FINAL BILL REPORT
2SSB 6221
C 206 L 88
BYSenate Committee on Ways & Means (originally sponsored by Senators Deccio, Kreidler, Johnson, Niemi, Smith, Wojahn, Zimmerman, Hayner, Vognild and Talmadge)
Modifying provisions relating to sexually transmissible diseases.
Senate Committee on Health Care & Corrections and Committee on Ways & Means
House Committe on Health Care
SYNOPSIS AS ENACTED
BACKGROUND:
Acquired immunodeficiency syndrome (AIDS) is a fatal disease transmitted by sexual contact and certain exposures to infected blood. The syndrome is characterized by a number of "opportunistic infections" which appear in persons from several weeks to several years after they have been infected with the human immunodeficiency virus (HIV) -- the cause of AIDS. Some 3 to 5 percent of those infected with HIV have developed AIDS during each year after they were infected.
Nationally, it is estimated that between 1 and 1-1/2 million persons may be infected with HIV. The number of AIDS cases is approaching 50,000.
In Washington, as of January 28, 1988, there were 735 persons diagnosed with AIDS, with estimates of 15,000 to 19,000 persons with HIV. Although Washington ranks 19th in population nationally, it ranks 12th in number of AIDS cases. It is estimated that by the end of 1991 the number of AIDS cases will approach 5,000 in Washington. The number with HIV will be some 30,000.
While at present over 75 percent of the AIDS cases are in the Seattle-King County area, the epidemic is rapidly spreading to other parts of the state. Two years ago, only four counties reported any AIDS cases. Presently, 27 counties have reported at least one case.
Due to the newness of the disease, there is no state policy on AIDS. Services are mostly limited to the Seattle-King County area. There is no state policy on AIDS education for students, health workers, private and public employees. Further, the state laws dealing with sexually transmitted diseases have not been significantly amended in modern times and do not meet contemporary standards.
SUMMARY:
A list of known sexually transmitted diseases (STD) including AIDS and HIV are added to statute. The Board of Health is authorized to add other STDs to the definition, when appropriate.
An office on AIDS is established within the Department of Social and Health Services (DSHS), which shall coordinate AIDS- related activities and administer all state and federal AIDS- related funding.
Information directed to the public regarding STDs shall give emphasis to the importance of sexual abstinence, sexual fidelity and the avoidance of substance abuse in controlling disease.
The Center for Voluntary Action is given the additional related responsibility of providing information about agencies and individuals working in the prevention and treatment of AIDS.
A state policy on AIDS education in common schools is established. It stresses that AIDS is a serious, life threatening disease, that preventing the disease involves sexual abstinence and avoidance of substance abuse, and that an active role of parents and locally elected school board officials in the development of education programs is crucial to AIDS prevention.
Each school district is required to develop an AIDS prevention, education program in consultation with educators, parents, and other community members. The Superintendent of Public Instruction (SPI) shall provide a model curriculum which shall be reviewed by the DSHS office on AIDS for medical accuracy. The office on AIDS shall approve any locally developed curricula for medical accuracy in consultation with local public health officers. However, school districts may file and use locally developed curricula, pending state approval, if they believe the curriculum is medically accurate. AIDS education shall be offered at least annually, beginning no later than the 5th grade. Parents shall be given reasonable opportunities to review the material before it is presented to their children. A student may be exempt from the AIDS education, upon the written request of the parents, if the parents have reviewed the material.
All publicly funded materials regarding STDs directed to children in the common schools must emphasize sexual abstinence outside lawful marriage.
The governing entities of colleges, universities, and vocational schools are required to make AIDS information available to new students.
The Department of Licensing (DOL), DSHS, all health professional boards, SPI and units of local government are directed to establish training and education requirements for the professionals they certify and/or license.
AIDS testing and counseling are defined. Persons convicted of sex offenses, persons convicted of crimes involving the use of hypodermic needles, and those convicted of promoting, soliciting, or performing acts of prostitution shall be tested and counseled upon sentencing. Law enforcement officers, fire fighters, health care providers and other groups of employees as determined by the Board of Health in rule may request testing and counseling of those to whose bodily fluids they have been substantially exposed. If local public health officers find the exposure to be substantial, they must perform the tests. However, those ordered to be tested because their bodily fluids have been substantially exposed to others have the right to contest such orders according to normal standards of due process.
