H-3437              _______________________________________________

 

                                                   HOUSE BILL NO. 1977

                        _______________________________________________

 

State of Washington                              49th Legislature                              1986 Regular Session

 

By Representative van Dyke

 

 

Read first time 1/24/86 and referred to Committee on Social & Health Services.

 

 


AN ACT Relating to AIDS; adding a new chapter to Title 70 RCW; prescribing penalties; and declaring an emergency.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

          NEW SECTION.  Sec. 1.     Because acquired immune deficiency syndrome, (AIDS) is a virulent, communicable disease that is presently incurable by any known treatment, is presently one hundred percent fatal to all known victims within a few years after they have contracted the disease, is presently infecting new victims at an epidemic rate doubling approximately every six to nine months, and because material and substantial aspects of this disease critical to its prevention and containment are presently unknown or uncertain, it is deemed essential to adopt the following requirements for the purpose of protecting the public health by preventing the spread of AIDS and to preserve the dignity and humanity of those persons infected with AIDS.

 

          NEW SECTION.  Sec. 2.     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

          (1) "AIDS" means the infection that is characterized by the confirmed presence of the AIDS retro-virus (HTLV III, LAV, or ARV).

          (2) "Carrier" means any person who is infected with AIDS.

          (3) "City" means a city or town.

          (4) "Contact" means any person who has had an association with a person infected with AIDS or an infected environment as to provide the opportunity to acquire the infection.

          (5) "Day care center" means any private or public person, group, or organization that provides care, supervision, or other services for any child, other than the immediate family, under the age of eighteen, within or without a residence, for periods of less than twenty-four hours.

          (6) "Expose" means to cause the association with a person infected with AIDS as to provide the opportunity for another to acquire the infection.

          (7) "Family" means those individuals related to the infected person by marriage or consanguinity.

          (8) "Foster care program" means any person, firm, partnership, association, corporation, or facility, private or public, that regularly provides care during any part of the twenty-four hour day to one or more children, expectant mothers, or developmentally disabled persons in the family abode of the person or persons under whose direct care and supervision the child, expectant mother, or developmentally disabled person is placed.

          (9) "Health care facility" means any building or structure in which health care services are provided, including but not limited to the following:  Hospitals, psychiatric hospitals, nursing homes, health care clinics, emergency medical centers, and any home health agency or service.

          (10) "Health care personnel" means any individual, group, or organization that provides health care, including but not limited to the following:  Physician, dentist, chiropractor, naturopath, and nurse.

          (11) "Health officer" means the state director of health or the health officer of a local health district, city, county, or a combined city-county health department or his or her authorized representative.

          (12) "Infected person" means any individual with AIDS.

          (13) "Patient" means any person receiving preventative, curative, diagnostic, therapeutic, habilitative, rehabilitative, maintenance, or palliative health related service of any kind.

          (14) "Political entity" means any state or local government including but not limited to, their agencies, instrumentalities, and employees.

          (15) "Public nuisance" means any person whose behavior is or continues to be injurious to the public health, or to the health, safety, or life of any person by exposing or causing to be exposed the person or persons to AIDS, and any facility in which the behavior occurs or continues to occur.

          (16) "Schools" means any private or public school, including but not limited to the following:  Kindergarten, preschool, elementary, secondary, college, university, or trade and vocational institution.

          (17) "Shall" means compliance is necessary and mandatory.

          (18) "Suspect" means a person who may possibly have AIDS.

 

          NEW SECTION.  Sec. 3.     Whenever any laboratory report or clinical symptoms of a patient indicates suspicion of AIDS, pre-AIDS, ARC (AIDS-related complex), or the AIDS antibody, the person attending the patient shall immediately take action as is necessary in order to prevent the spread of the disease and shall immediately make an initial report in writing to the local health officer who will then immediately notify the state health officer by forwarding the report to the officer.  The report shall include the patient's full name, the full address of the patient's residence, the name and address of the patient's employer, and the symptoms or test findings indicating the presence of AIDS, pre-AIDS, or the AIDS antibody, such as persistent and prolonged cases of the following:  Fatigue, diarrhea, fever, dry coughs and shortness of breath, swollen lymph glands, night sweats, skin spots and rashes, bruises and bleeding from cuts or scratches, unexpected weight loss, infections of the tongue, mouth and anus, and neurological disorders resulting in memory loss, seizures, delusions, hallucinations, and paranoia.

          Clinical symptoms shall include, but are not limited to, the presence of the following hallmark infections and their symptoms:  Pneumocystitis carinii, kaposi's sarcoma, candidiasis, cryptococcosis, cytomegalovirus, atypical microbacterial, chronic herpes simplex, cryptosporidiosis, toxoplasmosis, and tuberculosis.

