ANALYSIS OF HOUSE BILL 2413

   Disclosing sexually transmitted disease information.

Health Care Committee                           19 January 1998

Washington State House of Representatives

SPONSORS:  Representatives Pennington and Carlson.

PURPOSE:

To permit good samaritans to request an human immunodeficiency virus (HIV) test in certain circumstances and receive the results.

BACKGROUND:

Except as authorized by law [RCW 70.24.105], it is unlawful to disclose or be compelled to disclose the identity of any person who has investigated, considered, or requested a test or treatment for HIV; exceptions include: legal representatives, health care facilities and  providers, public health officers,  persons allowed access by a court order, persons who, because of their behavioral interaction with the infected individual, have been placed at risk, law enforcement officers, fire fighters, corrections and jail staff, claims management personnel, child welfare staff, and guardians ad litem.

RCW 70.24.340 permits law enforcement officers, fire fighters, and other persons at risk of substantial exposure to HIV to request a  public health officer to order pretest counseling, HIV testing, and posttest counseling for the person whose bodily fluids he or she has been exposed to. RCW 70.24.105 permits them to receive the test results.

Current law [RCW 4.24.300] provides persons (commonly referred to as Agood samaritans@) who provide emergency assistance or transportation  without compensation certain immunity from liability. Proponents of HB 2413 believe that such emergency assistance frequently involves mouth to mouth resuscitation or other emergency medical procedures that could result in the exchange of bodily fluids exposing the good samaritan to HIV.  Presently, a good samaritan, as defined in law, cannot request an HIV test nor receive such result.

SUMMARY:

A good samaritan, along with law enforcement officers, fire fighters or other persons at risk of substantial exposure to HIV, may request counseling and testing of a person whose bodily fluids he or she has been exposed to and receive the test results.