H-2107              _______________________________________________

                                                   HOUSE BILL NO. 1219

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representative Fuhrman

Read first time 3/20/87 and referred to Committee on Health Care.

AN ACT Relating to AIDS testing; adding a new chapter to Title 70 RCW; and declaring an emergency.

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

NEW SECTION. Sec. 1.     This act is necessary for the immediate preservation of the public peace, health, morals, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.

NEW SECTION. Sec. 2.     All persons filing for a marriage license, all persons seeking prenatal care, and all persons admitted to any health care facility shall submit to an examination for AIDS, pre-AIDS, or the AIDS antibody.  The director of the appropriate licensing agency and the attending physician of the pregnant female or the person admitted shall insure the examination occurs and a written report is immediately filed with the local health officer regarding any person tested who is infected with AIDS, pre-AIDS, or the AIDS antibody.

          As used in this section, "health care facility" means any building or structure in which health care services are provided, including but not limited to the following:  Hospitals, psychiatric hospitals, nursing homes, health care clinics, emergency medical centers, and any home health agency or service.

NEW SECTION. Sec. 3.     All persons, male or female, arrested for prostitution, or reasonably suspected of being a prostitute, shall submit to an examination for AIDS, pre-AIDS, or the AIDS antibody.  A written report shall immediately be submitted to the local health officer regarding any person tested who is infected with AIDS, pre-AIDS, or the AIDS antibody.

NEW SECTION. Sec. 4.     All persons participating in, or reasonably suspected of participating in unauthorized or illegal intravenous drug use shall submit to an examination for AIDS, pre-AIDS, or the AIDS antibody.  A written report shall immediately be submitted to the local health officer regarding any person tested who is infected with AIDS, pre-AIDS, or the AIDS antibody.

NEW SECTION. Sec. 5.     All persons being tested for any disease specifically named in chapter 248-100 WAC, or for any sexually transmitted diseases, shall also be tested for AIDS, pre-AIDS, or the AIDS antibody.  It is the duty of the attending physician or medical personnel to insure testing occurs and that a written report is immediately submitted to the local health officer regarding any person tested who is infected with AIDS, pre-AIDS, or the AIDS antibody.

NEW SECTION. Sec. 6.     All persons held or detained in any public or private detention facility, with or without a court order, including, but not limited to, any mental health hospital or clinic, jail, prison or half-way house, juvenile center or home, shall submit to an examination for AIDS, pre-AIDS, or the AIDS antibody.  All persons found to be infected with AIDS shall be securely isolated in the detention facility to prevent contact with uninfected persons.  The supervisor of the facility shall immediately submit a written report to the state or local health officer regarding any person found to be infected with AIDS, pre-AIDS, or the AIDS antibody.

NEW SECTION. Sec. 7.     The state or local health officer shall examine any person suspected of being infected with AIDS, pre-AIDS, or the AIDS antibody.  All such persons suspected of infection shall submit to the examination.  The local health officer may, as the officer deems necessary to protect the public health, detain or isolate any person suspected of having AIDS, pre-AIDS, or the AIDS antibody until results of necessary examinations have been obtained and the diagnosis has been confirmed or ruled out.

NEW SECTION. Sec. 8.     Any person who is questioned under this chapter shall answer correctly and fully to the best of the person's knowledge all questions put to him or her that assists in acquiring any information needed to verify or complete any report of a case of known or suspected AIDS, pre-AIDS, or the AIDS antibody, or to enable measures to be taken to prevent the spread of AIDS, pre-AIDS, or the AIDS antibody.

NEW SECTION. Sec. 9.     Sections 2 through 8 of this act shall constitute a new chapter in Title 70 RCW.