HIV AIDS Resource Guide/HIV-AIDS Resource Guide.iso/STAT/STATE/WASHINGT.ASC

Text File | 1993-01-14 | 65KB | 1,425 lines

/* Washington statutes deal with control of STDs; an AIDS
advisory committee; immunity from implied warranty on blood
products and body parts; community based care (Federal Social
Security Act waiver); and discrimination. */

9A.36.021. Assault in the second degree

(1)  A person is guilty of assault in the second degree if he or
she, under circumstances not amounting to assault in the first
degree:

(a)  Intentionally assaults another and thereby recklessly
inflicts substantial bodily harm; or

(b)  Intentionally and unlawfully causes substantial bodily harm
to an unborn quick child by intentionally and unlawfully
inflicting any injury upon the mother of such child; or

(c)  Assaults another with a deadly weapon; or

(d)  With intent to inflict bodily harm, administers to or causes
to be taken by another, poison, the human immunodeficiency virus
as defined in chapter 70.24 RCW, or any other destructive or
noxious substance; or

(e)  With intent to inflict bodily harm, exposes or transmits
human immunodeficiency virus as defined in chapter 70.24 RCW; or

(f)  With intent to commit a felony, assaults another; or

(g)  Knowingly inflicts bodily harm which by design causes such
pain or agony as to be the equivalent of that produced by
torture.

(2)  Assault in the second degree is a class B felony.



28B.10.730. AIDS information- Four-year institutions

The governing board of each state four-year institution of higher
education shall make information available to all newly
matriculated students on methods of transmission of the human
immunodeficiency virus and prevention of acquired
immunodeficiency syndrome.  The curricula and materials shall be
reviewed for medical accuracy by the office on AIDS in
coordination with the appropriate regional AIDS service network.



2813.50.205. AIDS information - Community and technical colleges

The state board for community and technical colleges shall make
information available to all newly matriculated students on
methods of transmission of the human immunodeficiency virus and
prevention of acquired immunodeficiency syndrome.  The curricula
and materials shall be re viewed for medical accuracy by the
office on AIDS in coordination with the appropriate regional AIDS
service network.



49.60.172.     Unfair practices with respect to HIV infection

(1)  No person may require an individual to take an HIV test, as
defined in chapter 70.24 RCW, as a condition of hiring, promotion
or continued employment unless the absence of HIV infection is a
bona fide occupational qualification for the job in question.

(2)  No person may discharge or fail or refuse to hire any
individual, or segregate or classify any individual in any way
which would deprive or tend to deprive that individual of
employment opportunities or adversely affect his or her status as
an employee, or otherwise discriminate against any individual
with respect to compensation, terms, conditions, or privileges of
employment on the basis of the results of an HIV test unless the
absence of HIV infection is a bona fide occupational
qualification of the job in question.

(3)  The absence of HIV infection as a bona fide occupational
qualification exists when performance of a particular job can be
shown to present a significant risk, as defined by the board of
health by rule, of transmitting HIV infection to other persons,
and there exists no means of eliminating the risk by
restructuring the job.

(4)  For the purpose of this chapter, any person who is actually
infected with HIV, but is not disabled as a result of the
infection, shall not be eligible for any benefits under the
affirmative action provisions of chapter 49.74 RCW solely on the
basis of such infection.

(5)  Employers are immune from civil action for damages arising
out of transmission of HIV to employees or to members of the
public unless such transmission occurs as a result of the
employer's gross negligence.



49.60.174.     Evaluation of claim of discrimination-Actual or
perceived HIV infection

(1)  For the purposes of determining whether an unfair practice
under this chapter has occurred, claims of discrimination based
on actual or perceived HIV infection shall be evaluated in the
same manner as other claims of discrimination based on sensory,
mental, or physical handicap.

(2)  Subsection (1) of this section shall not apply to
transactions with insurance entities, health service contractors,
or health maintenance organizations subject to RCW
49.60.03O(l)(e) or 49.60.178 to prohibit fair discrimination on
the basis of actual HIV infection status when bona fide
statistical differences in risk or exposure have  been
substantiated.

(3)  For the purposes of this chapter, "HIV" means the human
immunodeficiency virus, and includes all HIV and HIV-related
viruses which damage the cellular branch of the human immune
system and leave the infected person immunodeficient.



70.24.015.     Legislative finding

The legislature declares that sexually transmitted diseases
constitute a serious and sometimes fatal threat to the public and
individual health and welfare of the people of the state.  The
legislature finds that the incidence of sexually transmitted
diseases is rising at an alarming rate and that these diseases
result in significant social, health, and economic costs,
including infant and maternal mortality, temporary and lifelong
disability, and premature death.  The legislature further finds
that sexually transmitted diseases, by their nature, involve
sensitive issues of privacy, and it is the intent of the
legislature that all programs designed to deal with these
diseases afford patients privacy, confidentiality, and dignity.
The legislature also finds that medical knowledge and information
about sexually transmitted diseases are rapidly changing. It is
therefore the intent of the legislature to provide a program that
is sufficiently flexible to meet emerging needs, deals
efficiently and effectively with reducing the incidence of
sexually transmitted diseases, and provides patients with a
secure knowledge that information they provide will remain
private and confidential.



70.24.017.     Definitions

Unless the context clearly requires otherwise, the definitions in
This section apply throughout this chapter:

(1)  "Acquired immunodeficiency syndrome or 'AIDS" means the
clinical syndrome of HIV-related illness as defined by the board
of health by rule.

(2)  "Board" means the state board of health.

(3)  "Department" means the department of health, or any succes
sor department with jurisdiction over public health matters.

(4)  "Health care provider" means any person who is a member of a
profession under RCW 18.130.040 or other person providing
medical, nursing, psychological, or other health care services
regulated by the department of health.

(5)  "Health care facility" means a hospital, nursing home, neu
ropsychiatric or mental health facility, home health agency, hos
pice, child care agency, adult family home, group care facility,
family foster home, clinic, blood bank, blood center, sperm bank,
laboratory, or other social service or health care institution
regulated or operated by the department of health.

(6)  "HIV-related condition" means any medical condition result
ing from infection with HIV including, but not limited to,
seropositivity for HIV.

