WSR 04-13-157



[ Filed June 23, 2004, 9:45 a.m. ]

Subject of Possible Rule Making: During the 2004 legislative session, ESHB 3081 passed, adding a new section to chapter 74.13 RCW and is now chapter 40, Laws of 2004. As a result, the Department of Health (DOH) is to define "bloodborne pathogen" by rule. The Department of Social and Health Services (DSHS) may test children under one year of age placed in out-of-home care for bloodborne pathogens as defined by DOH.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 74.13 RCW, chapter 40, Laws of 2004.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The legislation aims to ensure the well-being of infants in out-of-home care and the families providing for their care by establishing the following. Upon placement of children under one year of age into out-of-home care, DSHS will inform each out-of-home care provider if an infant is infected with a bloodborne pathogen as defined by DOH. DSHS will identify the pathogen if known by the department. All out-of-home care providers are to receive training related to bloodborne pathogens, including prevention, transmission, infection control, treatment, testing, and confidentiality.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: DSHS and the State Board of Health both regulate this subject and will be kept informed and invited to participate in the rule-making and report development process.

Process for Developing New Rule: Collaborative rule making.

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

June 14, 2004

M. C. Selecky


Legislature Code Reviser 


Washington State Code Reviser's Office