PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: WAC 246-100-206 through 246-100-209, sexually transmitted diseases and HIV/AIDS counseling and testing standards; WAC 246-100-010 Communicable disease definitions; WAC 246-100-036 Responsibilities and duties -- Local health officers; WAC 246-100-072 Rules for notification of partners at risk of HIV infection; WAC 246-101-01 Notifiable conditions definitions; WAC 246-100-505 Duties of the local health officer or the local health department; WAC 246-100-520 and 246-100-635, Special conditions -- HIV and AIDS; and other changes to chapters 246-100 and 246-101 WAC as necessary.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.24.130, 43.20.050.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: When the 1988 AIDS omnibus law was enacted, it set out a national model for HIV/AIDS statutes and subsequent regulations. In the ensuing fifteen years there have been several major changes impacting public health practice with regard to this disease, including the introduction in the mid 1990s of effective drugs to suppress the progression of disease and recent evidence of increases in risk behaviors and HIV incidence. In addition there continue to be technological advances, such as rapid HIV tests, which were not anticipated when the original legislation was written. This rule review would improve the rules and regulations governing the testing, care and treatment of HIV/AIDS. It may also consider expanding rules to include other bloodborne pathogens such as hepatitis C.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The State Board of Health (SBOH) and the Department of Health (DOH) have rule-making authority under RCW 70.24.130. This rule will be developed in close collaboration between the two agencies. SBOH and DOH will also consult with the Department of Corrections (DOC), which has a large population with HIV and hepatitis, and with state agencies that purchase health care, namely DOC, the Department of Social and Health Services, the Health Care Authority, and Veterans Affairs. They will also involve state minority affairs commissions. Finally, they will work closely with the Centers for Disease Control and Prevention, whose new recommendations and guidelines for HIV counseling and testing that are inconsistent with current state policy.
Process for Developing New Rule: Collaborative rule making. The Board of Health and the Department of Health will work together and consult with interested parties to develop the proposed rule. In addition to working with the agencies identified above, the department and board will contact the medical, hospital, and public health associations, community-based organization, HIV and hepatitis advocacy organizations, organizations representing communities of color, local health officers, the AIDSNets, the Governor's Advisory Council on HIV/AIDS, legislative members and staffers, and other interested parties.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting John Peppert, Manager, HIV Prevention and Education Services, Washington State Department of Health, P.O. Box 47840, Olympia, WA 98504-7840, phone (360) 236-3427, fax (360) 236-3400, e-mail john.peppert@doh.wa.gov; or Craig McLaughlin, Senior Policy Manager, Washington State Board of Health, P.O. Box 47990, Olympia, WA 98504-7990, phone (360) 236-4106, fax (360) 236-4088, e-mail Craig.McLaughlin@doh.wa.gov.
September 24, 2003
Don Sloma
Executive Director