(7)  "Human immunodeficiency virus" or "HIV" means all HIV and
HIV-related viruses which damage the cellular branch of the human
immune or neurological systems and leave the infected person
immunodeficient or neurologically impaired.

(8)  "Test for a sexually transmitted disease" means a test ap
proved by the board by rule.

(9)  "Legal guardian" means a person appointed by a court to
assume legal authority for another who has been found incompetent
or, in the case of a minor, a person who has legal custody of the
child.

(10) "Local public health officer" means the officer directing
the county health department or his or her designee who has been
given the responsibility and authority to protect the health of
the public within his or her jurisdiction.

(11) "Person" includes any natural person, partnership, associa
tion, joint venture, trust, public or private corporation, or
health facility.

(12) "Release of test results" means a written authorization for
disclosure of any sexually transmitted disease test result which
is signed, dated, and which specifies to whom disclosure is
authorized and the time period during which the release is to be
effective.

(13) "Sexually transmitted disease" means a bacterial, viral, fun-
gal, or parasitic disease, determined by the board by rule to be
sexually transmitted, to be a threat to the public health and
welfare, and to be a disease for which a legitimate public
interest will be served by providing for regulation and
treatment. The board shall designate chancroid, gonorrhea,
granuloma inguinale, lymphogranuloma venereum, genital herpes
simplex, chlamydia, nongonococcal urethritis (NGU), trachomitis,
genital human papilloma virus infection, syphilis, acquired
immunodeficiency syndrome (AIDS), and human immunodeficiency
virus (HIV) infection as sexually transmitted diseases, and shall
consider the recommendations and classifications of the centers
for disease control and other nationally recognized medical
authorities in designating other diseases as sexually
transmitted.



70.24.022.     Interviews, examination, counseling, or treatment
of infected persons or persons believed to be infected-
Dissemination of false information-Penalty

(1)  The board shall adopt rules authorizing interviews and the
state and local public health officers and their authorized
representatives may interview, or cause to be interviewed, all
persons infected with a sexually transmitted disease and all
persons who, in accordance with standards adopted by the board by
rule, are reasonably believed to be infected with such diseases
for the purpose of investigating the source and spread of the
diseases and for the purpose of ordering a person to submit to
examination, counseling, or treatment as necessary for the
protection of the public health and safety, subject to RCW
70.24.024.

(2)  State and local public health officers or their authorized
representatives shall investigate identified partners of persons
infected with sexually transmitted diseases in accordance with
procedures prescribed by the board.

(3)  All information gathered in the course of contact investiga
tion pursuant to this section shall be considered confidential.

(4)  No person contacted under this section or reasonably
believed to be infected with a sexually transmitted disease who
reveals the name or names of sexual contacts during the course of
an investigation shall be held liable in a civil action for such
revelation, unless the revelation is made with a knowing or
reckless disregard for the truth.

(5)  Any person who knowingly or maliciously disseminates any
False information or report concerning the existence of any
sexually transmitted disease under this section is guilty of a
gross misdemeanor punishable as provided under RCW 9A.20.021.



70.24.024.     Orders for examinations and counseling-Restrictive
measures - Investigation-Issuance of order - Confidential notice
and hearing-Exception

(1)  Subject to the provisions of this chapter, the state and
local public health officers or their authorized representatives
may examine and counsel or cause to be examined and counseled
persons reasonably believed to be infected with or to have been
exposed to a sexually transmitted disease.

(2)  Orders or restrictive measures directed to persons with a
sexually transmitted disease shall be used as the last resort
when other measures to protect the public health have failed,
including reasonable efforts, which shall be documented, to
obtain the voluntary cooperation of the person who may be subject
to such an order. The orders and measures shall be applied
serially with the least intrusive measures used first. The burden
of proof shall be on the state or local public health officer to
show that specified grounds exist for the issuance of the orders
or restrictive measures and that the terms and conditions imposed
are no more restrictive than necessary to protect the public
health.

(3)  When the state or local public health officer within his or
her respective jurisdiction knows or has reason to believe,
because of direct medical knowledge or reliable testimony of
others in a position to have direct knowledge of a person's
behavior, that a person has a sexually transmitted disease and is
engaging in specified conduct, as determined by the board by rule
based upon generally accepted standards of medical and public
health science, that endangers the public health, he or she shall
conduct an investigation in accordance with procedures prescribed
by the board to evaluate the specific facts alleged, if any, and
the reliability and credibility of the person or persons
providing such information and, if satisfied that the allegations
are true, he or she may issue an order according to the following
priority to:

(a)  Order a person to submit to a medical examination or
testing, seek counseling, or obtain medical treatment for curable
diseases, or any combination of these, within a period of time
determined by the public health officer, not to exceed fourteen
days.

(b)  Order a person to immediately cease and desist from speci
fied conduct which endangers the health of others by imposing
such restrictions upon the person as are necessary to prevent the
specified conduct that endangers the health of others only if the
public health officer has determined that clear and convincing
evidence exists to believe that such person has been ordered to
report for counseling as provided in (a) of this subsection and
continues to demonstrate behavior which endangers the health of
others.  Any restriction shall be in writing, setting forth the
name of the person to be restricted and the initial period of
time, not to exceed three months, during which the order shall
remain effective, the terms of the restrictions, and such other
conditions as may be necessary to protect the public health.
Restrictions shall be imposed in the least-restrictive manner
necessary to protect the public health.

