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ENGROSSED SENATE BILL 6158
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State of Washington 53rd Legislature 1994 Regular Session
By Senators Talmadge, Moyer, Wojahn and McAuliffe; by request of Department of Health
Read first time 01/14/94. Referred to Committee on Health & Human Services.
AN ACT Relating to tuberculosis; and adding new sections to chapter 70.28 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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) 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 only to the minimum level of 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from any involuntary detention, testing, treatment, or isolation as soon as the health officer determines the patient no longer represents a risk to the public's health;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) If the board has not adopted rules under subsection (1) of this section by July 1, 1994, the secretary of the department of health shall have authority to adopt such rules.
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