AN ACT Relating to sexually transmissible diseases; amending RCW 43.150.050, 28A.05.010, 70.24.050, 70.24.070, 70.24.080, 70.24.110, and 70.24.120; adding a new section to chapter 28A.05 RCW; adding a new section to chapter 28B.10 RCW; adding a new section to chapter 28B.50 RCW; adding a new section to chapter 28C.04 RCW; adding new sections to chapter 49.60 RCW; adding new sections to chapter 70.24 RCW; adding a new section to chapter 70.48 RCW; creating new sections; repealing RCW 70.24.010, 70.24.020, 70.24.030, 70.24.040, and 70.24.060; prescribing penalties; making an appropriation; providing an effective date; and declaring an emergency.

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

PART I

DEFINITIONS

NEW SECTION. Sec. 101. A new section is added to chapter 70.24 RCW to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:

(1) "Acquired immunodeficiency syndrome" or "AIDS" means the syndrome characteristic of people infected with the human immunodeficiency virus.

(2) "Board" means the state board of health.

(3) "Health care provider" means any person who is a member of a profession under RCW 18.130.040 or other person providing medical, nursing, psychological, or other health care services regulated by the department of licensing or the department of social and health services.

(4) "Health care facility" means a hospital, nursing home, child care agency, adult family home, group care facility, family foster home, clinic, blood bank, blood center, sperm bank, laboratory, or other social service or health care institution regulated or operated by the department of social and health services.

(5) "Human immunodeficiency virus" or "HIV" means all HIV and HIV-related viruses which damage the cellular branch of the human immune system and leave the infected person immunodeficient.

(6) "Test for a sexually transmissible disease" means a test approved by the board in rule.

(7) "Legal guardian" means a person appointed by a court to assume legal authority for another who has been found incompetent or, in the case of a minor, a person who has legal custody of the child.

(8) "Local health officer" means the officer directing the county health department or his or her designee.

(9) "Person" includes any natural person, partnership, association, joint venture, trust, public or private corporation, or health facility.

(10) "Release of test results" means a written authorization for disclosure of any sexually transmissible disease test result which is signed, dated, and which specifies to whom disclosure is authorized and the time period during which the release is to be effective. (11) "Sexually transmissible disease" means a bacterial, viral, fungal, or parasitic disease, determined by the board in rule to be sexually transmissible, to be a threat to the public health and welfare, and to be a disease for which a legitimate public interest will be served by providing for regulation and treatment. The board shall designate chancroid, gonorrhea, granuloma inguinale, lymphogranuloma venereum, genital herpes simplex, chlamydia, nongonnoccal urethritis (NGU), syphillis, acquired immunodeficiency syndrome (AIDS), and human immunodeficiency virus (HIV) as sexually transmissible diseases, and shall consider the recommendations and classifications of the centers for disease control and other nationally recognized medical authorities in designating other diseases as sexually transmissible. (12) "State health officer" means the secretary of social and health services or an officer appointed by the secretary.

PART II

SEXUAL ABSTINENCE

NEW SECTION. Sec. 201. A new section is added to chapter 70.24 RCW to read as follows:

Information directed to the general public and providing education regarding any sexually transmissible disease that is written, published, distributed, or used by any public entity, and all such information paid for, in whole or in part, with any public moneys shall give emphasis to the importance of sexual abstinence in controlling disease.

PART III

CENTER FOR VOLUNTARY ACTION

Sec. 301. Section 5, chapter 11, Laws of 1982 1st ex. sess. and RCW 43.150.050 are each amended to read as follows:

The center, working in cooperation with individuals, local groups, and organizations throughout the state, may undertake any program or activity for which funds are available which furthers the goals of this chapter. These programs and activities may include, but are not limited to:

(1) Providing information about programs, activities, and resources of value to volunteers and to organizations operating or planning volunteer programs;

(2) Sponsoring recognition events for outstanding individuals and organizations;

(3) Facilitating the involvement of business, industry, government, and labor in community service and betterment;

(4) Organizing, or assisting in the organization of, training workshops and conferences;

(5) Publishing schedules of significant events, lists of published materials, accounts of successful programs and programming techniques, and other information concerning the field of volunteerism, and distributing this information broadly;

(6) Reviewing the laws and rules of the state of Washington, and proposed changes therein, to determine their impact on the success of volunteer activities and programs, and recommending such changes as seem appropriate to ensure the achievement of the goals of this chapter;

(7) Providing information about and assistance to agencies and individuals who are working to prevent the spread of the human immunodeficiency virus, as defined in chapter 70.24 RCW, and to provide health and social services to persons with acquired immunodeficiency syndrome, as defined in chapter 70.24 RCW.