 

          NEW SECTION.  Sec. 4.     The diagnosis or release of a case, contact, or carrier of AIDS, pre-AIDS, or the AIDS antibody shall be determined by the examination of appropriate laboratory specimens submitted to an approved laboratory and confirmed by the state health laboratory.

 

          NEW SECTION.  Sec. 5.     All persons tested shall first be tested with the enzyme-linked immunosorbent assay test (ELISA) to confirm the presence or absence of antibodies to the AIDS virus.  If the test results are positive it indicates that the aids antibodies are present and a second ELISA test shall be required to confirm the results of the first test.  A negative first test shall result in a presumptive conclusion that no AIDS virus is present and the person is not infected with AIDS.  If the second test is positive it confirms the presence of the AIDS antibody and the western blot test shall then be required as a final confirmation.  If the western blot test result is positive it confirms that the AIDS virus is present and that person so tested is to be considered conclusively as a person infected with AIDS.  A person testing positive on the first ELISA test and negative on the second ELISA test shall be considered as a person not infected with AIDS but the person shall be tested every year on the anniversary date of the testing to insure continued noninfection.  If such person tests negatively three years consecutively following the initial test the person shall no longer be required annual testing for purposes of this section.

          The cost of all persons tested shall be charged to such person, or such person's spouse, parent, or guardian.  If the person, spouse, parent, or guardian is able to prove inability to pay, the cost of testing shall be charged to the city or county where the tested person resides, or to the state if the person tested has no residence within this state.  Any other test developed at any time, now or later, that is as reliable, or more reliable, than the ELISA or western blot test may be used for purposes of this chapter.

 

          NEW SECTION.  Sec. 6.     Every person, firm, or corporation operating or maintaining a laboratory in which body fluids, secretions, or excretions are examined for the determination of the presence or absence of the AIDS antibody or the AIDS virus in the material examined or in the person from which it was secured, shall register annually with the state department of health giving the name of the laboratory, its location, and the name of the person owning and of those persons operating the same.

 

          NEW SECTION.  Sec. 7.     It shall be and is made the duty of all local health officers within the state to thoroughly investigate the possible sources of infection and modes of transmission of AIDS and submit appropriate epidemiologic reports of the infections occurring within their jurisdictions.  The state department of health shall provide assistance to local health officers in carrying out necessary investigations, whenever such assistance is needed.  In carrying out the investigations, the health officers are vested with full powers of investigation, inspection, examination, and isolation of all persons known to be infected with AIDS.

 

          NEW SECTION.  Sec. 8.     The epidemiologic reports shall include the pertinent information concerning the circumstances involved in the infection of AIDS, including the patient's full name, gender, race, date and place of birth, marital status, the full name and age of any spouse, children, and other persons living in the patient's residence, the full address of the patient's residence, the name and address of employer, the type of employment, the name and address of the attending physician, the date of onset, chief symptoms, results of laboratory tests used to confirm or support the diagnosis, history of possible exposures to or contacts with the patient, and any other information that may be of value in contributing to the knowledge of the epidemiology and control of AIDS.

 

          NEW SECTION.  Sec. 9.     It shall be the duty of every physician or practitioner, every superintendent or manager of a dispensary, hospital, or clinic, or other medical facility, or any person in attendance on a case of AIDS, to report the case immediately to the local health officer, the report to include pertinent data regarding the patient and the circumstance involved so as to determine the source of infection and mode of transmission.  This data is to include the full name, the age and sex of patient, the patient's full address of residence, the name and address of the patient's employer, and date of onset.  In case the patient is hospitalized or is receiving treatment through a dispensary, hospital, clinic, or other medical facility, the superintendent or manager of such dispensary, hospital, clinic, or other medical facility shall be responsible for reporting if the attending physician fails to do so.

          The submitting of laboratory specimens to a health department laboratory shall not be considered as a report of any case.

 

          NEW SECTION.  Sec. 10.    Any person may request any test for AIDS at any time, for any reason, at his or her own expense.  Any person tested by any test for AIDS, whether voluntarily or required by law, shall be immediately notified of the test results and the results shall be explained for their significance.

          All preliminary testing information, to include the name of the person tested, shall remain strictly confidential, subject to other provisions of this chapter, until a person is confirmed by the western blot test as being a person infected with AIDS.  Until confirmation occurs, the information shall not be disclosed except to the state and local health officer, their authorized representatives, and medical personnel charged with enforcement of this chapter.

          The information may be disclosed whenever and to whomever the state or local health officer may deem appropriate and necessary to meet a bona fide medical emergency.

 

          NEW SECTION.  Sec. 11.    When no physician is in attendance, it shall be the duty of any individual having knowledge of a person suffering from AIDS, or suspected of having AIDS, to report immediately to the local health officer all the facts relating to the case, together with the name and address of the person who is infected or is suspected of being infected, and the local health officer shall immediately take such action as is necessary in order to prevent the spread of the disease and shall immediately make a report in writing to the state health officer.