(4)(a) Upon the issuance of any order by the state or local
public health officer or an authorized representative pursuant to
subsection (3) of this section or RCW 70.24.340(4), such public
health officer shall give written notice promptly, personally,
and confidentially to the person who is the subject of the order
stating the grounds and provisions of the order, including the
factual bases therefor, the evidence relied upon for proof of
infection and dangerous behavior, and the likelihood of
repetition of such behaviors in the absence of such an order, and
notifying the person who is the subject of the order that, if he
or she contests the order, he or she may appear at a judicial
hearing on the enforceability of the order, to be held in
superior court.  Me or she may have an attorney appear on his or
her behalf in the hearing at public expense, if necessary. The
hearing shall be held within seventy-two hours of receipt of the
notice, unless the person subject to the order agrees to comply.
If the person contests the order, no invasive medical procedures
shall be carried out prior to a hearing being held pursuant to
this subsection.  If the person does not contest the order within
seventy-two hours of receiving it, and the person does not comply
with the order within the time period specified for compliance
with the order, the state or local public health officer may
request a warrant be issued by the superior court to insure
appearance at the hearing. The hearing shall be within seventy-
two hours of the expiration date of the time specified for
compliance with the original order. The burden of proof shall be
on the public health officer to show by clear and convincing
evidence that the specified grounds exist for the issuance of the
order and for the need for compliance and that the terms and
conditions imposed therein are no more restrictive than necessary
to protect the public health.  Upon conclusion of the hearing,
the court shall issue appropriate orders affirming, modifying, or
dismissing the order.

(b)  If the superior court dismisses the order of the public
health officer, the fact that the order was issued shall be
expunged from the records of the department or local department
of health.

(5)  Any hearing conducted pursuant to this section shall be
closed and confidential unless a public hearing is requested by
the person who is the subject of the order, in which case the
hearing will be conducted in open court.  Unless in open hearing,
any transcripts or records relating thereto shall also be
confidential and may be sealed by the order of the court.



70.24.034.     Detention - Grounds-Order-Hearing

(1)  When the procedures of RCW 70.24.024 have been exhausted and
the state or local public health officer, within his or her
respective jurisdiction, knows or has reason to believe, because
of medical information, that a person has a sexually transmitted
disease and that the person continues to engage in behaviors that
present an imminent danger to the public health as defined by the
board by rule based upon generally accepted standards of medical
and public health science, the public health officer may bring an
action in superior court to detain the person in a facility
designated by the board for a period of time necessary to
accomplish a program of counseling and education, excluding any
coercive techniques or procedures, designed to get the person to
adopt nondangerous behavior.  In no case may the period exceed
ninety days under each order. The board shall establish, by rule,
standards for counseling and education under this subsection. The
public health officer shall request the prosecuting attorney to
file such action in superior court. During that period,
reasonable efforts will be made in a noncoercive manner to get
the person to adopt nondangerous behavior.

(2)  If an action is filed as outlined in subsection (1) of this
section, the superior court, upon the petition of the prosecuting
attorney, shall issue other appropriate court orders including,
but not limited to, an order to take the person into custody
immediately, for a period not to exceed seventy-two hours, and
place him or her in a facility designated or approved by the
board. The person who is the subject of the order shall be given
written notice of the order promptly, personally, and
confidentially, stating the grounds and provisions of the order,
including the factual bases therefor, the evidence relied upon
for proof of infection and dangerous behavior, and the likelihood
of repetition of such behaviors in the absence of such an order,
and notifying the person that if he or she refuses to comply with
the order he or she may appear at a hearing to review the order
and that he or she may have an attorney appear on his or her
behalf in the hearing at public expense, if necessary.  If the
person contests testing or treatment, no invasive medical proce
dures shall be carried out prior to a hearing being held pursuant
to subsection (3) of this section.

(3)  The hearing shall be conducted no later than forty-eight
hours after the receipt of the order.  The person who is subject
to the order has a right to be present at the hearing and may
have an attorney appear on his or her behalf in the hearing, at
public expense if necessary. If the order being contested
includes detention for a period of fourteen days or longer, the
person shall also have the right to a trial by jury upon request.
Upon conclusion of the hearing or trial by jury, the court shall
issue appropriate orders.

The court may continue the hearing upon the request of the person
who is subject to the order for good cause shown for no more than
five additional judicial days.  If a trial by jury is requested,
the court, upon motion, may continue the hearing for no more than
ten additional judicial days. During the pendency of the
continuance, the court may order that the person contesting the
order remain in detention or may place terms and conditions upon
the person which the court deems appropriate to protect public
health.

(4)  The burden of proof shall be on the state or local public
health officer to show by clear and convincing evidence that
grounds exist for the issuance of any court order pursuant to
subsection (2) or (3) of this section. If the superior court
dismisses the order, the fact that the order was issued shall be
expunged from the records of the state or local department of
health.

(5)  Any hearing conducted by the superior court pursuant to
subsection (2) or (3) of this section shall be closed and
confidential unless a public hearing is requested by the person
who is the subject of the order, in which case the hearing will
be conducted in open court. Unless in open hearing, any
transcripts or records relating thereto shall also be
confidential and may be sealed by order of the court.

(6)  Any order entered by the superior court pursuant to subsec
tion (1) or (2) of this section shall impose terms and conditions
no more restrictive than necessary to protect the public health.



70.24.050.     Diagnosis of sexually transmitted diseases-
Confirmation - Anonymous prevalence reports

Diagnosis of a sexually transmitted disease in every instance
must be confirmed by laboratory tests or examinations in a
laboratory approved or conducted in accordance with procedures
and such other requirements as may be established by the board.
Laboratories testing for HIV shall report anonymous HIV
prevalence results to the department, for health statistics
purposes, in a manner established by the board.



70.24.070.     Detention and treatment facilities

For the purpose of carrying out this chapter, the board shall
have the power and authority to designate facilities for the
detention and treatment of persons found to be infected with a
sexually transmitted disease and to designate any such facility
in any hospital or other public or private institution, other
than a jail or correctional facility, having, or which may be
provided with, such necessary detention, segregation, isolation,
clinic and hospital facilities as may be required and prescribed
by the board, and to enter into arrangements for the conduct of
such facilities with the public officials or persons,
associations, or corporations in charge of or maintaining and
operating such institutions.



70.24.084.     Violations of chapter-Aggrieved persons-Right of
action

(1)  Any person aggrieved by a violation of this chapter shall
have a right of action in superior court and may recover for each
violation:

(a)  Against any person who negligently violates a provision of
this chapter, one thousand dollars, or actual damages, whichever
is greater, for each violation.

(b)  Against any person who intentionally or recklessly violates
a provision of this chapter, two thousand dollars, or actual
damages, whichever is greater, for each violation.

(c)  Reasonable attorneys' fees and costs.