PART IV

AIDS EDUCATION IN THE COMMON SCHOOLS

NEW SECTION. Sec. 401. A new section is added to chapter 28A.05 RCW to read as follows:

(1) Acquired immunodeficiency syndrome (AIDS) prevention education shall be taught in the public schools of this state. AIDS prevention education shall be limited to the discussion of the disease AIDS and its spread and prevention. Students shall receive such education:

(a) At the option of the local school district, at least once during the fifth or sixth grades;

(b) At least once during the seventh, eighth, or ninth grades; and

(2) The office of the superintendent of public instruction shall develop curriculum and materials for AIDS prevention education in conjunction with the department of social and health services. A school district may also develop its own AIDS prevention education curriculum and materials. Any curriculum and materials developed for use in the public schools shall be approved for medical accuracy by the department of social and health services. A school district may use any curriculum and materials which have been developed and approved under this subsection.

(3) School districts shall make the curriculum and materials that will be used to teach AIDS prevention education available for inspection by the parents and guardians of the students that will be involved with the curriculum and materials. Furthermore, the curriculum shall only deal with factual medical information for AIDS prevention. The school districts, at least one month before teaching AIDS prevention education in any classroom, shall conduct for the parents and guardians of the students involved during weekend and evening hours at least one presentation concerning the curriculum and materials that will be used for such education. A student shall be required to participate in AIDS prevention education unless a parent or guardian of the student, having attended one of the presentations, objects in writing to such participation.

(4) The curriculum for AIDS prevention education shall be designed to teach students which behaviors place a person at risk of infection with the human immunodeficiency virus (HIV) and methods to avoid such risk including, at least:

(a) Avoiding the use of unsterilized hypodermic needles, such as occurs in drug abuse; and

(b) Avoiding sexual intercourse, with or without condoms, with any person testing positive for HIV antibodies, or any other person infected with HIV.

(5) The program of AIDS prevention education shall teach that abstinence from sexual intercourse is the only certain means for the prevention of the spread or contraction of the AIDS virus through sexual contact. It shall also teach that artificial means of birth control are not a certain means of preventing the spread of the AIDS virus and reliance on such methods puts a person at risk for exposure to the disease.

(6) The office of the superintendent of public instruction with the assistance of the department of social and health services shall update AIDS education curriculum material as newly discovered medical facts make it necessary.

Sec. 402. Section 28A.05.010, chapter 223, Laws of 1969 ex. sess. as last amended by section 1, chapter 232, Laws of 1987 and RCW 28A.05.010 are each amended to read as follows:

All common schools shall give instruction in reading, penmanship, orthography, written and mental arithmetic, geography, the history of the United States, English grammar, physiology and hygiene with special reference to the effects of alcoholic stimulants and narcotics on the human system, science with special reference to the environment, and such other studies as may be prescribed by rule or regulation of the state board of education. All teachers shall stress the importance of the cultivation of manners, the fundamental principles of honesty, honor, industry and economy, the minimum requisites for good health including the beneficial effect of physical exercise and methods to prevent infection with human immunodeficiency virus (HIV), and the worth of kindness to all living creatures and the land. The prevention of child abuse may be offered as part of the curriculum in the common schools.

NEW SECTION. Sec. 403. Sections 401 and 402 of this act shall take effect July 1, 1988.

PART V

AIDS EDUCATION IN COLLEGES, UNIVERSITIES, AND VOCATIONAL SCHOOLS

NEW SECTION. Sec. 501. A new section is added to chapter 28B.10 RCW to read as follows:

The governing board of each state four-year institution of higher education shall provide education to all freshmen on methods of transmission of the human immunodeficiency virus and prevention of acquired immunodeficiency syndrome. The curricula and materials shall be developed by the department of social and health services.

NEW SECTION. Sec. 502. A new section is added to chapter 28B.50 RCW to read as follows:

The state board for community college education shall provide education to all freshmen on methods of transmission of the human immunodeficiency virus and prevention of acquired immunodeficiency syndrome. The curricula and materials shall be developed by the department of social and health services.

NEW SECTION. Sec. 503. A new section is added to chapter 28C.04 RCW to read as follows:

Each publicly operated vocational school shall provide education to all students on methods of transmission of the human immunodeficiency virus and prevention of acquired immunodeficiency syndrome. The curricula and materials shall be developed by the department of social and health services.

PART VI

CONDOMS

NEW SECTION. Sec. 601. A new section is added to chapter 70.48 RCW to read as follows:

Law enforcement and correctional officers, including the staff of juvenile facilities, shall not confiscate condoms possessed by any person unless necessary for the safety of the person or as evidence of a crime.