 

          NEW SECTION.  Sec. 12.    It shall be the duty of any person who is interrogated to answer correctly and fully to the best of their knowledge all questions put to him or her that may be necessary to elicit any information needed to verify or complete any report of a case of known or suspected AIDS, or to enable measures to be taken to prevent the spread of AIDS.

 

          NEW SECTION.  Sec. 13.    The state or local health officer may accept, or may, at the officer's discretion, carry out additional steps as may be deemed by the officer to be necessary to verify any diagnosis reported by a physician.

 

          NEW SECTION.  Sec. 14.    The diagnosis of a reported case may be changed only by the state health officer.  A suspected case may be reported on the basis of a provisional diagnosis, that may later be changed by the state health officer upon clear and convincing evidence of a contrary diagnosis submitted by the attending physician or local health officer.

 

          NEW SECTION.  Sec. 15.    It shall be the duty of local health officers to stimulate interest in and to encourage good reporting by all physicians, medical personnel, and all other individuals residing or working in their jurisdiction and to familiarize, inform, and educate all individuals of the dangers, risks, and safeguards pertaining to AIDS.

 

          NEW SECTION.  Sec. 16.    It shall be the duty of the state health officer when deemed necessary by the officer to protect the public health, including the health of those individuals infected with AIDS, to procure a suitable building, either by lease or construction, to be used exclusively by the health officer as a hospice for those infected with AIDS, and to approve all necessary expenses incurred in procuring the building and keeping it in proper repair, and in obtaining the necessary furnishings therefor.

 

          NEW SECTION.  Sec. 17.    When any person has been confirmed as being infected with AIDS the local health officer of the city or county where the officer has jurisdiction shall provide for the public safety as the officer deems necessary, by removing any infected person found within his or her jurisdiction, resident, or otherwise:  (1) To the state hospice, if available, or (2) to a separate building in his or her jurisdiction if it can be done without great danger to the infected person's health.  The health officer shall provide nurses, other assistants, and necessities.  The costs of removal and care shall be to the infected person's charge, or the charge of the person's spouse, parent, or guardian.  If the infected person's spouse, parent, or guardian is able to prove inability to pay, the costs shall be charged to the city or county removing the infected person.

          The state health officer may, independently, as the officer deems necessary to protect the public health, remove any such infected person found within the state to the state's hospice, at the infected person's charge or the charge of the person's spouse, parent, or guardian.  If the infected person, spouse, parent, or guardian are able to prove inability to pay, the costs shall be charged to the state.

          The state or local health officer may, alternatively, order the infected person to be isolated in the person's residence rather than removal to the hospice or other building.  The health officer shall, in appropriate circumstances as the officer deems necessary, give preference to allow for isolation with family or friends.  No isolation shall occur until a person is confirmed as being infected with AIDS:  PROVIDED, That when in the judgment of the officer, it is necessary to protect the public health, the officer may detain and isolate persons suspected of having AIDS until results of necessary examinations are obtained and until the diagnosis is confirmed or ruled out.  The place of detention and isolation shall be quarters the health officer considers safe and appropriate.

 

          NEW SECTION.  Sec. 18.    It shall be the duty of the physician attending an AIDS patient to give detailed instructions to the members of the patient's household with regard to precautionary measures to be taken to prevent the spread of the disease.  The instructions shall conform to the regulations of the state board of health and the ordinances in effect in the local city or county.

          In communities in which such services are available, the local health department should be requested to assist families to establish isolation procedures in the home and to instruct the family how such conditions are to be maintained.

 

          NEW SECTION.  Sec. 19.    The precautions listed in this section shall be observed in carrying out isolation procedures whether in a residence, hospice, or other building.  Persons caring for the patient shall avoid coming in contact with all other persons until every precaution has been taken to prevent the spread of infectious material from the patient's area of isolation.  Such precautions shall include the following:

          (1) Attendants and any authorized visitors shall wear outer protective garments, gowns, gloves, goggles, and masks to reduce the risk of transmitting disease microbes or viruses from or to the patient.  Garments are to be removed before leaving the isolation area and all clothing and linens shall be washed in a solution of bleach (one part bleach to nine parts water) and hot water (one hundred fifty-eight degrees or above).

          (2)  After removal of these garments and before leaving the isolation area, the hands of the attendant or authorized visitor are to be thoroughly washed with soap and water.

          (3) Special provision for handling dishes and utensils used in feeding the patient are to be made in order to keep them separate from dishes and utensils used by others and to insure that they are properly sanitized following use by the patient.  All dishes and utensils shall be washed in the bleach solution and water temperature described above.  Use of disposable dishes and utensils is recommended.

          (4) Special provision must be made to handle the linen and clothing of the patient in a separate manner designed to prevent the spread of infection from these sources.

          (5) Mouth, eye, and nasal discharges should be destroyed, preferably by burning.  Clean cloth or paper handkerchiefs should be used and discarded into paper bags attached to the bed, and then burned.

