H-2103              _______________________________________________

                                                   HOUSE BILL NO. 1972

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representative Fuhrman

Read first time 2/3/88 and referred to Committee on Health Care.

AN ACT Relating to the employment of persons with AIDS, pre-AIDS, or the AIDS antibody; adding a new section to chapter 70.54 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.  A new section is added to chapter 70.54 RCW to read as follows:

          Because the AIDS virus has been isolated in numerous body fluids, including blood, semen, saliva, tears, and sweat, it is essential to exclude those persons infected with AIDS, pre-AIDS, or the AIDS antibody, from those professions and occupations which involve direct contact with the public or which involve the handling of food or beverage for public consumption.

          No person infected with AIDS, pre-AIDS, or the AIDS antibody may work in a profession or occupation that requires a health department certificate, license, or permit, or in a facility that is subject to a sanitary inspection.  Such professions and occupations include, but are not limited to the following:  Physicians; eye doctors; pharmacists; paramedics; ambulance attendants; emergency medical technicians; dentists; dental technicians, hygienists, and assistants; nurses, medics, and other health care personnel; beauticians; barbers; cosmeticians; tattooers; ear piercers; acupuncturists; electrolysists; and food service workers such as cooks, waiters, and dishwashers.  Such facilities include, but are not limited to the following:  Hospitals, medical clinics or offices and other health care facilities, shops, restaurants, bars, and other facilities where individuals in the above described professions and occupations carry on their employment.

          No organization, political entity, or person may employ any individual to work in any profession or occupation that involves direct contact with the public, that involves handling food or beverages for public consumption, that requires a health department  certificate, license, or permit, or that requires work in any facility subject to a sanitary inspection until the individual has been tested for AIDS, pre-AIDS, or the AIDS antibody and there has been filed with the appropriate licensing agency a valid health certificate issued by the local health officer stating the individual is not infected with AIDS, pre-AIDS, or the AIDS antibody.  All persons to whom this section applies shall be tested annually for recertification.