WSR 15-05-014
PERMANENT RULES
STATE BOARD OF HEALTH
[Filed February 6, 2015, 10:58 a.m., effective March 9, 2015]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The purpose of the rule is to update references to the Control of Communicable Diseases Manual. As a result the board's rules will reflect best current practices for infectious disease control. The rule revision will clarify the board's intent to encourage local health jurisdictions to establish interagency agreements in advance of health emergencies so that disease control measures may be more easily and uniformly implemented.
Citation of Existing Rules Affected by this Order: Amending WAC 246-100-036, 246-100-021, and 246-215-02245.
Statutory Authority for Adoption: RCW 43.20.050.
Adopted under notice filed as WSR 14-24-093 on December 1, 2014.
Changes Other than Editing from Proposed to Adopted Version: The adopted version does not include WAC 246-138-030 which is outside of board of health authority.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.
Date Adopted: January 14, 2015.
Michelle A. Davis
Executive Director
AMENDATORY SECTION (Amending WSR 00-23-120, filed 11/22/00, effective 12/23/00)
WAC 246-100-021 Responsibilities and duties—Health care providers.
Every health care provider, as defined in chapter 246-100 WAC, shall:
(1) Provide adequate, understandable instruction in control measures designed to prevent the spread of disease to:
(a) Each patient with a communicable disease under his or her care; and
(b) Others as appropriate to prevent spread of disease.
(2) Cooperate with public health authorities during investigation of:
(a) Circumstances of a case or suspected case of a notifiable condition or other communicable disease; and
(b) An outbreak or suspected outbreak of illness.
Comply with requirements in WAC 246-100-206, 246-100-211, and chapter 246-101 WAC.
(3) Use protocols established in the Control of Communicable Diseases Manual, ((seventeenth edition, James Chin, MD, MPH, editor, 2000)) 20th edition, published by the American Public Health Association, when treating wounds caused by animal bites. A copy of this publication is available for review at the department and at each local health department.
AMENDATORY SECTION (Amending WSR 03-17-022, filed 8/13/03, effective 9/13/03)
WAC 246-100-036 Responsibilities and duties—Local health officers.
(1) The local health officer shall establish, in consultation with local health care providers, health facilities, emergency management personnel, law enforcement agencies, and any other entity he or she deems necessary, plans, policies, and procedures for instituting emergency measures necessary to prevent the spread of communicable disease or contamination.
(2) Local health officers shall:
(a) Notify health care providers within the health district regarding requirements in this chapter;
(b) Ensure anonymous HIV testing is reasonably available;
(c) Make HIV testing, AIDS counseling, and pretest and post-test counseling, as defined in this chapter, available for voluntary, mandatory, and anonymous testing and counseling as required by RCW 70.24.400;
(d) Make information on anonymous HIV testing, AIDS counseling, and pretest and post-test counseling, as described under WAC 246-100-208 and 246-100-209, available;
(e) Use identifying information on HIV-infected individuals provided according to chapter 246-101 WAC only:
(i) For purposes of contacting the HIV-positive individual to provide test results and post-test counseling; or
(ii) To contact persons who have experienced substantial exposure, including sex and injection equipment-sharing partners, and spouses; or
(iii) To link with other name-based public health disease registries when doing so will improve ability to provide needed care services and counseling and disease prevention; and
(f) Destroy documentation of referral information established in WAC 246-100-072 and this subsection containing identities and identifying information on HIV-infected individuals and at-risk partners of those individuals immediately after notifying partners or within three months, whichever occurs first.
(3) Local health officers shall, when necessary, conduct investigations and institute disease control and contamination control measures, including medical examination, testing, counseling, treatment, vaccination, decontamination of persons or animals, isolation, quarantine, vector control, condemnation of food supplies, and inspection and closure of facilities, consistent with those indicated in the ((17th edition, 2000 of the)) Control of Communicable Diseases Manual, 20th edition, published by the American Public Health Association, or other measures he or she deems necessary based on his or her professional judgment, current standards of practice and the best available medical and scientific information.
(4) A local health department ((may make agreements)) should seek agreements as necessary with tribal governments, with federal authorities or with state agencies or institutions of higher education that empower the local health officer to conduct investigations and institute control measures in accordance with WAC 246-100-040 on tribal lands, federal enclaves and military bases, and the campuses of state institutions. State institutions include, but are not limited to, state-operated colleges and universities, schools, hospitals, prisons, group homes, juvenile detention centers, institutions for juvenile delinquents, and residential habilitation centers.
AMENDATORY SECTION (Amending WSR 13-03-109, filed 1/17/13, effective 5/1/13)
WAC 246-215-02245 Employee health—Removal of exclusion or restriction based on diagnosis.
Except as specified under WAC 246-215-02250, the PERSON IN CHARGE shall obtain approval from the LOCAL HEALTH OFFICER before reinstating a FOOD EMPLOYEE who was RESTRICTED or EXCLUDED based on:
(1) The ((19th edition of the)) Control of Communicable Diseases Manual, 20th edition, published by the American Public Health Association; or
(2) Other measures the LOCAL HEALTH OFFICER deems necessary based on his or her professional judgment, current standards of practice and the best available medical and scientific information.