PART VII

AIDS TRAINING FOR EMPLOYEES

NEW SECTION. Sec. 701. The number of acquired immunodeficiency syndrome (AIDS) cases in the state may reach five thousand by 1991. This makes it necessary to provide our state's workforce with the resources and knowledge to deal with the epidemic. To ensure that accurate information is available to the state's work force, a clearinghouse for all technically correct educational materials related to AIDS should be created.

NEW SECTION. Sec. 702. There is established in the department of social and health services an office on AIDS. This office shall be the repository and clearinghouse for all education and training material related to the treatment, transmission, and prevention of AIDS. The University of Washington shall provide the office on AIDS with appropriate training and educational materials necessary to carry out its duties. The office on AIDS shall assist state agencies with information necessary to carry out the purposes of this chapter. The department shall work with state and county agencies and specific employee and professional groups to provide information appropriate to their needs.

NEW SECTION. Sec. 703. The department of social and health services shall adopt rules that recommend appropriate education and training for licensed emergency medical personnel under chapter 18.73 RCW on the prevention, transmission, and treatment of AIDS. The department shall consider whether appropriate education or training shall be a condition of license issuance or renewal.

NEW SECTION. Sec. 704. Each disciplining authority under chapter 18.130 RCW shall adopt rules that recommend appropriate education and training for licensees on the prevention, transmission, and treatment of AIDS. The disciplining authorities shall consider whether appropriate education or training shall be a condition of license issuance or renewal. The disciplining authorities shall work with the office on AIDS under section 702 of this act to develop the training and educational material necessary for health professionals.

NEW SECTION. Sec. 705. The state board of pharmacy shall adopt rules that recommend appropriate education and training for licensees on the prevention, transmission, and treatment of AIDS. The board shall work with the office on AIDS under section 702 of this act to develop the training and educational material necessary for health professionals.

NEW SECTION. Sec. 706. The superintendent of public instruction shall adopt rules that recommend appropriate education and training for public school employees on the prevention, transmission, and treatment of AIDS. The rules shall specify the classification of employees for whom the education and training shall be mandatory. The superintendent of public instruction shall work with the office on AIDS under section 702 of this act to develop the educational and training material necessary for school employees.

NEW SECTION. Sec. 707. The state personnel board, the higher education personnel board, and each unit of local government shall determine whether any employees under their jurisdiction have a substantial likelihood of exposure to the human immunodeficiency virus. If so, the agency or unit of government shall adopt rules providing for appropriate training and education for the employees on the prevention, transmission, and treatment of AIDS. The rules shall specifically provide for such training and education for law enforcement, correctional, and health care workers. The state personnel board, the higher education personnel board, and each unit of local government shall work with the office on AIDS under section 702 of this act to develop the educational and training material necessary for employees.

NEW SECTION. Sec. 708. The state employees' insurance board and local governments, including school districts, shall evaluate the impact of AIDS on the public employee insurance plan and require all bidders to address the issue in their contract.

NEW SECTION. Sec. 709. The department of social and health services shall adopt rules providing for appropriate education and training of employees of state licensed or certified health care facilities. The education and training shall be on the prevention, transmission, and treatment of AIDS and shall not be required for employees who are covered by comparable rules adopted under section 703 of this act.

NEW SECTION. Sec. 710. Sections 702 through 709 of this act are each added to chapter 70.24 RCW.

PART VIII

COUNSELING AND TESTING

NEW SECTION. Sec. 801. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 802 through 805 of this act.

(1) "Pretest counseling" means counseling aimed at helping the individual understand ways to reduce the risk of HIV infection, the nature and purpose of the tests, the significance of the results, and the potential dangers of the test, and to assess the individual's ability to cope with the results.

(2) "Posttest counseling" means counseling directed toward increasing the individual's understanding of the human immunodeficiency virus infection, changing the individual's behavior, and, if necessary, encouraging the individual to notify persons with whom there has been contact.

(3) "AIDS counseling" means counseling directed toward increasing the individual's understanding of acquired immunodeficiency syndrome and changing the individual's behavior.

(4) "HIV testing" means a test for the antibody or antigen to the human immunodeficiency virus specified by the board of health by rule.

NEW SECTION. Sec. 802. No person may undergo HIV testing without the person's consent except as expressly authorized by this chapter, except in an double-blind prevalence study conducted in accordance with chapter 42.48 RCW.

NEW SECTION. Sec. 803. (1) Local health departments and other entities authorized under this chapter shall conduct or cause to be conducted pretest counseling, HIV testing, and posttest counseling of all persons:

(a) Convicted of a sexual offense under chapter 9A.44 RCW; or

(b) Convicted of prostitution.

(2) Such testing shall be conducted as soon as possible after sentencing and shall be so ordered by the sentencing judge.

NEW SECTION. Sec. 804. (1) Every health care practitioner attending a pregnant woman or a person seeking treatment of a sexually transmissible disease shall insure that AIDS counseling of the patient is conducted.

