demonstrate the continuing need for confidentiality;19
(e) Records of the entity obtained in an action under RCW 20
18.71.300 through 18.71.340; 21
(f) Complaints filed under chapter 18.130 RCW after July 27, 22
1997, to the extent provided in RCW 18.130.095(1);23
(g) Information obtained by the department of health under 24
chapter 70.225 RCW; 25
(h) Information collected by the department of health under 26
chapter 70.245 RCW except as provided in RCW 70.245.150;27
(i) Cardiac and stroke system performance data submitted to 28
national, state, or local data collection systems under RCW 29
70.168.150(2)(b); 30
(j) All documents, including completed forms, received pursuant 31
to a wellness program under RCW 41.04.362, but not statistical 32
reports that do not identify an individual; 33
(k) Data and information exempt from disclosure under RCW 34
43.371.040; 35
(l) Medical information contained in files and records of members 36
of retirement plans administered by the department of retirement 37
systems or the law enforcement officers' and firefighters' plan 2 38
retirement board, as provided to the department of retirement systems 39
under RCW 41.04.830; and 40
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(m) Data submitted to the data integration platform under RCW 1
71.24.908. 2
(2) Chapter 70.02 RCW applies to public inspection and copying of 3
health care information of patients. 4
(3)(a) Documents related to infant mortality reviews conducted 5
pursuant to RCW 70.05.170 are exempt from disclosure as provided for 6
in RCW 70.05.170(3). 7
(b)(i) If an agency provides copies of public records to another 8
agency that are exempt from public disclosure under this subsection 9
(3), those records remain exempt to the same extent the records were 10
exempt in the possession of the originating entity.11
(ii) For notice purposes only, agencies providing exempt records 12
under this subsection (3) to other agencies may mark any exempt 13
records as "exempt" so that the receiving agency is aware of the 14
exemption, however whether or not a record is marked exempt does not 15
affect whether the record is actually exempt from disclosure.16
(4) Information and documents related to maternal mortality 17
reviews conducted pursuant to RCW 70.54.450 are confidential and 18
exempt from public inspection and copying. 19
(5) Patient health care information contained in reports 20
submitted under RCW 71.24.847(2) are confidential and exempt from 21
public inspection. 22
(6)(a) Collaborative drug therapy agreements, the contents of 23
which are determined by the pharmacy quality assurance commission by 24
rule pursuant to their rule-making authority under RCW 18.64.005, and 25
any attachments or appendices to the collaborative drug therapy 26
agreement, are confidential and may not be disclosed under this 27
chapter except as provided for under (b) of this subsection (6).28
(b) A collaborative drug therapy agreement may be disclosed if 29
that collaborative drug therapy agreement is the basis of an order or 30
stipulation finding misconduct and resulting in a disciplinary action 31
against a license holder regulated by a disciplining authority 32
identified in RCW 18.130.040, including all license holders regulated 33
by the pharmacy quality assurance commission. If a collaborative drug 34
therapy agreement is disclosed pursuant to this subsection, 35
personally identifiable information contained in such collaborative 36
drug therapy agreement, other than that of a disciplined license 37
holder, is confidential and may not be disclosed under this chapter.38
(c) For the purposes of this subsection (6), "personally 39
identifiable information" means names, mailing addresses, credential 40
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numbers, email addresses, practice site facility addresses, and 1
practice site facility phone numbers. 2
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