          (6) Bowel discharges, urine, semen and blood products must be disposed of in such a place and manner that will insure that such excretions or secretions will not contaminate any water supplies, that they will not be accessible to flies, mosquitos, and other insects, and that the attendant will not become infected during the handling of them.  The place of isolation shall be kept free of flies, mosquitos, and other insects.

          (7) The state or local health officer shall post warning placards on all premises where isolation procedures are in effect.

          (8) Placards shall be of yellow cardboard, measuring five by nine inches, and are to be worded as follows:

 

                                                           WARNING (SIXTY POINT TYPE)

 

BECAUSE OF THE COMMUNICABLE DISEASE, ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS), ALL PERSONS ARE FORBIDDEN TO ENTER OR LEAVE THESE PREMISES WITHOUT SPECIAL PERMISSION FROM THE HEALTH OFFICER OF THIS JURISDICTION.

REMOVAL OR MUTILATION OF THIS CARD, OR INTERFERING WITH OR DISOBEYING THE ORDERS OF THE HEALTH OFFICER SHALL CONSTITUTE VIOLATION OF STATE LAW AND THE RULES AND REGULATIONS OF THE STATE BOARD OF HEALTH, AND SHALL BE PUNISHABLE BY LAW.

 

!tp1,1,1 !w_!tl!tl!w_

(month, day, year)!tj1!tlHealth!sc ,1Officer!sc ,1(signature)

 

!tj1!tl!w_

!tj1!tlHealth!sc ,1Department

 

          (9) In addition to carrying out all the above procedures, in the isolation of premises, the health officer shall define the area where the patient is to be isolated and affix the specified placard in a conspicuous place, and determine things, persons, and places that are subject to isolation and issue instructions accordingly.

          (10) When an infected person is placed under isolation in a residence, the appropriate governmental agency shall assume responsibility that arrangements are made to insure that the isolated person obtains adequate food supplies and other necessities.

          (11) No persons, except the health officer and those individuals the officer has authorized, and under the officer's supervision, such as the officer's representatives, physicians, attendants, clergy, or police shall enter the isolation area, and no one shall permit any other person to enter any room, apartment, or premises isolated for the AIDS disease, nor shall any person needlessly expose or cause to be exposed any other person to AIDS.

          (12) No person shall interfere with or obstruct the entrance of any isolated premises or the inspection or examination of any occupant thereof by any health officer or his or her authorized representative in the proper discharge of his or her duties.

          (13) Isolation may be terminated only by permission and order of the state health officer or his or her designated representative.

 

          NEW SECTION.  Sec. 20.    (1) Persons may be released from isolation only by permission of the state health officer or his or her designated representative.

          (2) The following procedures shall apply:

          (a) The patient shall be bathed and dressed in uncontaminated clothing.

          (b) The room shall be thoroughly cleaned, and disinfected with appropriate chemicals and aired.

          (c) Disposable articles shall be burned.

          (d) Where feasible, articles shall be washed with hot water (one hundred fifty-eight degrees or above) and soap.

          (e) Articles that cannot be burned, boiled, or washed, such as books, shall be exposed to sun and air for twelve hours.

 

          NEW SECTION.  Sec. 21.    No individual with AIDS nor any individual subject to isolation shall move or be transported from one place to another without the permission of the local health officer, and no person may be transported outside the jurisdiction of the local health officer until the permission of the local health officer into whose territory the case is being taken is obtained.  When transportation involves travel through several counties the permission as to travel shall also be obtained through the state department of health.

 

          NEW SECTION.  Sec. 22.    The regulations made by the United States public health service for the control of common carriers engaged in interstate business are part of these regulations of the state board of health and shall apply to intrastate transportation.

 

          NEW SECTION.  Sec. 23.    No person knowingly afflicted with AIDS shall use any public conveyance or public restroom and no person knowingly shall assist the afflicted person in the use of any such public conveyance or restroom except under supervision of appropriate local or state health authorities.

 

          NEW SECTION.  Sec. 24.    Any person who has been confirmed as being infected with AIDS who arrives in this state from any place outside the state, and who is not a domicile of this state, shall inform the state or local health officer of their arrival within two hours after their arrival or within two hours after actual notice of this requirement.  It shall be the duty of the local health officer to provide public notice of this requirement within their jurisdiction at all travel terminals including, but not limited to air, bus, train, taxi, car rental agency, and other places as they deem necessary.  It shall also be the officer's duty to immediately inform the state health officer of the arrival of any infected persons within the officer's jurisdiction.

