AN
ACT Relating to reporting, treatment, and payment for treatment of
tuberculosis; amending RCW 70.28.010, 70.28.020, 70.28.037, 70.30.061,
70.32.010, 70.33.010, 70.33.020, and 70.33.040; adding new sections to chapter
70.30 RCW; adding new sections to chapter 70.28 RCW; creating a new section;
recodifying RCW 70.33.010, 70.33.020, 70.32.010, and 70.33.040; and repealing
RCW 70.28.040, 70.28.050, 70.30.072, 70.32.050, 70.32.060, 70.33.030, and
70.33.060.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature finds that current statutes relating to the reporting, treatment,
and payment for tuberculosis are outdated, and not in concert with current
clinical practice and tuberculosis care management. Updating reporting
requirements for local health departments will benefit providers, local health,
and individuals requiring treatment for tuberculosis.
Sec.
2. RCW
70.28.010 and 1996 c 209 s 1 are each amended to read as follows:
All
practicing ((physicians)) health care providers in the state are
hereby required to report to the local ((boards of)) health ((in
writing, the name, age, sex, occupation and residence)) department cases
of every person having tuberculosis who has been attended by, or who has come
under the observation of ((such physician)), the health care provider
within one day thereof.
Sec.
3. RCW
70.28.020 and 1967 c 54 s 2 are each amended to read as follows:
All
local ((boards of)) health departments in this state are hereby
required to receive and keep a ((permanent)) record, for a period of
ten years from the date of the report, of the reports required by RCW
70.28.010 to be made to them; such records shall not be open to public inspection,
but shall be submitted to the proper inspection of other local health
departments and ((state boards)) of the department of health
alone, and such records shall not be published nor made public.
Sec.
4. RCW
70.28.037 and 1967 c 54 s 7 are each amended to read as follows:
Where
it has been determined after an examination as prescribed ((above,)) in
this chapter that an individual has active tuberculosis, ((and he
resides in a county in which no tuberculosis facility is located,)) upon
application to the superior court by the local health officer, the superior
court ((may)) shall order the sheriff to transport ((said))
the individual to a designated ((tuberculosis)) facility for
isolation, treatment, and care until such time as the ((medical
director of the hospital)) local health officer or designee
determines that ((his)) the patient's condition is such that it
is safe for ((him)) the patient to be discharged from the
facility.
Sec.
5. RCW
70.30.061 and 1973 1st ex.s. c 213 s 1 are each amended to read as follows:
Any
person residing in the state and needing treatment for tuberculosis((,))
may apply in person to the local health officer or to any licensed physician,
advanced registered nurse practitioner, or licensed physician assistant for
examination and if ((such physician)) that health care provider
has reasonable cause to believe that ((said)) the person is
suffering from tuberculosis in any form he or she may apply to the local
health officer or ((tuberculosis hospital director)) designee for
admission of ((said)) the person to an appropriate facility for
the care and treatment of tuberculosis.
Sec.
6. RCW
70.32.010 and 1975 1st ex.s. c 291 s 3 are each amended to read as follows:
Tuberculosis
is a communicable disease and tuberculosis ((control, case finding,))
prevention, treatment, control, and follow up of known cases of
tuberculosis ((represents)) are the basic steps in the ((conquest))
control of this major health problem. In order to carry on such work
effectively in accordance with the standards set by the secretary ((pursuant
to)) under RCW 70.33.020 (as recodified by this act), the
legislative authority of each county shall budget a sum to be used for the
control of tuberculosis, including case finding, prevention, treatment,
and follow up of known cases of tuberculosis. Under no circumstances should
this section be construed to mean that the legislative authority of each county
shall budget sums to provide tuberculosis treatment when the patient has the
ability to pay for the treatment. Each patient's ability to pay for the
treatment shall be assessed by the local health department.
Sec.
