HOUSE BILL REPORT

HB 1353

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported by House Committee On:

Health Care & Wellness

Title: An act relating to infectious disease testing for good samaritans.

Brief Description: Requiring free infectious disease testing for good samaritans.

Sponsors: Representatives Robinson, Riccelli, Rodne, Bergquist, Moscoso and Gregerson.

Brief History:

Committee Activity:

Health Care & Wellness: 2/10/15, 2/13/15 [DPS].

Brief Summary of Substitute Bill

  • Requires a local health department to provide free infectious disease testing to a good Samaritan regardless of his or her insurance coverage, as well as to the source patient.

  • Permits testing of the source patient without his or her consent if the exchange of bodily fluids significantly increases the odds of the good Samaritan being exposed to a deadly infectious disease.

HOUSE COMMITTEE ON HEALTH CARE & WELLNESS

Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 15 members: Representatives Cody, Chair; Riccelli, Vice Chair; Schmick, Ranking Minority Member; Harris, Assistant Ranking Minority Member; Caldier, Clibborn, DeBolt, Jinkins, Johnson, Moeller, Robinson, Rodne, Short, Tharinger and Van De Wege.

Staff: Alexa Silver (786-7190).

Background:

A good Samaritan is a person who renders emergency care or transportation without expectation of compensation. A good Samaritan is entitled to request and receive appropriate infectious disease testing free of charge from the local health department in the county of his or her residence if: (1) while rendering emergency care, he or she came into contact with bodily fluids; and (2) he or she does not have health insurance that covers the testing.

A local health department is not required to provide health care services beyond testing. The information obtained from the testing is subject to statutory confidentiality provisions.

By rule, to receive free testing there must have been an exchange of bodily fluids that significantly increases the odds of being exposed to a deadly infectious disease, and the good Samaritan must request the testing within 30 days. The local health department determines the diseases for which it is appropriate to test the good Samaritan.

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Summary of Substitute Bill:

A local health department must provide free infectious disease testing to a good Samaritan regardless of whether he or she has health insurance covering the testing.

In addition, the local health department must provide free testing of the source patient to guide post-exposure prophylaxis treatment of the good Samaritan. The source patient may be tested without his or her consent if the exchange of bodily fluids significantly increases the odds of the good Samaritan being exposed to a deadly infectious disease.

Substitute Bill Compared to Original Bill:

The substitute bill permits testing of the source patient without his or her consent if the exchange of bodily fluids significantly increases the odds of the good Samaritan being exposed to a deadly infectious disease.

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Appropriation: None.

Fiscal Note: Available.

Effective Date of Substitute Bill: The bill takes effect 90 days after adjournment of the session in which the bill is passed.

Staff Summary of Public Testimony:

(In support) This bill came from a doctor who acted as a good Samaritan, and who, as a result, wanted to increase the availability of infectious disease testing. It closes a gap for a small number of people who are not currently eligible for free testing when they act as a good Samaritan. It passed unanimously out of the House last year.

(Opposed) None.

Persons Testifying: Representative Robinson, prime sponsor; and Sean Graham, Washington State Medical Association.

Persons Signed In To Testify But Not Testifying: None.