 

          NEW SECTION.  Sec. 25.    The state or local health officer may order any person infected with AIDS arriving in this state from any place outside the state, who is not domiciled in the state, unless the infected person is disabled by sickness, to immediately leave the state in the manner the officer may direct.  If the infected person neglects or refuses to do so, a judge of the superior court, on the complaint of the state or local health officer, shall issue a warrant to any proper officer and cause the infected person to be removed from the state.  The person shall not return to the state without the permission of the state health officer.  It shall be the duty of the local health officer to report to the state the disposition of the infected persons, whether removed or not.

 

          NEW SECTION.  Sec. 26.    It shall be the duty of every teacher in any school, public or private, and every worker in any day care center, public or private, and every participant in a foster care program, public or private, within the state to report immediately to the principal or person in charge of such school, day care center, or foster care program all facts relating to the illness and physical condition of any child in the school, day care center, or foster care program who appears to be infected with AIDS.  It shall be the duty of the principal or person in charge of every school, day care center, or foster parent program to report immediately to the local health officer all facts relating to the illness or physical condition of any child attending the school, day care center, or foster care program who appears to be infected with AIDS, together with the name, age, and address of the child.  The child shall be withdrawn from the premises immediately and submitted for further examination.  A child shall not attend any school, day care center, or foster care program if he or she is infected with AIDS.  The state shall provide adequate and appropriate tutorial service in an isolated environment to insure the student progresses at a rate reasonably suited to his or her abilities.  A person suspected of having AIDS shall not attend any school, day care center, or foster care program until results of necessary examinations have been expeditiously completed and the diagnosis has been confirmed or ruled out.  No person infected with AIDS shall reside in any facility where school, day care, and foster care activities occur.

 

          NEW SECTION.  Sec. 27.    No person in any private or public school, day care center, or foster care program in this state shall work at such employment while infected with AIDS.  No organization, political entity, or person shall hire any individual as a private or public school, day care center, or foster care employee or volunteer (teacher, supervisor, bus driver, janitor, clerk, or as any other employer or volunteer) who comes in direct contact with the students in any school, or children in any day care center, or foster care program until the individual has been tested for AIDS and there is filed with the local school district superintendent or for day care or foster care personnel, the local health department or appropriate licensing department, a valid health certificate issued by the local health officer stating the individual is not infected with AIDS.

          All such individuals presently employed by a private or public school, day care center, or foster care program shall submit to testing and certification within sixty days from the effective date of this legislation.  If any individual shall be found to be infected with AIDS they shall be denied issuance of a certificate.  Testing and recertification shall thereafter occur every year prior to the start of the scheduled school year, or the anniversary date of the testing, for foster care and day care personnel.  The local health officer shall immediately submit a report to the state health officer for those persons infected with AIDS, pre-AIDS, or the AIDS antibody.

 

          NEW SECTION.  Sec. 28.    These rules shall apply to casual substitutes; teachers who do not teach more than thirty calendar days in any school year.  They shall also apply to student employees who have jobs in schools and all other part-time employees or volunteers who come in direct contact with students or children.

 

          NEW SECTION.  Sec. 29.    The health certificate shall be filed with the school district superintendent.  Whenever an employee transfers from one district to another, the school district superintendent shall return to the employee his or her health certificate, which shall be filed with the school district superintendent in the new locality.

 

          NEW SECTION.  Sec. 30.    Because the AIDS virus has been isolated in numerous body fluids, to include blood, semen, saliva, tears, and sweat, it is essential to exclude those persons infected with AIDS from those professions and occupations which involve direct contact with the public or which involve handling food or beverage for public consumption.

          No person infected with AIDS shall work in a profession or occupation that requires a health department certificate, license or permit, or in a facility that is subject to a sanitary inspection.  These professions and occupations include, but are not limited to, the following:  Physicians, eye doctors, pharmacists, paramedics, ambulance attendants, emergency medical technicians, dentists, dental technicians, hygienists, and assistants, nurses, medics and other health care personnel, beauticians, barbers, cosmeticians, tattooers, ear piercers, acupuncturists, electrolysists, and food service workers such as cooks, waiters, and dishwashers.  The facilities include, but are not limited to the following:  Hospitals, clinics, offices, other health care facilities, shops, restaurants, bars, and other facilities where such individuals carry on their employment.

          No organization, political entity, or person shall hire any individual to work in any profession or occupation that involves direct contact with the public, that involves handling food or beverages for public consumption, that requires a health department certificate, license or permit, or that necessitates work in any facility subject to a sanitary inspection until the individual has been tested for AIDS and there has been filed with the appropriate licensing agency a valid health certificate issued by the local health officer stating the individual is not infected with AIDS.

          All individuals presently employed in these professions, occupations, or facilities shall submit to testing and certification within sixty days from the effective date of this act.  If any individual shall be found to be infected with AIDS they shall be denied issuance of a certificate.  Testing and recertification shall occur every year prior to the anniversary date of the testing.  The local health officer shall immediately submit a report to the state health officer for those persons infected with AIDS, pre-AIDS, or the AIDS antibody.