(d)  Such other relief, including an injunction, as the court may
deem appropriate.

(2)  Any action under this chapter is barred unless the action is
commenced within three years after the cause of action accrues.

(3)  Nothing in this chapter limits the rights of the subject of
a test for a sexually transmitted disease to recover damages or
other relief under any other applicable law.

(4)  Nothing in this chapter may be construed to impose civil
liability or criminal sanction for disclosure of a test result
for a sexually transmitted disease in accordance with any
reporting requirement for a diagnosed case of sexually
transmitted disease by the department or the centers for disease
control of the United States public health service.



70.24.095.     Pregnant women- Drug treatment program
participants- AIDS counseling

(1) Every health care practitioner attending a pregnant woman or
a person seeking treatment of a sexually transmitted disease
shall insure that AIDS counseling of the patient is conducted.

(2) AIDS counseling shall be provided to each person in a drug
treatment program under chapter 69.54 RCW.



70.24.105.     Disclosure of HIV antibody test or testing or
treatment of sexually transmitted diseases-Exchange of medical
information

(1) No person may disclose or be compelled to disclose the
identity of any person who has investigated, considered, or
requested a test or treatment for a sexually transmitted disease,
except as authorized by this chapter.

(2) No person may disclose or be compelled to disclose the
identity of any person upon whom an HIV antibody test is per
formed, or the results of such a test, nor may the result of a
test for any other sexually transmitted disease when it is
positive be disclosed. This protection against disclosure of test
subject, diagnosis or treatment also applies to any information
relating to diagnosis of or treatment for HIV infection and for
any other confirmed sexually transmitted disease.  The following
persons, however, may receive such information:

(a) The subject of the test or the subject's legal representative
for health care decisions in accordance with RCW 7.70.065, with
the exception of such a representative of a minor child over
fourteen years of age and otherwise competent;

(b) Any person who secures a specific release of test results or
information relating to HIV or confirmed diagnosis of or
treatment for any other sexually transmitted disease executed by
the subject or the subject's legal representative for health care
decisions in accordance with RCW 7.70.065, with the exception of
such a representative of a minor child over fourteen years of age
and otherwise competent;

(c) The state public health officer, a local public health
officer, or the centers for disease control of the United States
public health service in accordance with reporting requirements
for a diagnosed case of a sexually transmitted disease;

(d) A health facility or health care provider that procures, pro
cesses, distributes, or uses: (i) A human body part, tissue, or
blood from a deceased person with respect to medical information
regarding that person; (ii) semen, including that provided prior
to March 23, 1988, for the purpose of artificial insemination; or
(iii) blood specimens;

(e) Any state or local public health officer conducting an
investigation pursuant to RCW 70.24.024, provided that such
record was obtained by means of court ordered HIV testing
pursuant to RCW 70.24.340 or 70.24.024;

(f) A person allowed access to the record by a court order
granted after application showing good cause therefor.  in assess
ing good cause, the court shall weigh the public interest and the
need for disclosure against the injury to the patient to the
physician-patient relationship, and to the treatment services.
Upon the granting of the order, the court, in determining the
extent to which tiny disclosure of all or any part of the record
of any such test is necessary, shall impose appropriate
safeguards against unauthorized disclosure.  An order authorizing
disclosure shall: (i) Limit disclosure to those parts of the
patient's record deemed essential to fulfill the objective for
which the order was granted; (ii) limit disclosure to those
persons whose need for information is the basis for the order;
and (iii) include any other appropriate measures to keep
disclosure to a minimum for the protection of the patient, the
physician-patient relationship, and the treatment services,
including but not limited to the written statement set forth in
subsection (5) of this section;

(g) Persons who, because of their behavioral interaction with the
infected individual, have been placed at risk for acquisition of
a sexually transmitted disease, as provided in RCW 70.24.022, if
the health officer or authorized representative believes that the
exposed person was unaware that a risk of disease exposure
existed and that the disclosure of the identity of the infected
person is necessary;

(h) A law enforcement officer, fire fighter, health care provider
health care facility staff person, or other persons as defined by
the board in rule pursuant to RCW 70.24.340(4), who has requested
a test of a person whose bodily fluids he or she has been
substantially exposed to, pursuant to RCW 70.24.340(4), if a
state or local public health officer performs the test;

(i) Claims management personnel employed by or associated with an
insurer, health care service contractor, health maintenance
organization, self-funded health plan, state-administered health
care claims payer, or any other payer of health care claims where
such disclosure is to be used solely for the prompt and accurate
evaluation and payment of medical or related claims.  Information
released under this subsection shall be confidential and shall
not be released or available to persons who are not involved in
handling or determining medical claims payment; and

(j)  A department of social and health services worker, a child
placing agency worker, or a guardian ad litem who is responsible
for making or reviewing placement or case-planning decisions or
recommendations to the court regarding a child, who is less than
fourteen years of age, has a sexually transmitted disease, and is
in the custody of the department of social and health services or
a licensed child placing agency; this information may also be re
ceived by a person responsible for providing residential care for
such a child when the department of social and health services or
a licensed child placing agency determines that it is necessary
for the provision of child care services.

(3)  No person to whom the results of a test for a sexually
transmitted disease have been disclosed pursuant to subsection
(2) of this section may disclose the test results to another
person except as authorized by that subsection.

(4)  The release of sexually transmitted disease information re
garding an offender, except as provided in subsection (2)(e) of
this section, shall be governed as follows:

(a)  The sexually transmitted disease status of a department of
corrections offender shall be made available by department of
corrections health care providers to a department of corrections
superintendent or administrator as necessary for disease
prevention or control and for protection of the safety and
security of the staff, offenders, and the public.  The
information may be submitted to transporting officers and
receiving facilities, including facilities that are not under the
department of correction's jurisdiction.

(b)  The sexually transmitted disease status of a person detained
in a jail shall be made available by the local public health
officer to a jail administrator as necessary for disease
prevention or control and for protection of the safety and
security of the staff, offenders, and the public. The information
may be submitted to transporting officers and receiving
facilities.

