WSR 03-09-066

EXPEDITED RULES

STATE BOARD OF HEALTH


[ Filed April 15, 2003, 9:14 a.m. ]

Title of Rule: WAC 246-100-036 Responsibilities and duties -- Local health officers.

Purpose: Clarify and correct reference in WAC 246-100-006(3) to 17th edition, 2000 of the Control of Communicable Disease Manual, published by the American Public Health Association (APHA). Manual provides guidance to local health officers on conducting disease investigations and instituting disease control measures.

Statutory Authority for Adoption: RCW 43.20.050.

Summary: Corrects edition number and publication year cited so rule references currently available edition of Control of Communicable Disease Manual.

Reasons Supporting Proposal: Rule currently references nonexistent publication and could confuse efforts to respond to a public health emergency.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Craig McLaughlin, 1102 S.E. Quince Street, P.O. Box 47990, Olympia, WA 98504, (360) 236-4106.

Name of Proponent: Washington State Board of Health, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Recently drafted rule revision anticipated the 2002 publication of new, 18th edition of the Control of Communicable Disease Manual by APHA. APHA now anticipates the 18th edition will be published in 2004 or 2005. Change would correctly cite the current 17th edition.

Proposal Changes the Following Existing Rules: Changes edition of manual cited in WAC 246-100-036(3).

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Craig McLaughlin, State Board of Health, 1102 S.E. Quince Street, P.O. Box 47990, Olympia, WA 98504-7990 , AND RECEIVED BY June 24, 2003.


March 18, 2003

Don Sloma

Executive Director

OTS-6304.1


AMENDATORY SECTION(Amending WSR 03-05-048, filed 2/13/03, effective 2/13/03)

WAC 246-100-036   Responsibilities and duties -- Local health officers.   (1) The local health officer shall establish, in consultation with local health care providers, health facilities, emergency management personnel, law enforcement agencies, and any other entity he or she deems necessary, plans, policies, and procedures for instituting emergency measures necessary to prevent the spread of communicable disease or contamination.

(2) Local health officers shall:

(a) Notify health care providers within the health district regarding requirements in this chapter;

(b) Ensure anonymous HIV testing is reasonably available;

(c) Make HIV testing, AIDS counseling, and pretest and post-test counseling, as defined in this chapter, available for voluntary, mandatory, and anonymous testing and counseling as required by RCW 70.24.400;

(d) Make information on anonymous HIV testing, AIDS counseling, and pretest and post-test counseling, as described under WAC 246-100-208 and 246-100-209, available;

(e) Use identifying information on HIV-infected individuals provided according to chapter 246-101 WAC only:

(i) For purposes of contacting the HIV-positive individual to provide test results and post-test counseling; or

(ii) To contact persons who have experienced substantial exposure, including sex and injection equipment-sharing partners, and spouses; or

(iii) To link with other name-based public health disease registries when doing so will improve ability to provide needed care services and counseling and disease prevention; and

(f) Destroy documentation of referral information established in WAC 246-100-072 and this subsection containing identities and identifying information on HIV-infected individuals and at-risk partners of those individuals immediately after notifying partners or within three months, whichever occurs first.

(3) Local health officers shall, when necessary, conduct investigations and institute disease control and contamination control measures, including medical examination, testing, counseling, treatment, vaccination, decontamination of persons or animals, isolation, quarantine, vector control, condemnation of food supplies, and inspection and closure of facilities, consistent with those indicated in the ((18th)) 17th edition, ((2002)) 2000 of the Control of Communicable Disease Manual, published by the American Public Health Association, or other measures he or she deems necessary based on his or her professional judgment, current standards of practice and the best available medical and scientific information.

(4) A local health department may make agreements with tribal governments, with federal authorities or with state agencies or institutions of higher education that empower the local health officer to conduct investigations and institute control measures in accordance with WAC 246-100-040 on tribal lands, federal enclaves and military bases, and the campuses of state institutions. State institutions include, but are not limited to, state-operated colleges and universities, schools, hospitals, prisons, group homes, juvenile detention centers, institutions for juvenile delinquents, and residential habilitation centers.

[Statutory Authority: RCW 43.20.050 (2)(d), 70.05.050, and 70.05.060. 03-05-048, 246-100-036, filed 2/13/03, effective 2/13/03. Statutory Authority: RCW 43.20.050. 00-23-120, 246-100-036, filed 11/22/00, effective 12/23/00. Statutory Authority: RCW 70.24.125 and 70.24.130. 99-17-077, 246-100-036, filed 8/13/99, effective 9/1/99. Statutory Authority: RCW 70.24.022, [70.24].340 and Public Law 104-146. 97-15-099, 246-100-036, filed 7/21/97, effective 7/21/97. Statutory Authority: RCW 43.20.050 and 70.24.130. 92-02-019 (Order 225B), 246-100-036, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as 246-100-036, filed 12/27/90, effective 1/31/91. Statutory Authority: Chapter 70.24 RCW. 89-02-008 (Order 324), 248-100-036, filed 12/27/88. Statutory Authority: RCW 43.20.050. 88-07-063 (Order 308), 248-100-036, filed 3/16/88.]

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