 

          NEW SECTION.  Sec. 31.    The state or local health officer shall examine any person suspected of being infected with AIDS.  All such persons suspected of infection shall submit to the examination.

 

          NEW SECTION.  Sec. 32.    All persons filing for a marriage license and all persons seeking prenatal care shall submit to an examination for AIDS, pre-AIDS, or the AIDS antibody.  It shall be the duty of the director of the appropriate licensing agency and the attending physician of the pregnant female to insure the examination occurs and a report is immediately filed with the local health officer, whether or not the female is infected with AIDS, pre-AIDS, or the AIDS antibody.

 

          NEW SECTION.  Sec. 33.    All instruments, utensils, devices, and other equipment that comes in direct contact with an infected person shall be sterilized after the contact or otherwise appropriately disposed of to insure the infection is not spread.

 

          NEW SECTION.  Sec. 34.    All public and private facilities that accept direct blood, semen, or organ donations, with or without recompense to the donor and for any purpose, shall test or have tested the blood, semen, or organ for the presence of AIDS, pre-AIDS, or the AIDS antibody.  The results of such tests, positive or negative, shall be reported to the local health officer.  The person in charge of the facility has a duty to immediately submit a report in writing to the local health officer regarding any donors whose blood, semen, or organ contains AIDS, pre-AIDS, or the AIDS antibody.  Any person desiring a directed donation (the exclusive use of the donor's own blood, semen, or organ as donated for a specific individual or use, or for storage to be held for a later specified use) shall inform the facility of the donor's intent to make a directed donation.  The person in charge of the facility shall accept a directed donation and has the duty to insure that the donor's own blood, semen, or organ as donated will be held and used exclusively for the use specified by the donor.  Thirty days prior to the expiration date of the donation, the facility shall notify the donor of the expiration date, in writing, and shall request the donor to release the donation for a credit of equal kind or amount.  Release by the donor of a directed donation shall be in writing, dated, and signed by the donor.  No blood, semen, or organ shall be used in any case until it is confirmed the AIDS retro-virus, pre-AIDS, or the AIDS antibody is not present, unless the recipient signs a waiver assuming all liability for becoming infected with AIDS, pre-AIDS, or the AIDS antibody if infection occurs as a result of use by the recipient.

 

          NEW SECTION.  Sec. 35.    All persons being tested for any disease specifically named in chapter 248-100 WAC, or for any sexually transmitted diseases (STD'S), shall also be tested for AIDS, pre-AIDS, or the AIDS antibody.  It is the duty of the attending physician or medical personnel to insure testing occurs and that a report is immediately submitted to the local health officer regarding those persons infected with AIDS, pre-AIDS, or the AIDS antibody.

 

          NEW SECTION.  Sec. 36.    All persons, male or female, arrested for prostitution or reasonably suspected of being a prostitute, shall submit to an examination for AIDS, pre-AIDS, or the AIDS antibody.  The local health officer may, as the officer deems necessary to protect the public health, detain or isolate any person suspected of having AIDS until results of necessary examinations have been obtained and the diagnosis has been confirmed or ruled out.

 

          NEW SECTION.  Sec. 37.    All persons presently being held or detained, or to be held or detained in the future in any public or private detention facility, with or without a court order, to include, but not limited to, the following:  Any mental health hospital or clinic, jail, prison or half-way house, juvenile center or home shall submit to an examination for AIDS, pre-AIDS, or the AIDS antibody.  All persons found to be infected with AIDS shall be securely isolated in the detention facility under the procedures listed above.  The supervisor of the facility shall immediately submit a report to the state or local health officer regarding any person found to be infected with AIDS, pre-AIDS, or the AIDS antibody.

 

          NEW SECTION.  Sec. 38.    All persons found to be infected with  pre-AIDS or the AIDS antibody shall submit to an examination every year to test for AIDS.  A report of the results of the examinations will be immediately submitted to the state health officer.

 

          NEW SECTION.  Sec. 39.    No laboratory, physician, or other person shall issue to any individual a certificate, statement, or report that states or implies that the individual is free from AIDS, with the exception of those certificates issued by a health officer and filed with the appropriate agency or person for purposes of this chapter.  No individual shall carry or use such a certificate, statement, or report, verified or not, in any case for the purpose of soliciting sexual contact.

 

          NEW SECTION.  Sec. 40.    Appropriate public health intervention is essential to interrupting the epidemic among the people of the state.  Development of an effective treatment for AIDS cannot be assured in the near future and diagnosis and control of the epidemic is severely complicated by the incubation period which can range up to years.  Therefore, in view of the compelling uncertainties surrounding AIDS, no person shall be required, by law or otherwise, to employ, serve, treat, aid, or provide housing for persons infected with AIDS or suspected of having AIDS.  These persons shall be excused and exempt from employing, serving, treating, aiding, or providing housing to the infected or suspect persons if they are not personally satisfied that their own health or the health of others under their care or supervision is adequately protected.  The excused and exempt persons shall not be threatened, demoted, fired, or otherwise punished, or discriminated against, by law or, in any way for their excused actions.  The presence of AIDS shall not be considered as the presence of a sensory, mental, or physical handicap for purposes of any chapter of the Revised Code of Washington.  A political entity shall not declare or recognize any person to be free from discrimination because of the presence of AIDS.