(c)  Information regarding a department of corrections offender's
sexually transmitted disease status is confidential and may be
disclosed by a correctional superintendent or administrator or
local jail administrator only as necessary for disease prevention
or control and for protection of the safety and security of the
staff, offenders, and the public. Unauthorized disclosure of this
information to any person may result in disciplinary action, in
addition to any other penalties as may be prescribed by law.

(5)  Whenever disclosure is made pursuant to this section, except
(or subsections (2)(a) and (6) of this section, it shall be
accompanied by a statement in writing which includes the
following or substantially similar language:  "This information
has been disused to you from records whose confidentiality is
protected by state law. State law prohibits you from making any
further disclosure of it without the specific written consent of
the person to whom it pertains, or as otherwise permitted by
state law. A general authorization for the release of medical or
other information is NOT sufficient for this purpose.   An oral
disclosure shall be accompanied or followed by such a notice
within ten days.

(6)  The requirements of this section shall not apply to the
customary methods utilized for the exchange of medical
information among health care providers in order to provide
health care service to the patient, nor shall they apply within
health care facilities where there is a need for access to
confidential medical information to fulfill professional duties.



70.24.120.     Sexually transmitted disease case investigators
Authority to withdraw blood

Sexually transmitted disease case investigators, upon specific au
thorization from a physician, are hereby authorized to perform
venipuncture or skin puncture on a person for the sole purpose of
withdrawing blood for use in sexually transmitted disease tests.

The term "sexually transmitted disease case investigator" shall
mean only those persons who:

(1)  Are employed by public health authorities; and

(2)  Have been trained by a physician in proper procedures to be
employed when withdrawing blood in accordance with training
requirements established by the department of health; and

(3)  Possess a statement signed by the instructing physician that
the training required by subsection (2) of this section has been
successfully completed.

The term "physician" means any person licensed under the provi
sions of chapters 18.57 or 18.71 RCW.



70.24.125.     Reporting requirements for sexually transmitted
diseases-Rules

The board shall establish reporting requirements for sexually
transmitted diseases by rule. Reporting under this section may be
required for such sexually transmitted diseases included under
this chapter as the board finds appropriate.



70.24.130.     Adoption of rules

The board shall adopt such rules as are necessary to implement
and enforce this chapter.  Rules may also be adopted by the
department of health for the purposes of this chapter. The rules
may include procedures for taking appropriate action, in addition
to any other penalty under this chapter, with regard to health
care facilities or health care providers which violate this
chapter or the rules adopted under this chapter. The rules shall
prescribe stringent safeguards to protect the confidentiality of
the persons and records subject to this chapter. The procedures
set forth in chapter 34.05 RCW apply to the administration of
this chapter, except that in case of conflict between chapter
34.05 RCW and this chapter, the provisions of this chapter shall
control.



70.24.140.     Certain infected persons-Sexual Intercourse un
lawful without notification

It is unlawful for any person who has a sexually transmitted
disease, except HIV infection, when such person knows he or she
is infected with such a disease and when such person has been
informed that he or she may communicate the disease to another
person through sexual intercourse, to have sexual intercourse
with any other person, unless such other person has been informed
of the presence of the sexually transmitted disease.



70.24.150.     Immunity of certain public employees

Members of the state board of health and local boards of health,
public health officers, and employees of the department of health
and local health departments are immune from civil action for
damages arising out of the good faith performance of their duties
as prescribed by this chapter, unless such performance
constitutes gross negligence.



70.24.200.     Information for the general public on sexually
transmitted diseases-Emphasis

Information directed to the general public and providing edu
cation regarding any sexually transmitted disease that is
written, published, distributed, or used by any public entity,
and all such information paid for, in whole or in part, with any
public moneys shall give emphasis to the importance of sexual
abstinence, sexual fidelity, and avoidance of substance abuse in
controlling disease.



70.24.210.     Information for children on sexually transmitted
diseases-Emphasis

All material directed to children in grades kindergarten through
twelve and providing education regarding any sexually transmitted
disease that is written, published, distributed, or used by any
public entity, and all such information paid for, in whole or in
part, with any public moneys shall give emphasis to the
importance of sexual abstinence outside lawful marriage and
avoidance of substance abuse in controlling disease.



70.24.220.     AIDS education in public schools-Finding

The legislature finds that the public schools provide a unique
and appropriate setting for educating young people about the
pathology and prevention of acquired immunodeficiency syndrome
(AIDS). The legislature recognizes that schools and communities
vary throughout the state and that locally elected school
directors should have a significant role in establishing a
program of AIDS education in their districts.



70.24.240.     Clearinghouse for AIDS educational materials

The number of acquired immunodeficiency syndrome (AIDS) cases in
the state may reach five thousand by 1991. This makes it
necessary to provide our state's workforce with the resources and
knowledge to deal with the epidemic.  To ensure that accurate
information is available to the state's work force, a
clearinghouse for all technically correct educational materials
related to AIDS should be created.



70.24.250.     Office on AIDS-Repository and clearinghouse for
AIDS education and training material-University of Washington
duties

There is established in the department an office on AIDS.  If a
department of health is created, the office on AIDS shall be
transferred to the department of health, and its chief shall
report directly' to the secretary of health. The office on AIDS
shall have as its chief a physician licensed under chapter 18.57
or 18.71 RCW or a person experienced in public health who shall
report directly to the assistant secretary for health.  This
office shall be the repository and clearinghouse for all
education and training material related to the treatment,
transmission, and prevention of AIDS.  The office on AIDS shall
have the responsibility for coordinating all publicly' funded
education and service activities related to AIDS. The University
of Washington shall provide the office on AIDS with appropriate
training and educational materials necessary to carry out its
duties. The office on AIDS shall assist state agencies with
information necessary to carry out the purposes of this chapter.
The department shall work with state and county agencies and
specific employee and professional groups to provide information
appropriate to their needs, and shall make educational materials
available to private employers and encourage them to distribute
this information to their employees.



70.24.260.     Emergency medical personnel-Rules for AIDS
education and training

The department shall adopt rules that recommend appropriate
education and training for licensed and certified emergency medi
cal personnel under chapter 18.73 RCW on the prevention,
transmission, and treatment of AIDS.  The department shall
require appropriate education or training as a condition of
certification or license issuance or renewal.



