Date of Adoption: July 9, 2003.
Purpose: Clarify and correct reference in WAC 246-100-036 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. Recently adopted rules change cited incorrect edition number and year publication.
Citation of Existing Rules Affected by this Order: Amending WAC 246-100-036 Responsibilities and duties -- Local health officers.
Statutory Authority for Adoption: RCW 43.20.050.
Adopted under notice filed as WSR 03-09-066 on April 15, 2003.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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:
Pilot Rule Making:
or Other Alternative Rule Making:
Effective Date of Rule: Thirty-one days after filing.
August 12, 2003
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 ((
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
(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.]