6158.E AMH HC HAGE 1

ESB 6158 - H COMM AMD ADOPTED 03/02/94

By Committee on Health Care

     On page 1, strike everything after the enacting clause and insert

     "NEW SECTION. Sec. 1.  A new section is added to chapter 70.28 RCW to read as follows:

     (1) Tuberculosis has been and continues to be a threat to the public's health in the state of Washington.

     (2) While it is important to respect the rights of individuals, the legitimate public interest in protecting the public health and welfare from the spread of a deadly infectious disease outweighs incidental curtailment of individual rights that may occur in implementing effective testing, treatment, and infection control strategies.

     (3) To protect the public's health, it is the intent of the legislature that local health officials provide culturally sensitive and medically appropriate early diagnosis, treatment, education, and follow-up to prevent tuberculosis.  Further, it is imperative that public health officials and their staff have the necessary authority and discretion to take actions as are necessary to protect the health and welfare of the public, subject to the constitutional protection required under the federal and state Constitutions.  Nothing in this chapter shall be construed as in any way limiting the broad powers of health officials to act as necessary to protect the public health.

NEW SECTION. Sec. 2.  A new section is added to chapter 70.28 RCW to read as follows:

     (1) The state board of health shall adopt rules establishing the requirements for:

     (a) Reporting confirmed or suspected cases of tuberculosis by health care providers and reporting of laboratory results consistent with tuberculosis by medical test sites;

     (b) Due process standards for health officers exercising their authority to involuntarily detain, test, treat, or isolate persons with suspected or confirmed tuberculosis under RCW 70.28.031 and 70.05.070 that provide for release from any involuntary detention, testing, treatment, or isolation as soon as the health officer determines the patient no longer represents a risk to the public's health;

     (c) Training of persons to perform tuberculosis skin testing and to administer tuberculosis medications.

     (2) Notwithstanding any other provision of law, persons trained under subsection (1)(c) of this section may perform skin testing and administer medications if doing so as part of a program established by a state or local health officer to control tuberculosis.

     (3) The board shall adopt rules under subsection (1) of this section by December 31, 1994."