70.24.270.     Health professionals-Rules for AIDS education and
training

Each disciplining authority under chapter 18.130 RCW shall adopt
rules that require appropriate education and training for
licensees on the prevention, transmission, and treatment of AIDS.
The disciplining authorities shall  work with the office on AIDS
under RCW 70.24.250 to develop the training and educational
material necessary for health professionals.



70.24.280.     Board of pharmacy - Rules for AIDS education and
training

The state board of pharmacy shall adopt rules that require appro
priate education and training for licensees on the prevention.
transmission, and treatment of AIDS.  The board shall work with
the office on AIDS under RCW 70.24.250 to develop the training
and educational material necessary for health professionals.



70.24.290.     Public school employees-Rules for AIDS education
and training

The superintendent of public instruction shall adopt rules that
require appropriate education and training, to be included as
part of their present continuing education requirements, for
public school employees on the prevention, transmission, and
treatment of AIDS. The superintendent of public instruction shall
work with the office on AIDS under RCW 70.24.250 to develop the
educational and training material necessary for school employees.



70.24.300.     State and local government employees-Determination
of substantial likelihood of exposure-Rules for AIDS education
and training

The state personnel board, the higher education personnel board,
and each unit of local government shall determine whether any
employees under their jurisdiction have a substantial likelihood
of exposure in the course of their employment to the human immuno
deficiency virus.  If so, the agency or unit of government shall
adopt rules requiring appropriate training and education for the
employees on the prevention, transmission, and treatment of AIDS.
The rules shall specifically provide for such training and
education for law enforcement, correctional, and health care
workers. The state personnel board, the higher education
personnel board, and each unit of local government shall work
with the office on AIDS under RCW 70.24.250 to develop the
educational and training material necessary for employees.



70.24.310.     Health care facility employees-Rules for AIDS
education and training

The department shall adopt rules requiring appropriate education
and training of employees of state licensed or certified health
care facilities. The education and training shall be on the
prevention, transmission, and treatment of AIDS and shall not be
required for employees who are covered by comparable rules
adopted under other sections of this chapter. In adopting rules
under this section, the department shall consider infection
control standards and educational materials available from
appropriate professional associations and professionally prepared
publications.



70.24.320.     Counseling and testing-AIDS and HIV-Definitions

Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.

(1) "Pretest counseling" means counseling aimed at helping the
individual understand ways to reduce the risk of HIV infection,
the nature and purpose of the tests, the significance of the
results, and the potential dangers of the disease, and to assess
the individual's ability to cope with the results.

(2) "Posttest counseling" means further counseling following test
ing usually directed toward increasing the individual's under-
standing of the human immunodeficiency virus infection, changing
the individual's behavior, and, if necessary, encouraging the
individual to notify persons with whom there has been contact
capable of spreading HIV.

(3) "AIDS counseling" means counseling directed toward increasing
the individual's understanding of acquired immunodeficiency'
syndrome and changing the individual's behavior.

(4) "HIV testing" means a test indicative of infection with the
human immunodeficiency virus as specified by the board of health
HIV rule.



70.24.325.     Counseling and testing-Insurance requirements

(1) This section shall apply to counseling and consent for HIV
testing administered as part of an application for coverage
authorized under Title 48 RCW.

(2) Persons subject to regulation under Title 48 RCW who are
requesting an insured, a subscriber, or a potential insured or
subscriber to furnish the results of an HIV test for underwriting
purposes as a condition for obtaining or renewing coverage under
n insurance contract, health care service contract, or health
maintenance organization agreement shall:

(a) Provide written information to the individual prior to being
tested which explains:

(i) What an HIV test is;

(ii) Behaviors that place a person at risk for HIV infection;

(iii) That the purpose of HIV testing in this setting is to
determine eligibility for coverage;

(iv) The potential risks of HIV testing; and

(v) Where to obtain HIV pretest counseling.

(b) Obtain informed specific written consent for an HIV test. The
written informed consent shall include:

(i) An explanation of the confidential treatment of the test
results which limits access to the results to persons involved in
handling or determining applications for coverage or claims of
the applicant or claimant and to those persons designated under
(c)(iii) of this subsection; and

(ii) Requirements under (c)(iii) of this subsection.

(c) Establish procedures to inform an applicant of the following:

(i) That post-test counseling, as specified under WAC 248-100-
209(4), is required if an HIV test is positive or indeterminate;

(ii) That post-test counseling occurs at the time a positive or
indeterminate HIV test result is given to the tested individual;

(iii) That the applicant may designate a health care provider or
health care agency to whom the insurer, the health care service
contractor, or health maintenance organization will provide posi
tive or indeterminate test results for interpretation and post-
test counseling.  When an applicant does not identify a
designated health care provider or health care agency and the
applicant's test results are either positive or indeterminate,
the insurer, the health care service contractor, or health
maintenance organization shall provide the test results to the
local health department for interpretation and post-test
counseling; and

(iv) That positive or indeterminate HIV test results shall not be
sent directly to the applicant.



70.24.330.     HIV testing-Consent, exceptions

No person may undergo HIV testing without the person's consent
except:

(1)  Pursuant to RCW 7.70.065 for incompetent persons;

(2) In seroprevalence studies where neither the persons whose
blood is being tested know the test results nor the persons
conducting the tests know who is undergoing testing;

(3)  If the department of labor and industries determines that it
is relevant, in which case payments made under Title 51 RCW may
be conditioned on the taking of an HIV antibody test; or

(4)  As otherwise expressly authorized by this chapter.



70.24.340.     Convicted persons-Mandatory testing and counseling
for certain offenses-Employees substantial exposure to bodily
fluids-Procedure

(1) Local health departments authorized under this chapter shall
conduct or cause to be conducted pretest counseling, HIV testing,
and posttest counseling of all persons:

(a) Convicted of a sexual offense under chapter 9A.44 RCW;

(b) Convicted of prostitution or offenses relating to
prostitution under chapter 9A.88 RCW; or

(c) Convicted of drug offenses under chapter 69.50 RCW if the
court determines at the time of conviction that the related drug
offense is one associated with the use of hypodermic needles.

