WSR 97-24-052

DEPARTMENT OF CORRECTIONS

[Filed November 26, 1997, 3:24 p.m.]

Reviser's note: The following material has not been adopted under the Administrative Procedure Act, chapter 34.05 RCW, but has been filed in the office of the code reviser and is published in the Register exactly as filed.

The following enclosed Department of Corrections WAC rules are new: WAC 137-100-001, 137-100-010, 137-100-020, 137-100-030. All are submitted for publication in the Register and the Washington Administrative Code. Pertinent information is as follows:

a. WAC 137-100-001, 137-100-010, 137-100-020, and 137-100-030 are new sections and are adopted as of October 24, 1997.

b. The effective date of these new rules is October 24, 1997.

c. I certify, pursuant to RCW 34.05.030c[(1)(c)], that the rules as stated above are internal to the management of offenders and correctional staff within the Department of Corrections and do not affect outside members of the public. These rules are, therefore, exempt from the APA.

d. The purpose of these rules is to bring the Department of Corrections into compliance with legislative requirements for health and safety of corrections staff by allowing timely disclosure of information pertaining to communicable disease within correctional institutions to staff who have been substantially exposed to these diseases.

e. These rules would ensure effective communication required between health officials and correctional administrators and implement requirements of chapter 345, Laws of 1997.

Joseph Lehman

Secretary

OCCUPATIONAL EXPOSURE TO HUMAN IMMUNOCDEFICIENCY VIRUS (HIV)

Reviser's note: The spelling error in the above caption occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

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.