(2) AIDS counseling shall be provided to each person in a drug treatment program under chapter 69.54 RCW.

NEW SECTION. Sec. 805. The board of health shall adopt rules establishing minimum standards for pretest counseling, HIV testing, posttest counseling, and AIDS counseling.

NEW SECTION. Sec. 806. Sections 801 through 805 of this act are each added to chapter 70.24 RCW.

PART IX

REGIONAL AIDS SERVICE NETWORKS

NEW SECTION. Sec. 901. A new section is added to chapter 70.24 RCW to read as follows:

The department of social and health services shall establish a state-wide system of regional acquired immunodeficiency syndrome (AIDS) service networks as follows:

(1) The department shall designate no less than six, but no more than eight, AIDS service network regions encompassing the state. In doing so, the department shall consider existing regional structures, such as those used for local public health services, social and health services, and emergency medical services.

(2) The department shall request that counties within each region prepare, through a cooperative effort of their local health departments, a regional organizational and service plan, which meets the requirements set forth in subsection (3) of this section. Efforts should be made to use existing plans, where appropriate. If any or all of the counties within a region do not participate, it shall be the department's responsibility to develop the part of the plan for the nonparticipating county or counties.

(3) The regional AIDS service network plan shall include the following components:

(a) A designated single administrative or coordinating agency;

(b) A complement of services to include:

(i) Voluntary and anonymous counseling and testing;

(ii) Mandatory testing and/or counseling services for certain individuals, as required by law;

(iii) Notification of sexual partners of infected persons, as required by law;

(iv) Education for the general public, health professionals, and high-risk groups;

(v) Intervention strategies to reduce the infection of the human immunodeficiency virus among high-risk groups, possibly including needle sterilization and methadone maintenance;

(vi) Related community outreach services for runaway youth;

(vii) The provision of related health and social services;

(viii) Strategies for the development of volunteer networks;

(ix) Strategies for the coordination of related agencies within the network; and

(x) Other necessary information, including needs particular to the region;

(i) Case management services; and

(ii) A community-based continuum-of-care model encompassing both medical and social services with the goal of maintaining persons with AIDS in a home-like setting, to the extent possible, in the least-expensive manner; and

(d) Budget, caseload, and staffing projections.

(4) Efforts shall be made by both the counties and the department to use existing service delivery systems, where possible, in developing the networks.

(5) The University of Washington health science programs, in cooperation with the department, shall establish a center for AIDS research and education, which shall be linked to the networks. Its duties shall include providing the office on AIDS, established by section 702 of this act, with the appropriate educational materials necessary to carry out that office's duties.

(6) The department shall implement this section, consistent with available funds by July 1, 1989, by establishing three regional AIDS service networks and by establishing the AIDS center for research and education. At least one of the regional service networks shall include a class AA county and at least one shall be in the eastern region of the state. By July 1, 1991, the department shall establish at least three, but no more than five, additional regional service networks.

(7) The regional AIDS services networks shall be the official state regional agencies for AIDS information education and coordination of services. The state health officer, as designated by the secretary of social and health services, shall make adequate efforts to publicize the existence and functions of the networks.

(8) If the department is not able to establish a network by an agreement solely with counties, it may contract with nonprofit agencies for any or all of the designated network responsibilities.

(9) The department, in establishing the networks, shall study mechanisms that could lead to reduced costs and/or increased access to services. The methods shall include capitation.

(10) The department shall reflect in its departmental biennial budget request the funds necessary to implement this section.

(11) The department shall submit an implementation plan to the appropriate committees of the legislature by December 15, 1988.

NEW SECTION. Sec. 902. The department of social and health services shall study the need for community residential care for persons with AIDS, including facility size, staffing, and related community health and social services, and report its finding to the appropriate committees of the legislature by December 15, 1988.

NEW SECTION. Sec. 903. A new section is added to chapter 70.24 RCW to read as follows:

To assist the secretary of social and health services in the development and implementation of AIDS programs, the governor shall appoint an AIDS advisory committee.

PART X

CONTROL OF SEXUALLY TRANSMISSIBLE DISEASES

NEW SECTION. Sec. 1001. The legislature declares that sexually transmissible diseases constitute a serious and sometimes fatal threat to the public and individual health and welfare of the people of the state. The legislature finds that the incidence of sexually transmissible diseases is rising at an alarming rate and that these diseases result in significant social, health, and economic costs, including infant and maternal mortality, temporary and lifelong disability, and premature death. The legislature further finds that sexually transmissible diseases, by their nature, involve sensitive issues of privacy, and it is the intent of the legislature that all programs designed to deal with these diseases afford patients privacy, confidentiality, and dignity. The legislature also finds that medical knowledge and information about sexually transmissible diseases are rapidly changing. It is therefore the intent of the legislature to provide a program that is sufficiently flexible to meet emerging needs, deals efficiently and effectively with reducing the incidence of sexually transmissible diseases, and provides patients with a secure knowledge that information they provide will remain private and confidential.

