6116 AMH CAMP PICU 45

"NEW SECTION. Sec. 5. The legislature finds and declares that just as workers and citizens have a right to know of the presence of toxic and potentially dangerous materials in their workplace and community, patients of health care professionals have a right to know whether or not they are being treated by a person who is suffering from, or infected with, a life-threatening disease or illness that is potentially capable of being transmitted to the patient.

The legislature further finds and declares that the right of health care professionals to privacy, although important, is far outweighed by the right of the consumer-patient to full and complete information concerning any possible risks of treatment.

The legislature therefore determines that to balance these competing interests while maintaining the maximum privacy for the parties involved, it is in the public interest to establish a comprehensive procedure for the disclosure of information regarding communicable diseases to patients and to provide a procedure for the enforcement of the disclosure requirement.

NEW SECTION. Sec. 6. This chapter shall be known as the patient right to know act.

NEW SECTION. Sec. 7. (1) This chapter applies only to health care professionals licensed under the chapters specified in this section. This chapter does not apply to any business or profession not licensed under the chapters specified in this section.

(2) This chapter applies to the following health care professionals:

(a) Acupuncturists certified under chapter 18.06 RCW;

(b) Dental hygienists licensed under chapter 18.29 RCW;

(d) Midwives licensed under chapter 18.50 RCW;

(e) Osteopathic physicians and surgeons licensed under chapter 18.57 RCW;

(f) Osteopathic physician's assistants certified under chapter 18.57A RCW;

(g) Physicians licensed under chapter 18.71 RCW;

(h) Physician assistants licensed under chapter 18.71A RCW;

(i) Registered nurses, advanced registered nurses, and licensed practical nurses licensed under chapter 18.79 RCW; and

(j) Nursing assistants under chapter 18.88A RCW.

NEW SECTION. Sec. 8. Notwithstanding any other provision of law, any health care professional listed in section 4 of this act who is sick or infected with a dangerous or infectious disease, or with any disease required by the state board of health to be reported, shall, in every case, before treating or caring for a patient in any manner involving physical contact, notify the patient or the patient's guardian, in writing, of the nature of the disease which the health care professional is suffering from or infected with.

NEW SECTION. Sec. 9. The failure of a health care professional to give the notice required by section 5 of this act shall be deemed to be unprofessional conduct under any applicable licensing and disciplinary provisions related to such health care professional.

NEW SECTION. Sec. 10. The failure of a health care professional to give the notice required by section 5 of this act, and the patient's subsequent contraction of the disease of which the health care professional is suffering from or infected by, shall be prima facie evidence of a criminal violation of RCW 70.54.050.

NEW SECTION. Sec. 11. The failure of a health care professional to give the notice required by section 5 of this act is a matter affecting the public interest for the purpose of applying chapter 19.86 RCW. The failure of a health care professional to give the notice required by section 5 of this act is not reasonable in relation to the development and preservation of business. A violation of this chapter constitutes an unfair or deceptive act or practice in trade or commerce for the purpose of applying chapter 19.86 RCW.

NEW SECTION. Sec. 12. In any civil action for damages arising from a failure of a health care professional to give the notice required by section 5 of this act, upon proof by the plaintiff that the required notice was not given and that the patient contracted the disease which the health care professional was suffering from or was infected with, the burden of proof shall then shift to the defendant to prove that the patient did not contract or become infected with the disease from the health care professional.

NEW SECTION. Sec. 13. If any provision of this chapter 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. 14. Sections 5 through 13 of this act shall constitute a new chapter in Title 70 RCW.

NEW SECTION. Sec. 15. Sections 5 through 13 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."

Correct internal references and title accordingly.