Department of Corrections administrators are given the authority to test an inmate if his or her behavior poses a risk to the public safety or to other inmates. However, the administrators making these determinations must receive AIDS training. Local public health officers must approve HIV testing of jail inmates using the same standards as tests for the general public.
The Secretary of Corrections is directed to report to the Legislature by January 1, 1989 on the need for an AIDS-related segregation policy for state corrections facilities.
Health care professionals attending pregnant women must assure that AIDS counseling has been provided, and all persons in state certified drug treatment programs or arrested for prostitution or drug offenses must be counseled.
Six Regional AIDS service networks covering the state and conforming in boundaries to DSHS regions are to be established by October 1, 1988. The most populace county in each region is designated as the lead county. Lead counties, in consultation with other counties, are responsible for coordinating a comprehensive range of AIDS education, counseling, testing and other services in each region.
Seventy-five percent of the appropriation to the regional AIDS service networks will be allocated for counseling, testing, education, notification of sexual partners of infected persons, planning and coordination, and case management services, to be allocated per capita, based on the general population in each region. Twenty-five percent of the appropriation for the regional networks will be allocated for intervention strategies with high risk groups based on regional plans. This funding formula is set to terminate in 1991, and DSHS is directed to recommend changes to it for legislative consideration in the 1991 legislative session.
The University of Washington may establish a center for AIDS education, and it shall be linked to the networks and the office on AIDS.
The governor shall appoint an advisory committee to assist the Secretary of DSHS in the implementation of AIDS programs. The committee is required to study related insurance issues and is set to terminate in 1991.
Regional AIDS services networks may authorize distribution of "appropriate materials" in the prevention or control of HIV infection.
Records regarding testing, counseling or treatment for STDs are confidential with limited exceptions. Anonymous reporting of HIV test results is required of all laboratories.
Local public health officers shall interview persons with STDs to determine their sexual partners and shall contact partners, pursuant to Board of Health rules. In notifying sexual partners of infected persons that they have been exposed to STDs, all efforts must be made to avoid disclosing the identity of the person who made the exposure.
Chapter 49.60 RCW is amended to direct the Human Rights Commission to treat claims of unfair practice allegedly based on "actual or perceived HIV status" in the same manner as any other claim of unfair practice allegedly based on any other handicapping condition. An exception is made for insurers where bona fide statistical differences in risk or exposure have been substantiated.
Employers who follow the provisions of the act and who adhere to regulations and guidelines regarding protecting the public and other employees from exposure in the workplace are exempt from civil or criminal liability.
Public health officers are given authority to address persons whose behavior is identified as a danger to public health. They may take as many of the following steps as necessary, in a serial fashion, to address the problem when the person in question does not wish to comply voluntarily: 1) order a person to submit to medical examination or testing or seek counseling, treatment, etc.; 2) order a person to cease and desist from specific behaviors or adhere to restrictions; or 3) detain a person for up to 90 days in an appropriate facility designated by the Board of Health. Throughout the involuntary aspects of this procedure, the person will be provided a full range of due process rights, including notice, counsel, and a jury trial if detained in excess of 14 days.
Persons detained under the act may seek a five-day continuance of the hearing to review their detention, or a ten-day continuance where more than a 14-day detention has been requested. In such cases, the person requesting the continuance may be subject either to continued detention, or to a court order restraining them from specific behavior.
Minimum claims for civil action by persons aggrieved by a violation of this chapter are established.
Administering, exposing, or infecting a person with HIV with intent to do bodily harm is designated a Class B felony.
It is unlawful (a misdemeanor) for persons with an STD, other than HIV, who know they are infected to have sexual intercourse with any other person, unless that person has been informed.
Any other violation of the STD statute (Chapter 70.24 RCW) as amended is a gross misdemeanor.
Antiquated sections of the 1919 STD statute are repealed.
VOTES ON FINAL PASSAGE:
Senate 39 10
House 95 3 (House amended)
Senate (Senate refused to concur)
House 93 3 (House amended)
Senate (Senate concurred in part)
House (House refused to recede)
Senate (Senate concurred in part)
House (House refused to recede)
Senate 34 11 (Senate concurred)
EFFECTIVE:March 23, 1988
July 1, 1988 (Sections 916 and 917)