NEW SECTION. Sec. 1002. A new section is added to chapter 49.60 RCW to read as follows:

(1) Discriminatory practices otherwise prohibited under this chapter on the basis of race, color, creed, national origin, sex, marital status, age, or the presence of any sensory, mental, or physical handicap shall also be prohibited against individuals on the basis of actual or perceived HIV infection status.

(2) Subsection (1) of this section shall not apply to transactions with insurance entities, health service contractors, or health maintenance organizations subject to RCW 49.60.030 (1)(e) or 49.60.178 to prohibit fair discrimination on the basis of actuarial HIV infection status when bona fide statistical differences in actuarial risk or exposure have been substantiated.

(3) For the purposes of this chapter, "HIV" means the human immunodeficiency virus, and includes all HIV and HIV-related viruses which damage the cellular branch of the human immune system and leave the infected person immunodeficient.

NEW SECTION. Sec. 1003. A new section is added to chapter 49.60 RCW to read as follows:

(1) No person may require an individual to take an HIV-related test, as defined in chapter 70.24 RCW, as a condition of hiring, promotion, or continued employment unless the test is a bona fide occupational qualification for the job in question.

(2) No person may fail or refuse to hire or discharge any individual, or segregate or classify any individual in any way which would deprive or tend to deprive that individual of employment opportunities or adversely affect his or her status as an employee, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment on the basis of the results of an HIV-related test unless said test is a bona fide occupational qualification of the job in question.

(3) A person who asserts that a bona fide occupational qualification exists for HIV-related testing shall have the burden of proving that:

(a) The HIV-related test is necessary to ascertain whether an employee is currently able to perform in a reasonable manner the duties of the particular job or whether an employee will present a significant risk of transmitting HIV infection to other persons in the course of normal work activities; and

(b) There exists no means of reasonable accommodation short of requiring the test.

NEW SECTION. Sec. 1004. A new section is added to chapter 70.24 RCW to read as follows:

(1) No person may disclose or be compelled to disclose the identity of any person who has investigated, considered, or requested a test for a sexually transmissible disease.

(2) No person may disclose or be compelled to disclose the identity of any person upon whom a test for a sexually transmissible disease is performed, or the results of such a test in a manner which permits identification of the subject of the test, except to the following persons:

(a) The subject of the test or the subject's legal guardian, with the exception of a guardian of a minor child over fourteen years of age and otherwise competent;

(b) Any person who secures a legally effective release of test results executed by the subject of the test or the subject's legal guardian, with the exception of a guardian of a minor child over fourteen years of age and otherwise competent;

(c) The board, a local health officer, or the centers for disease control of the United States public health service in accordance with reporting requirements for a diagnosed case of sexually transmissible disease;

(d) A health facility or health care provider that procures, processes, distributes, or uses: (i) A human body part from a deceased person with respect to medical information regarding that person; or (ii) semen provided prior to the effective date of this section for the purpose of artificial insemination;

(e) A local health officer pursuant to mandatory testing as required by section 1009 of this act; and

(f) A person allowed access to the record by a court order issued in compliance with this chapter.

(3) No person to whom the results of a test for a sexually transmissible disease have been disclosed pursuant to subsection (1) of this section may disclose the test results to another person except as authorized by that subsection.

(4) Whenever disclosure is made pursuant to this section, it shall be accompanied by a statement in writing which includes the following or substantially similar language: "This information has been disclosed to you from records whose confidentiality is protected by state law. State law prohibits you from making any further disclosure of it without the specific written consent of the person to whom it pertains, or as otherwise permitted by state law. A general authorization for the release of medical or other information is NOT sufficient for this purpose." An oral disclosure shall be accompanied or followed by such a notice within ten days.

NEW SECTION. Sec. 1005. A new section is added to chapter 70.24 RCW to read as follows:

The board shall establish reporting requirements for sexually transmissible diseases in rule. Reporting under this section may be required for such sexually transmissible diseases included under this chapter as the board finds appropriate.

NEW SECTION. Sec. 1006. A new section is added to chapter 70.24 RCW to read as follows:

(1) The board shall adopt rules authorizing interviews and the board and local health officers and their authorized representatives may interview, or cause to be interviewed, all persons infected with a sexually transmissible disease and all persons who, in accordance with standards adopted by the board in rule, are reasonably believed to be infected with such diseases for the purpose of investigating the source and spread of the diseases and for the purpose of ordering a person to submit to examination, counseling, or treatment as necessary for the protection of the public health and safety.