 

          NEW SECTION.  Sec. 41.    The local health officer shall have the duty to provide public notice of all persons who are carriers of AIDS and who are domiciled or employed in the officer's jurisdiction by publishing a notice in a newspaper of general circulation within the jurisdiction.  The health officer shall also provide direct notice to the members of the carrier's household, all known family members, all neighbors within a two block radius, and to the carrier's employer.  If these persons are not located in the officer's jurisdiction then the state health officer shall assist in notification.  All notices shall contain the infected person's full name and state that the person has acquired immune deficiency syndrome (AIDS).

 

          NEW SECTION.  Sec. 42.    Epidemiological surveillance of the occurrence of AIDS has demonstrated that the major risk behavior associated with AIDS is high risk sexual activities to include, but not limited to, the following:  Anal intercourse (buggery) and oral intercourse (fellatio).  Places used as facilities for engaging in high risk sexual activities and persons engaging in such activities are regarded as constituting a public health nuisance dangerous to the public health.  All persons shall refrain from all high risk sexual activities.  All persons participating in or reasonably suspected of participating in high risk sexual activities such as anal intercourse (buggery), oral intercourse (fellatio), rimming (oral/anal contact), scat (eating feces), or watersports (urinating on another or being urinated on), shall submit to an examination for AIDS, pre-AIDS, or the AIDS antibody.  A report of the results of the examination shall immediately be sent to the state and local health officers if the person is infected with AIDS, pre-AIDS, or the AIDS antibody.  The person shall be ordered by the local health officer to refrain, and the person shall refrain from all high risk sexual activity under penalty of law.  If the person refuses to obey the order or if the local health officer has reasonable cause to believe the person is refusing to obey the order, the health officer may apply to the superior court for an order and the court shall issue said order requiring the person to comply with the order of the local health officer.  No person, political entity, or organization shall make or allow any facility to be available for use by any persons for engaging in high risk sexual activities.  The local health officer shall close any such facilities constituting a public nuisance.

 

          NEW SECTION.  Sec. 43.    All persons participating in, or reasonably suspected of participating in unauthorized or illegal intravenous drug use shall submit to an examination for AIDS, pre-AIDS, or the AIDS antibody.  A report shall immediately be submitted to the local health officer regarding those persons infected with AIDS, pre-AIDS, or the AIDS antibody.

 

          NEW SECTION.  Sec. 44.    The following instructions shall be read and explained to each person declared to be infected with AIDS, after which the person shall sign an agreement to the effect that he or she understands and will abide by these instructions.

 

Instructions to carriers of Acquired Immune Deficiency Syndrome (AIDS).

Name!w.

Age!w.

Address!w.

Examination of a specimen of .......... submitted by you on ... made by the .......... Laboratory shows that you are a carrier of AIDS.  This means that unless you observe the precautions described hereafter, other persons are liable to contact AIDS from you.  Therefore, in order to prevent the infection of others and to protect your own health it is essential that you, and you are so required to, carefully and continuously abide by the following instructions:

(1) You are not to engage with any other person, male or female, in high risk sexual activities such as anal intercourse (buggery), oral intercourse (fellatio, cunnilingus), rimming (oral/anal contact), scat (eating feces), or watersports (urinating on another or being urinated on).

(2) You are not to engage in any unauthorized or illegal intravenous drug use or any acts of prostitution.

(3) You are not to donate your blood, semen, or organs with or without recompense, for any purpose.

(4) You are not to knowingly exchange with any other person, in any way, your bodily fluids to include blood, semen, urine, saliva, tears, sweat, or mucouses.

(5) You are not to engage in any employment with any private or public school, day care center, or foster care program that might bring you into direct contact with students or children and you shall not be involved in the intimate care of any child not already infected with AIDS.

(6) You are not to engage in any employment that involves direct contact with the public, that requires a health department certificate, license, or permit, or that occurs in a facility that is subject to a sanitary inspection.

(7) You are not to have any part in the preparation, serving or handling of any food or beverage which may be consumed by any person other than yourself.  You are not to participate in the management or employment of any boarding house, restaurant, food store, or any other place where food or beverage is prepared or served, nor are you to reside on the premises of any such food handling establishment.

(8) You are to wash your hands thoroughly with soap and water after using the toilet.

(9) You are to submit to any isolation measures instituted by the state or local health officer and you are to comply with all mandatory precautions established by the officer.

(10) You are to notify the local health officer at once of any contemplated travel or move outside the officer's jurisdiction and you shall not do so without his written approval.