(2) Such testing shall be conducted as soon as possible after
sentencing and shall be so ordered by the sentencing judge.

(3) This section applies only to offenses committed after March
23, 1988.

(4) A law enforcement officer, fire fighter, health care
provider, health care facility staff person, or other categories
of employment determined by the board in rule to be at risk of
substantial exposure to HIV, who has experienced a substantial
exposure to another person's bodily fluids in the course of his
or her employment, may request a state or local public health
officer to order pretest counseling, HIV testing, and posttest
counseling for the person whose bodily fluids he or she has been
exposed to. The person who is subject to the order shall be given
written notice of the order promptly, personally, and
confidentially, stating the grounds and provisions of the order,
including the factual basis therefor. If the person who is
subject to the order refuses to comply, the state or local public
health officer may petition the superior court for a hearing. The
standard of review for the order is whether substantial exposure
occurred and whether that exposure presents a possible risk of
transmission of the HIV virus as defined by the board by rule.
Upon conclusion of the hearing, the court shall issue the
appropriate order.  The state or local public health officer
shall perform counseling and testing under this subsection if he
or she finds that the exposure was substantial and presents a
possible risk as defined by the board of health by rule.



70.24.350.     Prostitution and drug offenses-Voluntary testing
and counseling

Local health departments, in cooperation with the regional AIDS
services networks, shall make available voluntary testing and
counseling services to all persons arrested for prostitution
offenses under chapter 9A.88 RCW and drug offenses under chapter
69.50 RCW. Services shall include educational materials that
outline the seriousness of AIDS and encourage voluntary
participation.



70.24.360.     Jail detainees-Testing and counseling of persons
who present a possible risk

Jail administrators, with the approval of the local public health
officer, may order pretest counseling, HIV testing, and posttest
counseling for persons detained in the jail if the local public
health officer determines that actual or threatened behavior
presents a possible risk to the staff, general public, or other
persons. Approval of the local public health officer shall be
based on RCW 70.24.-024(3) and may be contested through RCW
70.24.024(4).  The administrator shall establish. pursuant to RCW
70.48.071, a procedure to document the possible risk which is the
basis for the HIV testing. "Possible risk," as used in this
section, shall be defined by the board in rule. Documentation of
the behavior, or threat thereof, shall be reviewed with the
person to try to assure that the person understands the basis for
testing.



70.24.370.     Correction facility inmates-Counseling and testing
of persons who present a possible risk-Training for
administrators and superintendents-Procedure

(1) Department of corrections facility administrators may order
pretest counseling. HIV testing. and posttest counseling for
inmates if the secretary of corrections or the secretary's
designee determines that actual or threatened behavior presents a
possible risk to the staff, general public. or other inmates. The
department of corrections shall establish a procedure to document
the possible risk which is the basis for the HIV testing.
"Possible risk," as used in his section, shall be defined by the
department of corrections after consultation with the board.
Possible risk. as used in the documentation of the behavior, or
threat thereof. shall be reviewed with the inmate.

(2) Department of corrections administrators and superintendents
who are authorized to make decisions about testing and dis
semination of test information shall, at least annually,
participate in training seminars on public health considerations
conducted by the assistant secretary for public health or her or
his designee.

(3) Administrative hearing requirements set forth in chapter
34.05 RCW do not apply to the procedure developed by the depart
ment of corrections pursuant to this section. This section shall
not he construed as requiring any hearing process except as may
be required under existing federal constitutional law.

(4) RCW 70.24.340 does not apply to the department of corrections
or to inmates in its custody or subject to its jurisdiction.



70.24.380.     Board of health-Rules for counseling and testing

The board of health shall adopt rules establishing minimum
standards for pretest counseling, HIV testing, posttest
counseling. and AIDS counseling.



70.24.400.     Department to establish regional AIDS service net
works - Funding - Lead counties - Regional plans-University of
Washington, center for AIDS education

The department shall establish a state-wide system of regional
acquired immunodeficiency syndrome (AIDS) service networks as
follows:

(1) The secretary of health shall direct that all state or
federal funds, excluding those from federal Title XIX for
services or other activities authorized in this chapter, shall be
allocated to the office on AIDS established in RCW 70.24.250. The
secretary shall further direct that all funds for services and
activities specified in subsection (3) of this section shall be
provided to lead counties through contractual agreements based on
plans developed as provided in subsection (2) of this section,
unless direction of such funds is explicitly prohibited by
federal law, federal regulation, or federal policy.  The
department shall deny funding allocations to lead counties only
if the denial is based upon documented incidents of nonfeasance,
misfeasance, or malfeasance.  However, the department shall give
written notice and thirty days for corrective action in incidents
of misfeasance or nonfeasance before funding may be denied. The
department shall designate six AIDS service network regions
encompassing the state. In doing so, the department shall use the
boundaries of the regional structures in place for the community
services administration on January 1, 1988.

(2) The department shall request that a lead county within each
region, which shall be the county with the largest population,
prepare, through a cooperative effort of local health departments
within the region, a regional organizational and service plan,
which meets the requirements set forth in subsection (3) of this
section. Efforts should be made to use existing plans, where
appropriate. The plan should place emphasis on contracting with
existing hospitals, major voluntary organizations, or health care
organizations within a region that have in the past provided
quality services similar to those mentioned in subsection (3) of
this section and that have demonstrated an interest in providing
any of the components listed in subsection (3) of this section.
If any of the counties within a region do not participate, it
shall be the lead county's responsibility to develop the part of
the plan for the nonparticipating county or counties. If all of
the counties within a region do not participate, the department
shall assume the responsibility.