(2) State and local health officers shall investigate suspected sources of sexually transmissible diseases in accordance with procedures prescribed by the board.

(3) All information gathered in the course of contact investigation pursuant to this section shall be considered confidential.

(4) No person contacted under this section or reasonably believed to be infected with a sexually transmissible disease who reveals the name or names of sexual contacts during the course of an investigation shall be held liable in a civil action for such revelation, unless the revelation is made falsely or with reckless disregard for the truth.

(5) Any person who knowingly or maliciously disseminates any false information or report concerning the existence of any sexually transmissible disease under this section is guilty of a gross misdemeanor punishable as provided under RCW 9A.20.021.

Sec. 1007. Section 6, chapter 114, Laws of 1919 and RCW 70.24.050 are each amended to read as follows:

Diagnosis of a sexually transmissible disease in every instance must be confirmed by laboratory tests or examinations ((~~in a laboratory approved~~)) conducted in accordance with procedures and such other requirements as may be established by the ((~~state~~)) board ((~~of health, before any person shall be isolated or committed to quarantine and before any person committed to quarantine shall be discharged therefrom~~)).

Sec. 1008. Section 8, chapter 114, Laws of 1919 and RCW 70.24.070 are each amended to read as follows:

For the purpose of carrying out ((~~the provisions of~~)) this ((~~act~~)) chapter, the ((~~state~~)) board ((~~of health~~)) shall have the power and authority((, from time to time, to divide the state into such number of quarantine districts consisting of one or more counties or parts of counties or municipalities as it shall deem expedient, and to establish at such place or places as it shall deem necessary quarantine stations and clinics)) to designate facilities for the detention and treatment of persons believed or found to be infected with a sexually transmissible disease and to ((~~establish~~)) designate any such ((~~quarantine station and clinic in connection with any county or city jail, or~~)) facility in any hospital or other public or private institution other than a jail having, or which may be provided with, such necessary detention, segregation, isolation, clinic and hospital facilities as may be required and prescribed by the board, and to enter into arrangements for the conduct of such ((~~quarantine stations and clinics~~)) facilities with the public officials or persons, associations, or corporations in charge of or maintaining and operating such institutions.

NEW SECTION. Sec. 1009. A new section is added to chapter 70.24 RCW to read as follows:

(1) Subject to the provisions of this chapter, the state and local health officers or their authorized representatives may examine or cause to be examined persons reasonably believed to be infected with or to have been exposed to a sexually transmissible disease.

(2) Orders or restrictive measures directed to persons with a sexually transmissible disease shall be used as the last resort when other measures to protect the public health have failed, including all reasonable efforts, which shall be documented, to obtain the voluntary cooperation of the person who may be subject to such an order. The orders and measures shall be applied serially with the least intrusive measures used first. The burden of proof shall be on the state or local health officer to show that specified grounds exist for the issuance of the orders or restrictive measures and that the terms and conditions imposed are no more restrictive than necessary to protect the public health.

(3) When the state or local health officer within his or her respective jurisdiction knows or has reason to believe, because of medical or epidemiological information, that a person has a sexually transmissible disease and is engaging in specified conduct as determined by the board by rule that endangers the public health, he or she may issue an order according to the following priority to:

(a) Order a person to submit within fourteen days to a medical examination or testing, seek counseling, or obtain medical treatment for curable diseases, or any combination of these.

(b) Direct a person to cease and desist from specified conduct which endangers the health of others by imposing such restrictions upon the person as are necessary to prevent the specified conduct that endangers the health of others only if the health officer has determined that clear and convincing evidence exists to believe that such person has been ordered to report for counseling as provided in (a) of this subsection and continues to demonstrate behavior which endangers the health of others. Any restriction shall be in writing, setting forth the name of the person to be restricted and the initial period of time, not to exceed three months, during which the order shall remain effective, the terms of the restrictions, and such other conditions as may be necessary to protect the public health. Restrictions shall be imposed in the least-restrictive manner necessary to protect the public health.

(4) (a) Upon the issuance of any order by the state or local health officer pursuant to subsection (2) of this section, such health officer shall give notice promptly, personally, and confidentially to the person who is the subject of the order stating the grounds and provisions of the order and notifying the person who is the subject of the order that, if he or she contests the order, he or she may appear at a judicial hearing to be held in superior court. He or she may have an attorney appear on his or her behalf in the hearing at public expense, if necessary. The hearing shall be held within seventy-two hours of the notice, unless the person subject to the order agrees to comply. If the person contests the order, no invasive medical procedures shall be carried out prior to a hearing being held pursuant to this subsection. The burden of proof shall be on the health officer to show by clear and convincing evidence that the specified grounds exist for the issuance of the order and for the need for compliance and that the terms and conditions imposed therein are no more restrictive than necessary to protect the public health. Upon conclusion of the hearing, the court shall issue appropriate orders affirming, modifying, or dismissing the order.

