H-2105              _______________________________________________

                                                   HOUSE BILL NO. 1973

                        _______________________________________________

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 AIDS; 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.     Every teacher in any school, every worker in any day-care center, and every participant in a foster-care program, shall report immediately to the principal or person in charge of such school, day-care center, or foster-care program all facts relating to the illness and physical condition of any child in the school, day-care center, or foster-care program who appears to be infected with AIDS, pre-AIDS, or the AIDS antibody.  The principal or person in charge of every school, day-care center, or foster-parent program shall report immediately to the local health officer all facts relating to the illness or physical condition of any child attending the school, day-care center, or foster-care program who appears to be infected with AIDS, pre-AIDS, or the AIDS antibody, together with the name, age, and address of the child.

          The child shall be withdrawn from the premises immediately and submitted to further examination by the local health officer or the officer's duly appointed representative.  A child shall not attend any school, day-care center, or foster-care program if he or she is infected with AIDS, pre-AIDS, or the AIDS antibody.  The superintendent of public instruction or institution of higher education shall provide adequate and appropriate tutorial service in an isolated environment to insure the student progresses at a rate reasonably suited to his or her abilities.  A person suspected of being infected with AIDS shall not attend any school, day-care center, or foster-care program until results of necessary examinations have been expeditiously completed and the diagnosis has been confirmed or ruled out.  No person infected with AIDS, pre-AIDS, or the AIDS antibody may reside in any facility where school, day-care, and foster-care activities occur.

NEW SECTION. Sec. 3.     No person in any school, day-care center, or foster-care program may work at such employment while infected with AIDS, pre-AIDS, or the AIDS antibody.  No organization, political entity, or person may employ any individual as a school, day-care center, or foster-care employee or volunteer (teacher, supervisor, bus driver, janitor, or clerk), or as any other employee or volunteer who comes in contact with the students in any school, children in any day-care center, or persons in any foster-care program until the individual has been tested for AIDS, pre-AIDS, or the AIDS antibody and there is filed with the local school district superintendent, or for day-care or foster-care personnel, the local health department or appropriate licensing department, a valid health certificate issued by the local health officer stating the individual is not infected with AIDS, pre-AIDS, or the AIDS antibody.

NEW SECTION. Sec. 4.     This chapter applies to substitute teachers, to student employees who have jobs in schools, and to all other part-time employees or volunteers who come in contact with students or children.  All persons to whom this chapter applies shall be tested annually for recertification.

NEW SECTION. Sec. 5.     Sections 2 through 4 of this act shall constitute a new chapter in Title 70 RCW.