H-2104              _______________________________________________

                                                   HOUSE BILL NO. 2022

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representative Fuhrman

Read first time 2/8/88 and referred to Committee on Health Care.

AN ACT Relating to discrimination; adding a new section to chapter 1.16 RCW; adding a new section to chapter 49.60 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 49.60 RCW to read as follows:

          Appropriate and immediate public health care intervention is absolutely essential to interrupting the potentially catastrophic spread of AIDS, pre-AIDS, and the AIDS antibody between and among the people of this state.  Development of an effective treatment for AIDS, pre-AIDS, and the AIDS antibody cannot be assured in the near future and diagnosis and control of the epidemic is severely complicated by the incubation period which can range up to years.  Therefore, in view of the compelling uncertainties surrounding AIDS, pre-AIDS, or the AIDS antibody, no person may be required, by law or otherwise, to employ, serve, treat, aid, or provide housing for persons infected with AIDS, pre-AIDS, or the AIDS antibody or suspected of being infected with AIDS, pre-AIDS, or the AIDS antibody.  Such persons shall be excused and exempt from employing, serving, treating, aiding, or providing housing to the infected or suspect persons if they are not personally satisfied that their own health or the health of others under their care or supervision is adequately protected.  The excused and exempt persons shall not be threatened, demoted, fired, or otherwise punished, or discriminated against, by law or otherwise, in any way for their excused actions.

          The presence of AIDS, pre-AIDS, or the AIDS antibody or any other communicable or contagious disease or disorder shall not be considered as the presence of a sensory, mental, or physical handicap.  A political entity shall not by law or otherwise declare or recognize any person to be free from discrimination based on the presence of AIDS, pre-AIDS, or the AIDS antibody or any other communicable or contagious disease or disorder.  Any such provision currently granted by any political entity is hereby superseded and of no force or effect.

NEW SECTION. Sec. 3.  A new section is added to chapter 1.16 RCW to read as follows:

          The term "the presence of a sensory, mental, or physical handicap" when used in the Revised Code of Washington does not include the presence of AIDS, pre-AIDS, or the AIDS antibody or any other communicable or contagious disease or disorder.