PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: WAC 246-100-207 (1)(a), Human immunodeficiency virus (HIV) testing. Amending the rule to clarify that consent of an individual for an HIV test may be obtained either verbally or in writing.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.24.380.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The existing rule uses the term "informed consent" to mean that the individual has been informed and has consented to, verbally or in writing, a test for HIV. "Informed consent" is a legal term of art and links "consent" to a form that is "signed." Using the two terms together may legally mean that the individual's consent must be obtained in writing. This conflicts with other language in the rule and the intent of the rule. The rule needs to be amended to eliminate confusing language in the rule, and to clarify that the consent may be obtain[ed] either verbally or in writing.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.
Process for Developing New Rule: Collaborative.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Interested parties may receive notices of rule-making activities by contacting Maria Courogen, Department of Health, P.O. Box 47844, Olympia, WA 98504-7844, phone (360) 236-3458, fax (360) 586-5440, e-mail maria.courogen@doh.wa.gov, or Tara Wolff, State Board of Health, P.O. Box 7990, Olympia, WA 98504-7990, phone (360) 236-4101, fax (360) 271-6497, e-mail Ann.wolff@doh.wa.gov [tara.wolff@doh.wa.gov].
July 18, 2012
Michelle A. Davis
Executive Director