H-1599              _______________________________________________

                                                   HOUSE BILL NO. 1043

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Wineberry, Niemi, Lux, Braddock and Brooks

Read first time 2/20/87 and referred to Committee on Health Care.

AN ACT Relating to the state board of health; and adding new sections to chapter 43.20 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     The identity of persons infected with any disease declared by the state board of health to be a reportable disease shall be confidential and shall not be disclosed to anyone except as medically necessary, on a case-by-case basis, to official agents and physicians charged with the enforcement of rules and regulations promulgated by the state board of health.

NEW SECTION. Sec. 2.     The state board of health shall not require health care providers or others to treat as a notifiable or reportable disease cases of infection with the causative agent or agents of Acquired Immune Deficiency Syndrome (AIDS), unless the case falls within the AIDS definitional group IV published by the centers for disease control.  Notwithstanding this restriction, after public hearing, the state board of health may require notification or reporting of cases of infection with the causative agent or agents of AIDS if it determines that the existence and availability of proven medical interventions that render infected persons noninfectious, or that control the progress or development of AIDS in such infected persons, constitute an overriding public health need to require such reportability.

NEW SECTION. Sec. 3.     Not less than every two years following the effective date of section 2 of this act, the state board of health shall determine whether an overriding public health need exists or is likely to exist in the near future to require the reportability of cases of infection with the causative agent or agents of AIDS, where such reportability otherwise would be restricted by sections 1 through 5 of this act.  If the state board of health determines that such a need exists or is likely to exist in the near future, it shall recommend to the legislature that the restriction on reportability created by section 2 of this act be modified appropriately, or be terminated.

NEW SECTION. Sec. 4.     Except as contained herein, nothing in section 2 of this act shall affect the powers of the state board of health under chapters 43.20 and 43.20A RCW to prevent and control disease.  Nothing contained in section 2 of this act shall prohibit health care providers, including mental health care providers, from soliciting advice or assistance from the state or local health officers as part of the management of cases of any infectious disease, including identification of infected persons.  Nor shall health authorities be restricted from requiring identification of persons who are reasonably suspected to be exposing other persons to a risk of contagion, if there is reason to believe that such other exposed persons are unaware that such risk of contagion exists.  Nor shall anything in section 2 of this act prevent public health authorities from taking appropriate and reasonable public health interventions in such cases.

NEW SECTION. Sec. 5.     Providing information required under section 4 of this act shall not create any liability on the part of the provider nor shall it constitute a breach of confidentiality.

NEW SECTION. Sec. 6.     Sections 1 through 5 of this act shall be added to chapter 43.20 RCW.