(b) If the superior court dismisses the order, the fact that the order was issued shall be expunged from the records of the board or local department of health.

(5) Any hearing conducted pursuant to this section shall be closed and confidential, and any transcripts or records relating thereto shall also be confidential and may be sealed by the order of the court.

NEW SECTION. Sec. 1010. A new section is added to chapter 70.24 RCW to read as follows:

(1) When the procedures of section 1008 of this act have been exhausted and the state or local health officer, within his or her respective jurisdiction, knows or has reason to believe, because of medical information, that a person has a sexually transmissible disease and that the person continues to engage in behaviors that present an imminent danger to the public health as defined in by the board in rule, the health officer may bring an action in superior court to detain the person in a facility designated by the board for a period not to exceed ninety days in order to protect the public health. The health officer shall request the prosecuting attorney to file such action in superior court. During that period, reasonable efforts will be made in a noncoercive manner to get the person to adopt nondangerous behavior.

(2) If an action is filed as outlined in subsection (1) of this section, the superior court, upon the petition of the prosecuting attorney, shall issue other appropriate court orders including, but not limited to, an order to take the person into custody immediately, for a period not to exceed seventy-two hours, and place him or her in a facility designated or approved by the board. The person who is the subject of the order shall be given notice of the order promptly, personally, and confidentially stating the grounds and provisions of the order and notifying the person that if he or she refuses to comply with the order he or she may appear at a hearing to review the order and that he or she may have an attorney appear on his or her behalf in the hearing at public expense, if necessary. If the person contests testing or treatment, no invasive medical procedures shall be carried out prior to a hearing being held pursuant to subsection (3) of this section.

(3) The hearing shall be conducted by the court no later than forty-eight hours after the receipt of the order. The person has a right to be present at the hearing and may have an attorney appear on his or her behalf in the hearing. Upon conclusion of the hearing, the court shall issue appropriate orders affirming, modifying, or dismissing the order.

(4) The burden of proof shall be on the state or local health officer to show by clear and convincing evidence that grounds exist for the issuance of any court order pursuant to subsection (2) or (3) of this section. If the superior court dismisses the order, the fact that the order was issued shall be expunged from the records of the board or local department of health.

(5) Any hearing conducted by the superior court pursuant to subsection (2) or (3) of this section shall be closed and confidential, and any transcripts or records relating thereto shall also be confidential and may be sealed by order of the court.

(6) Any order entered by the superior court pursuant to subsection (1) or (2) of this section shall impose terms and conditions no more restrictive than necessary to protect the public health.

Sec. 1011. Section 5, chapter 114, Laws of 1919 and RCW 70.24.080 are each amended to read as follows:

Any person who shall violate any of the provisions of this ((~~act~~)) chapter or any lawful rule ((~~or regulation made~~)) adopted by the ((~~state~~)) board ((~~of health~~)) pursuant to the authority herein granted, or who shall fail or refuse to obey any lawful order issued by any state, county or municipal health officer, pursuant to the authority granted in this ((~~act~~)) chapter, shall be deemed guilty of a gross misdemeanor punishable as provided under RCW 9A.20.021.

Sec. 1012. Section 1, chapter 164, Laws of 1969 ex. sess. and RCW 70.24.110 are each amended to read as follows:

A minor fourteen years of age or older who may have come in contact with any ((~~venereal~~)) sexually transmissible disease or suspected ((~~venereal~~)) sexually transmissible disease may give consent to the furnishing of hospital, medical and surgical care related to the diagnosis or treatment of such disease. Such consent shall not be subject to disaffirmance because of minority. The consent of the parent, parents, or legal guardian of such minor shall not be necessary to authorize hospital, medical and surgical care related to such disease and such parent, parents, or legal guardian shall not be liable for payment for any care rendered pursuant to this section.

Sec. 1013. Section 1, chapter 59, Laws of 1977 and RCW 70.24.120 are each amended to read as follows:

((~~Venereal~~)) Sexually transmissible disease case investigators, upon specific authorization from a ((~~doctor~~)) physician, are hereby authorized to perform venipuncture or skin puncture on a person for the sole purpose of withdrawing blood for use in ((~~venereal~~)) sexually transmissible disease tests.

The term "((~~venereal~~)) sexually transmissible disease case investigator" shall mean only those persons who:

(1) Are employed by public health authorities; and

(2) Have been trained by a ((~~doctor~~)) physician in proper procedures to be employed when withdrawing blood in accordance with training requirements established by the department of social and health services; and

(3) Possess a statement signed by the instructing ((~~doctor~~)) physician that the training required by subsection (2) of this section has been successfully completed.