(11) You are to keep the local health officer informed at all times of your address and occupation, if applicable, and to notify the health officer at once of any contemplated change in address or occupation, if applicable.

(12) You are to communicate with the health officer before submitting to any type of treatment intended for the cure or relief of AIDS.

(13) You are to report to the health officer immediately any cases of illness suggestive of AIDS in your family or among your immediate associates or contacts.

(14) You are not to use any public conveyance or public restroom.

I hereby acknowledge receipt and explanation of the above instructions, and understand and will comply with said instructions.

!tp1,1 !tl!w.

!tl(signature!sc ,1of!sc ,1infected!sc ,1person)

The above instructions were read, explained and given to the above named carrier on this date,!w.,

!tn3!tj1!tl(month, day, year)

by:!w.

Health Officer (signature)

!sc.,20

Health Department

 

          The above form shall be completed, read, and explained to the infected person, following which the infected person is to sign the agreement in triplicate, witnessed by the person who has given the instructions.  One copy of the signed instructions is to be mailed to the state epidemiologist, one copy is to be retained by the infected person, and the third copy is to be retained by the local health department.

 

          NEW SECTION.  Sec. 45.    The local health officer or the officer's authorized representative shall visit each infected person at least once during each three-month period (calendar quarter) to check on the address, occupation, if applicable, and other activities of the carrier, and to determine if all instructions are being carried out.  A report of such investigation shall be forwarded to the state department of health.  If the state or local health officer shall deem it necessary to provide for the public safety, the officer shall isolate the infected person in a more appropriate place with respect to any changed circumstances.

 

          NEW SECTION.  Sec. 46.    The state health officer shall appoint a state health coordinator to assist him or her in the performance of his or her duties under this chapter.  The state board of health shall make rules and issue orders as it deems proper and necessary in accordance with, and for the furtherance of this chapter.

 

          NEW SECTION.  Sec. 47.    Every person who shall expose, or cause to be exposed, any other person to AIDS, with or without the other person's knowledge or consent, whether or not the other person does or does not acquire AIDS, shall be guilty of a crime under chapter 9A.36 RCW (assault).  For purposes of applying this section, the bodily excretions or secretions, including but not limited to blood, semen, saliva, urine, and feces, containing the AIDS retro-virus shall be considered a deadly weapon as defined in RCW 9A.04.110(6), as a substance readily capable of causing death or serious bodily injury.

 

          NEW SECTION.  Sec. 48.    Every person who shall expose, or cause to be exposed, any other person to AIDS, with or without the other person's knowledge or consent, and when the other person acquires AIDS and dies from the exposure and acquisition, shall be guilty of a crime under chapter 9A.32 RCW (homicide), with the exception that death may occur at any time within ten years.  For purposes of applying this section, the bodily excretions or secretions, including but not limited to blood, semen, saliva, urine, and feces, containing the AIDS retro-virus shall be considered a deadly weapon as defined in RCW 9A.04.110(6) as a substance readily capable of causing death or serious bodily injury.

 

          NEW SECTION.  Sec. 49.    Any individual, group, organization, agency, corporation, association, partnership, or any political entity refusing or neglecting to comply with, or otherwise violating any of the provisions of this chapter, shall be guilty of a misdemeanor, unless otherwise provided for, and upon conviction shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars, or by both imprisonment and fine.  Each violation that occurs under any section of this chapter shall be considered a separate violation.  For purposes of RCW 9.94A.310, all penalties imposed under this section shall be rated a seriousness score of I.

 

          NEW SECTION.  Sec. 50.    Any person who, directly or by means of any other person, violates any of the provisions of this chapter shall be subject to legal action for damages, brought by any other person claiming that a violation of this statute has injured his or her person.  A person so injured shall be entitled to all actual damages, including physical and mental pain and suffering endured by him or her on account of any violation of this chapter, including attorney fees and other costs of litigation.

 

          NEW SECTION.  Sec. 51.    All fines recovered under this chapter shall be paid into the state treasury general fund for use in maintaining a hospice and for the cost of any testing or isolation for the infection of AIDS charged to the state.  All funds required to be expended by the state under this chapter shall come from the general fund and from the receipt of any fines recovered under this chapter.

 

          NEW SECTION.  Sec. 52.    To assist the state in fulfilling its purposes and duties under this chapter and to express a unified demonstration of compassion by both the public and private sectors towards those persons with AIDS, the legislature requests and encourages private enterprise to establish group homes for congregate health care, and home health service agencies to provide for residential care assistance and to begin or continue research and development towards a cure and immunization for AIDS.

 

          NEW SECTION.  Sec. 53.    If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

 

          NEW SECTION.  Sec. 54.    Sections 1 through 53 of this act shall constitute a new chapter in Title 70 RCW.

 

          NEW SECTION.  Sec. 55.    This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.