Independent medical exams

AN ACT Relating to facilitating the use of a department of labor 1
and industries-approved, application-based, third-party recording 2
platform to record independent medical exams; reenacting and amending 3
RCW 51.36.070; and providing an effective date. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 51.36.070 and 2023 c 171 s 12 and 2023 c 166 s 1 are 6
each reenacted and amended to read as follows: 7
(1)(a) Whenever the department or the self-insurer deems it 8
necessary in order to (i) make a decision regarding claim allowance 9
or reopening, (ii) resolve a new medical issue, an appeal, or case 10
progress, or (iii) evaluate the worker's permanent disability or work 11
restriction, a worker shall submit to examination by a physician or 12
physicians selected by the department, with the rendition of a report 13
to the person ordering the examination, the attending provider, and 14
the injured worker. 15
(b) The examination must be at a place reasonably convenient to 16
the injured worker, or alternatively utilize telemedicine if the 17
department determines telemedicine is appropriate for the 18
examination. For purposes of this subsection, "reasonably convenient" 19
means at a place where residents in the injured worker's community 20
would normally travel to seek medical care for the same specialty as 21
H-2780.1
HOUSE BILL 2336
State of Washington 69th Legislature 2026 Regular Session
By Representatives Abbarno, Schmidt, and Graham
Prefiled 01/08/26. Read first time 01/12/26. Referred to Committee
on Labor & Workplace Standards.
p. 1 HB 2336
the examiner. The department must address in rule how to accommodate 1
the injured worker if no approved medical examiner in the specialty 2
needed is available in that community. 3
(2) The department or self-insurer shall provide the physician 4
performing an examination with all relevant medical records from the 5
worker's claim file. The director, in his or her discretion, may 6
charge the cost of such examination or examinations to the self-7
insurer or to the medical aid fund as the case may be. The cost of 8
said examination shall include payment to the worker of reasonable 9
expenses connected therewith. 10
(3) For purposes of this section, "examination" means a physical 11
or mental examination by a medical care provider licensed to practice 12
medicine, osteopathy, podiatry, chiropractic, dentistry, or 13
psychiatry at the request of the department or self-insured employer.14
(4)(a) ((The worker has the right to record the audio, video, or 15
both, of all examinations ordered under this section, RCW 51.32.110, 16
or by the board of industrial insurance appeals. )) An injured worker 17
has the right to record the audio, the video, or both, of all 18
examinations authorized under this section, RCW 51.32.110, or by the 19
board of industrial insurance appeals. Any recording must be 20
conducted exclusively through a department-approved, application-21
based, third - party recording platform as provided in (c) of this 22
subsection. Independent recording by any person is prohibited.23
(b) ((The worker or the worker's representative must provide 24
notice to the entity scheduling the examination that the examination 25
will be recorded no less than seven calendar days before the date of 26
the examination. The department must adopt rules to define the 27
notification process. )) The worker or the worker's representative 28
must provide notice to the entity scheduling the examination that the 29
examination will be audio, video, or audio and video recorded no 30
less than seven calendar days before the date of the examination.31
(c) ((The worker is responsible for paying the costs of 32
recording.)) The department-approved, application-based, third - party 33
recording platform must be used for all video, audio, or audio and 34
video recordings of examinations under this section. The platform 35
must allow either the worker or, at the request of the worker, the 36
examining provider to initiate the recording; ensure accurate, 37
continuous video and audio capture; operate without interfering with 38
the examination; and automatically upload the video to the third-39
party recording vendor's secure digital storage system.40
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(d) ((Upon request, the worker must provide one copy of the 1
recording to the department or self-insured employer within 14 days 2
of receiving the request, but in no case prior to the issuance of a 3
written report of the examination. )) All recordings made under this 4
subsection must be stored only on the secure digital server of the 5
third-party recording vendor. No worker, worker's representative, 6
self-insurer, or medical provider may retain, download, duplicate, or 7
store a local copy of a video recording, except as authorized by 8
rule.9
(e) ((The worker must take reasonable steps to ensure the 10
recording equipment does not interfere with the examination. The 11
worker may not hold the recording equipment while the examination is 12
occurring.)) Recordings made under this subsection are confidential 13
and not open to public inspection as provided under RCW 51.28.070 and 14
may not be released, except in accordance with rules adopted by the 15
department.16
(f) ((The worker may not materially alter the recording. Benefits 17
received as a result of any material alteration of the recording by 18
the worker or done on the worker's behalf may be subject to repayment 19
pursuant to RCW 51.32.240.)) Upon request by the injured worker, the 20
worker's representative, the self - insurer, employer, the employer's 21
representative, a medical provider involved in the claim, or the 22
examining provider, the third-party recording vendor shall provide 23
secure access to the recording in accordance with rules adopted by 24
the department.25
(g) ((The worker may not post the recording to social media. )) No 26
person may alter, duplicate, privately store, distribute, or publicly 27
post in any manner, or to any platform any recording made under this 28
subsection (4). A violation of this subsection (4) by the worker or 29
done on the worker's behalf may constitute grounds for repayment and 30
penalties under RCW 51.32.240. Any person who violates this 31
subsection is subject to a civil penalty of $1,000.32
(h) ((Recordings made under this subsection are deemed 33
confidential pursuant to RCW 51.28.070.)) The costs associated with 34
the recording platform and retention of recordings must be treated as 35
part of the costs of the claim.36
(i) The worker has the right to have one person ((, who is at 37
least the age of majority and who is )) of the worker's choosing ((,)) 38
to be present to observe all examinations ordered under this section, 39
RCW 51.32.110, or by the board of industrial insurance appeals. The 40
p. 3 HB 2336
observer must be ((unobtrusive and not)) at least 18 years of age and 1
may not obstruct or interfere with the examination. The observer may 2
not be the worker's legal representative, an employee of the legal 3
representative, the worker's attending provider, or an employee of 4
the worker's attending provider. 5
(j) The third-party recording vendor shall ensure that the 6
recording platform meets minimum cybersecurity standards including 7
encryption, multifactor authentication, and state information 8
technology requirements.9
(k) Any recordings must be retained on the third-party recording 10
vendor's platform for the life of the claim and no fewer than 10 11
years after final closure or litigation. The department shall adopt 12
rules for storage, transfers, and protection of the recordings in the 13
event of a change in third-party recording vendor.14
(5) This section applies prospectively to all claims regardless 15
of the date of injury. 16
NEW SECTION. Sec. 2. This act takes effect July 1, 2027.17
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