(3) The regional AIDS service network plan shall include the
following components:

(a) A designated single administrative or coordinating agency;

(b) A complement of services to include:

(i) Voluntary and anonymous counseling and testing;

(ii) Mandatory testing and/or counseling services for certain
individuals, as required by law;

(iii) Notification of sexual partners of infected persons, as re
quired by law;

(iv) Education for the general public, health professionals, and
high-risk groups;

(v) Intervention strategies to reduce the incidence of HIV infec
tion among high-risk groups, possibly including needle
sterilization and methadone maintenance;

(vi) Related community outreach services for runaway youth;

(vii) Case management;

(viii) Strategies for the development of volunteer networks;

(ix) Strategies for the coordination of related agencies within
the network; and

(x) Other necessary information, including needs particular to
the region;

(c) A service delivery model that includes:

(i) Case management services; and

(ii) A community-based continuum-of-care model encompassing both
medical, mental health, and social services with the goal of
maintaining persons with AIDS in a home-like setting, to the
extent possible, in the least-expensive manner; and

(d) Budget, caseload. and staffing projections.

(4) Efforts shall be made by both the counties and the department
to use existing service delivery systems, where possible, in
developing the networks.

(5) The University of Washington health science program, in
cooperation with the office on AIDS may, within available re
sources, establish a center for AIDS education, which shall be
linked to the networks.  The center for AIDS education is not
intended to engage in state-funded research related to HIV infec
tion, AIDS, or HIV-related conditions.  Its duties shall include
providing the office on AIDS with the appropriate educational
materials necessary to carry out that office's duties.

(6) The department shall implement this section, consistent with
available funds, by October 1, 1988, by establishing six regional
AIDS service networks whose combined jurisdictions shall include
the entire state.

(a)  Until June 30,1991, available funding for each regional AIDS
service network shall be allocated as follows:

(i) Seventy-five percent of the amount provided for regional AIDS
service networks shall be allocated per capita based on the
number of persons residing within each region, but in no case
less than one hundred fifty thousand dollars for each regional
AIDS service network per fiscal year. This amount shall be
expended for testing, counseling, education, case management,
notification of sexual partners of infected persons, planning,
coordination, and other services required by law, except for
those enumerated in (ii) of this subsection.

(ii) Twenty-five percent of the amount provided for regional AIDS
service networks shall be allocated for intervention strategies
specifically addressing groups that are at a high risk of being
infected with the human immunodeficiency virus. The allocation
shall be made by the office on AIDS based on documented need as
specified in regional AIDS network plans.

(b) After June 30, 1991, the funding shall be allocated as
provided by law. By December 15, 1990, the department shall
report to the appropriate committees of the legislature on
proposed methods of funding regional AIDS service networks.

(7) The regional AIDS service networks shall be the official
state regional agencies for AIDS information education and
coordination of services.  The state public health officer, as
designated by the secretary of health, shall make adequate
efforts to publicize the existence and functions of the networks.

(8) If the department is not able to establish a network by an
agreement solely with counties, it may contract with nonprofit
agencies for any or all of the designated network
responsibilities.

(9) The department, in establishing the networks, shall study
mechanisms that could lead to reduced costs and/or increased
access to services. The methods shall include capitation.

(10) The department shall reflect in its departmental biennial
budget request the funds necessary to implement this section.

(11) The department shall submit an implementation plan to the
appropriate committees of the legislature by July 1, 1988.

(12) The use of appropriate materials may be authorized by
regional AIDS service networks in the prevention or control of
HIV infection.



70.24.410.     AIDS advisory committee-Duties, review of
insurance problems-Termination

To assist the secretary of health in the development and imple
mentation of AIDS programs, the governor shall appoint an AIDS
advisory committee. Among its duties shall be a review of
insurance problems as related to persons with AIDS.  The
committee shall terminate on June 30, 1991.



70.24.420.     Additional local funding of treatment programs not
required

Nothing in this chapter may be construed to require additional
local funding of programs to treat communicable disease estab
lished as of March 23, 1988.



70.24.430.     Application of chapter to persons subject to juris
diction of department of corrections

Nothing in this chapter is intended to create a state-mandated
liberty interest of any nature for offenders or inmates confined
in department of corrections facilities or subject to the
jurisdiction of the department of corrections.



70.24.440.     Class IV human immunodeficiency virus insurance
program

(1) "Class IV human immunodeficiency virus insurance program," as
used in this section, means the program financed by state funds
to assure health insurance coverage for individuals with class IV
human immunodeficiency virus infection, as defined by the state
board of health, who meet eligibility requirements established by
the department.

(2) The department may pay for health insurance coverage with
funds appropriated for this purpose on behalf of persons who are
infected with class IV human immunodeficiency virus, meet program
eligibility requirements, and are eligible for "continuation
coverage" as provided by the federal consolidated omnibus budget
reconciliation act of 1985 or group health insurance policies:
Provided, That this authorization to pay for health insurance
shall cease on June 30, 1991, as to any coverage not initiated
prior to that date.



70.54.120.     Immunity from implied warranties and civil liabili
ty relating to blood, blood products, tissues, organs, or bones-
scope-Effective date

The procurement, processing, storage, distribution, administra
tion, or use of whole blood, plasma, blood products and blood
derivatives for the purpose of injecting or transfusing the same,
or any of them, or of tissues, organs, or bones for the purpose
of transplanting them, or any of them, into the human body is de
clared to be, for all purposes whatsoever, the rendition of a
service by each and every person, firm, or corporation
participating therein, and is declared not to be covered by any
implied warranty under the Uniform Commercial Code, Title 62A
RCW, or otherwise, and no civil liability shall be incurred as a
result of any of such acts, except in the case of willful or
negligent conduct: Provided, how-ever, That this section shall
apply only to liability alleged in the contraction of hepatitis,
malaria, and acquired immune deficiency disease and shall not
apply to any transaction in which the donor receives
compensation: Provided further, That this section shall only
apply where the person, firm or corporation rendering the above
service shall have maintained records of donor suitability and
donor identification: Provided further, That nothing in this
section shall be considered by the courts in determining or
applying the law to any blood transfusion occurring before June
10, 1971 and the court shall decide such case as though this
section had not been passed.



74.09.755.  AIDS-Community-based care-Federal social security act
waiver

The department shall prepare and request a waiver under section
1915(c) of the federal social security act 1 to provide community
based long-term care services to persons with AIDS or AIDS-
related conditions who qualify for the medical assistance program
under RCW 74.09.510 or the limited casualty program for the
medically needy under RCW 74.09.700.  Respite services shall be
included as a service available under the waiver.