H-3408              _______________________________________________

                                                   HOUSE BILL NO. 1974

                        _______________________________________________

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 blood testing; adding new sections to chapter 70.54 RCW; creating a new section; prescribing penalties; and declaring an emergency.

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

NEW SECTION. Sec. 1.     The legislature finds that acquired immune deficiency syndrome (AIDS) is a fatal communicable disease and that identification of persons infected with AIDS by testing the blood of persons admitted to health care facilities is an important and necessary means of protecting the public health, containing the spread of AIDS, and preventing health care providers from exposure to and infection by the AIDS virus.

NEW SECTION. Sec. 2.  A new section is added to chapter 70.54 RCW to read as follows:

          Any person admitted to a health care facility shall submit to a test for AIDS, pre-AIDS, or the AIDS antibody.  The attending physician of the person admitted and the owner, director, manager, supervisor, or other person responsible for the operation of the health care facility shall insure that such a test is given.

          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, nursing homes, health care clinics, emergency medical centers, and any home health agency or service.

NEW SECTION. Sec. 3.  A new section is added to chapter 70.54 RCW to read as follows:

          All AIDS testing information, including the full legal name, address, and telephone number of the person tested, shall remain strictly confidential, subject to other provisions of this section.  After test results have been determined for any person admitted to a health care facility, all health care personnel involved in direct contact with the person, or such person's bodily fluids, secretions, or excretions, shall be notified prior to such contact that the person, or the fluids, secretions, or excretions, have tested positive for and are infected with AIDS, pre-AIDS, or the AIDS antibody, if the person admitted has tested positive.  Health care personnel shall then take appropriate safety precautions, such as wearing gloves, gowns, and face and eye protections, to insure that they are protected from direct bodily contact with infected fluids, secretions, or excretions.

NEW SECTION. Sec. 4.  A new section is added to chapter 70.54 RCW to read as follows:

          Every person violating or failing to comply with any provision of sections 2 and 3 of this act is guilty of a misdemeanor.

NEW SECTION. Sec. 5.     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. 6.     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.