WSR 97-22-028

EMERGENCY RULES

DEPARTMENT OF CORRECTIONS

[Filed October 29, 1997, 1:38 p.m.]

Date of Adoption: October 24, 1997.

Purpose: These rules are for the purpose of establishing procedures necessary to assure the effective communication required between health officials and correctional administrators in the event a correctional staff member is substantially exposed to the bodily fluids of an offender or detainee in the course of their official duties.

Statutory Authority for Adoption: Section 6, chapter 345, Laws of 1997.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The legislature has found that the health and safety of corrections staff are jeopardized when communicable disease information is not disclosed to such staff in a timely manner following a substantial exposure. These rules implement the requirements of chapter 345, Laws of 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Immediately.

October 24, 1997

Joseph D. Lehman

Secretary

Chapter 137-100 WAC


OCCUPATIONAL EXPOSURE TO HUMAN IMMUNODEFICIENCY VIRUS (HIV)

NEW SECTION

WAC 137-100-001 Purpose. The purpose of this chapter shall be to insure coordination of the provisions of SHB 1605, RCW 70.24.105, RCW 70.24.340, RCW 70.24.370 and chapter 72.09 RCW by the department of corrections and the department of health.

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NEW SECTION

WAC 137-100-010 Definitions. The following definitions shall apply in interpreting this chapter:

(1) Correctional staff member means a department of corrections employee, an individual providing services under contract to the department, and volunteers.

(2) Department means the department of corrections.

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NEW SECTION

WAC 137-100-020 Medical records available. The department will make available an offenders sexually transmitted disease status to any correctional staff member who has experienced a substantial exposure by that offender. Should such records be nondiscloseable, the department shall advise the correctional staff member of the process to receive that information. This process shall be facilitated by the health care manager or infection control coordinator.

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NEW SECTION

WAC 137-100-030 Request for test results - by correctional staff members. A request for test results shall be made in writing. At a minimum, the request shall include:

(1) Name of the person requesting the record;

(2) Nature of the exposure, including date and time;

(3) Name of the offender; and

(4) DOC number of the offender, if known.

The request shall be accompanied by a copy of the report of personal injury (form DOC 3-133) and a post-exposure incident report (DOC form 3-184) outlining the circumstances and results of the exposure incident.

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Legislature Code Reviser

Register

Washington State Code Reviser's Office