The term "((~~doctor~~)) physician" means any person licensed under the provisions of chapters 18.57 or 18.71 RCW.

NEW SECTION. Sec. 1014. A new section is added to chapter 70.24 RCW to read as follows:

(1) Any person aggrieved by a violation of this chapter shall have a right of action in superior court and may recover for each violation:

(a) Against any person who negligently violates a provision of this chapter, ten thousand dollars, or actual damages, whichever is greater, for each violation.

(b) Against any person who intentionally or recklessly violates a provision of this chapter, fifty thousand dollars, or actual damages, whichever is greater, for each violation.

(d) Such other relief, including an injunction, as the court may deem appropriate.

(2) Any action under this chapter is barred unless the action is commenced within three years after the cause of action accrues.

(3) The attorney general may maintain a civil action to enforce this chapter in which the court may order any relief authorized under subsection (1) of this section.

(4) Nothing in this chapter limits the rights of the subject of a test for a sexually transmissible disease to recover damages or other relief under any other applicable law.

(5) Nothing in this chapter may be construed to impose civil liability or criminal sanction for disclosure of a test result for a sexually transmissible disease in accordance with any reporting requirement for a diagnosed case of sexually transmissible disease by the department or the centers for disease control of the United States public health service.

NEW SECTION. Sec. 1015. A new section is added to chapter 70.24 RCW to read as follows:

The board shall adopt such rules as are necessary to implement and enforce this chapter. Rules may also be adopted by the department of social and health services or the department of licensing for the purposes of this chapter. The rules may include procedures for taking appropriate action, in addition to any other penalty under this chapter, with regard to health care facilities or health care providers which violate this chapter or the rules adopted under this chapter. The rules shall prescribe stringent safeguards to protect the confidentiality of the persons and records subject to this chapter. The procedures set forth in chapter 34.04 RCW apply to the administration of this chapter, except that in case of conflict between chapter 34.04 RCW and this chapter, the provisions of this chapter shall control.

NEW SECTION. Sec. 1016. A new section is added to chapter 70.24 RCW to read as follows:

It shall be a gross misdemeanor punishable as provided under RCW 9A.20.021 for anyone infected with a sexually transmissible disease knowingly, intentionally, and maliciously, to infect another person.

NEW SECTION. Sec. 1017. A new section is added to chapter 70.24 RCW to read as follows:

Nothing in this chapter may be construed to require additional funding of programs to treat communicable disease established as of the effective date of this section.

NEW SECTION. Sec. 1018. The following acts or parts of acts are each repealed:

(1) Section 1, chapter 114, Laws of 1919 and RCW 70.24.010;

(2) Section 2, chapter 114, Laws of 1919 , section 93, chapter 141, Laws of 1979 and RCW 70.24.020;

(3) Section 3, chapter 114, Laws of 1919 and RCW 70.24.030;

(4) Section 4, chapter 114, Laws of 1919 and RCW 70.24.040; and

(5) Section 7, chapter 114, Laws of 1919, section 94, chapter 141, Laws of 1979 and RCW 70.24.060.

PART XI

LEGISLATIVE PLAN AND BUDGET

NEW SECTION. Sec. 1101. (1) By November 15, 1988, the legislative budget committee shall submit a plan and budget to the legislature for assessing the impact of the major educational, health and social service, and public health control measures passed during the 1988 legislative session relating to acquired immune deficiency syndrome (AIDS). The plan shall include means of reporting on the implementation and the effectiveness at changing behavior or slowing the spread of AIDS of:

(a) Efforts by public agencies, school districts, and regulatory authorities to make AIDS education available;

(b) Testing, counseling, contact notification, and other public health control measures;

(d) Health and social services delivered to persons with AIDS or AIDS-related complex; and

(e) Any other program, activity, or process authorized during the 1988 legislative session.

(2) In developing the plan and budget required by this section, the legislative budget committee may purchase consulting services and shall consult with state and national experts in the area of AIDS and in the evaluation of health, educational, and public health control programs. In addition, interested legislators, legislative staff, state agency personnel responsible for implementing the activities to be evaluated, local health department personnel, and private foundation and social and health agency personnel working on AIDS prevention shall be consulted.

(3) This section shall expire on December 31, 1988.

NEW SECTION. Sec. 1102. There is appropriated from the general fund to the legislative budget committee for the biennium ending June 30, 1989, the sum of twenty-five thousand dollars, or so much thereof as may be necessary, to carry out the purposes of section 1101 of this act. Moneys from this appropriation that are not expended or obligated by November 15, 1988, shall revert to the general fund.

PART XII

MISCELLANEOUS

NEW SECTION. Sec. 1201. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 1202. Except as otherwise specifically provided, this act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.