WSR 99-20-062

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed October 1, 1999, 4:08 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: No cost testing of good samaritans for certain infectious diseases.

Purpose: Implements chapter 391, Laws of 1999 which requires the department to develop rules to ensure that eligible good samaritan's can receive no cost testing for certain infectious diseases.

Statutory Authority for Adoption: Chapter 391, Laws of 1999.

Statute Being Implemented: Chapter 391, Laws of 1999.

Summary: This rule establishes qualifications for good samaritans to receive no cost testing for certain infectious diseases at local health departments and establishes procedures for local health officials to determine the testing and other services that must be provided.

Reasons Supporting Proposal: This rule implements a statutory mandate for the testing.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: John F. Peppert, Box 47840, Olympia, WA 98504-7840, (360) 236-3427.

Name of Proponent: Washington State Department of Health, Community and Family Health, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The rule establishes qualifications for good samaritans to receive no cost testing for certain infectious diseases at local health departments and establishes procedures for local health officials to determine the testing and other services that must be provided. These regulations are proposed to ensure eligible good samaritans can receive testing for certain infectious diseases at no cost to the good samaritan. The effect of the rule is to assist individuals in emergency situations who perform a needed and valuable role no cost infectious disease testing.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule is exempt from RCW 19.85.025(3) because it qualifies for an exemption under RCW 34.05.310(4) the content of the rule is specifically dictated by statute.

RCW 34.05.328 does not apply to this rule adoption. This rule does not subject a person to a penalty or sanction; does not establish, alter or revoke a qualification or standard for licensure; and does not make significant amendment to a policy or regulator program. This rule creates a process for local health officials and local jail administrators to implement the requirements of chapter 391, Laws of 1999.

Hearing Location: Building 9, New Market Vocational Park, Cleanwater Lane, Tumwater, Washington, on November 9, 1999, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Harla Eichenberger by November 1, 1999, TDD (800) 833-6388, or (360) 236-3424.

Submit Written Comments to: John Peppert, fax (360) 236-3400, by November 5, 1999.

Date of Intended Adoption: November 12, 1999.

October 1, 1999

Eric Slagle

for Mary C. Selecky

Secretary

OTS-3362.2

Chapter 246-138 WAC

TESTING OF GOOD SAMARITANS FOR CERTAIN INFECTIOUS DISEASES


NEW SECTION
WAC 246-138-001
Purpose.

The purpose of this rule is to ensure eligible good samaritans may receive testing for certain infectious diseases at no cost to the good samaritan.

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NEW SECTION
WAC 246-138-010
Definitions.

The following definitions apply throughout this chapter unless the context clearly indicates otherwise.

(1) "Certain infectious diseases" means hepatitis A virus (HAV), hepatitis B virus (HBV), hepatitis C virus (HCV), and human immunodeficiency virus (HIV).

(2) "Good samaritan" means a person rendering emergency care or transportation as described in RCW 4.24.300 and 4.24.310.

(3) "Local health department" means the city, town, county, or district agency providing public health services to persons within the area, as provided in chapters 70.05 and 70.08 RCW.

(4) "Local health officer" means the individual appointed under chapter 70.05 RCW as the health officer for the local health department, or appointed under chapter 70.08 RCW as the director of public health of a combined city-county health department.

(5) "Exchange of bodily fluids significantly increasing the odds of being exposed to a deadly infectious disease" or "exposure to infectious disease":

(a) For HBV, HCV, and HIV means physical contact resulting in exposure presenting possible risk, limited to:

(i) A physical assault upon the exposed person involving blood or semen;

(ii) Intentional, unauthorized, nonconsensual use of needles or sharp implements to inject or mutilate the exposed person;

(iii) An accidental parenteral or mucous membrane or nonintact skin exposure to blood, semen, or vaginal fluids; or

(iv) For HBV only, mucous membrane or nonintact skin exposure to saliva; or

(b) For HAV means physical contact resulting in oral exposure of the good samaritan to the feces of the person she/he was assisting.

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NEW SECTION
WAC 246-138-020
How is a good samaritan eligible for no cost testing for certain infectious diseases?

To receive no cost testing, a good samaritan must:

(1) Seek testing from the local health department of the county of her or his residence within thirty days of the exposure to infectious disease;

(2) Have sustained an exposure to infectious disease as determined by the local health officer or authorized representative, while rendering emergency care or transportation; and

(3) Be uninsured or have health insurance that does not cover most of the costs of testing.

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NEW SECTION
WAC 246-138-030
What are the duties and responsibilities of the local health department?

Local health departments, during regular hours of operation shall:

(1) Determine whether the good samaritan has sustained an exposure to infectious disease;

(2) Determine which certain infectious diseases or other infectious diseases are appropriate to test for, which tests should be done and when the tests should be done, based on the nature and time of the exposure to infectious disease and the natural history of infection for the diseases in question;

(3) Offer counseling and testing, consistent with recommendations in the sixteenth edition 1995 of Control of Communicable Diseases Manual, edited by Abram S. Benenson, published by the American public health association, for those infectious diseases to which the good samaritan is determined to have sustained an exposure to infectious disease;

(4) Obtain the informed consent of the good samaritan prior to testing;

(5) Provide the good samaritan with the results of the testing and the possible need for retesting;

(6) Refer the good samaritan to an appropriate health care provider for any subsequent needed care in the event of a positive test; and

(7) Maintain the confidentiality of those medical records as required by chapters 70.24 RCW and 246-100 WAC.

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NEW SECTION
WAC 246-138-040
Limitations.

Nothing in this chapter requires a local health department to provide health care services beyond the counseling, testing, and referral described in this chapter.

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