7. RCW
70.33.010 and 1991 c 3 s 330 are each amended to read as follows:
The
((following words and phrases shall have the designated meanings in)) definitions
in this section apply throughout this chapter ((and RCW 70.32.010,
70.32.050, and 70.32.060)) unless the context clearly ((indicated)) requires
otherwise:
(1)
"Department" means the department of health;
(2)
"Secretary" means the secretary of the department of health or his or
her designee;
(3)
(("Tuberculosis hospital" and "tuberculosis hospital
facility" refer to hospitals for the care of persons suffering from
tuberculosis;
(4)))
"Tuberculosis control" refers to the procedures administered in the
counties for the control ((and)), prevention, and treatment
of tuberculosis((, but does not include hospitalization)).
Sec.
8. RCW
70.33.020 and 1983 c 3 s 172 are each amended to read as follows:
((From
and after August 9, 1971,)) The secretary shall have responsibility
for establishing standards for the control, prevention, and treatment of
tuberculosis and ((shall have administrative responsibility and control for
all tuberculosis)) hospitals ((facilities)) approved to
treat tuberculosis in the state operated ((pursuant to)) under
this chapter and chapter 70.30 RCW ((70.32.010, 70.32.050, and
70.32.060)) and for providing, either directly or through agreement,
contract, or purchase, ((hospital, nursing home and other))
appropriate facilities and services ((including laboratory services))
for persons who are, or may be suffering from tuberculosis except as otherwise
provided by RCW 70.30.061((, 70.33.020, 70.33.030, and 70.33.040)) or
this section.
((Pursuant
to)) Under that responsibility, the secretary shall have the following
powers and duties:
(1)
To develop and enter into such agreements, contracts, or purchase
arrangements with counties and public and private agencies or institutions to
provide for hospitalization, nursing home, or other appropriate
facilities and services, including laboratory services, for persons who
are or may be suffering from tuberculosis((, or to provide for and maintain
any tuberculosis hospital facility which the secretary determines is necessary
to meet the needs of the state, to determine where such hospitals shall be
located and to adequately staff such hospitals to meet patient care needs));
(2)
((To appoint a medical director for each tuberculosis hospital facility
operated pursuant to this chapter and RCW 70.32.010, 70.32.050, and 70.32.060;
(3)))
Adopt such rules ((and regulations)) as are necessary to assure
effective patient care and treatment((, and to provide for the general
administration)) of tuberculosis ((hospital facilities operated pursuant
to this chapter and RCW 70.32.010, 70.32.050, and 70.32.060)).
Sec.
9. RCW
70.33.040 and 1975 1st ex.s. c 291 s 4 are each amended to read as follows:
In
order to maintain adequate ((tuberculosis hospital facilities and to provide
for adequate hospitalization, nursing home and other appropriate))
facilities and services for the residents of the state of Washington who are or
may be suffering from tuberculosis and to assure their proper care, ((the
standards set by the secretary pursuant to RCW 70.33.020 and 70.32.050 and
70.32.060,)) the legislative authority of each county shall budget annually
a sum to provide such services in the county.
((If
such counties desire to receive state services, they may elect to utilize funds
pursuant to this section for the purpose of contracting with the state upon
agreement by the state for the cost of providing tuberculosis hospitalization
and/or outpatient treatment including laboratory services, or such)) The
funds may be retained by the county for operating its own services for the
prevention and treatment of tuberculosis ((or any other community health
purposes authorized by law)). None of ((such)) the counties
shall be required to make any payments to the state or any other agency from
these funds except ((upon the express consent of the county legislative
authority: PROVIDED, That)) as authorized by the local health
department. However, if the counties do not comply with the ((promulgated))
adopted standards of the department, the secretary shall take
action to provide ((such)) the required services and to charge
the affected county directly for the provision of these services by the state.
NEW
SECTION. Sec. 10. A
new section is added to chapter 70.30 RCW to read as follows:
The
definitions in this section apply throughout this chapter unless the context
clearly requires otherwise.
(1)
"Department" means the department of health.
(2)
"Secretary" means the secretary of the department of health or his or
her designee.
(3)
"Tuberculosis control" refers to the procedures administered in the
counties for the control, prevention, and treatment of tuberculosis.
NEW
SECTION. Sec. 11. (1)
RCW 70.33.010 and 70.33.020 are each recodified as sections in chapter 70.28
RCW.
(2)
RCW 70.32.010 and 70.33.040 are each recodified as sections in chapter 70.30
RCW.
NEW
SECTION. Sec. 12. The
following acts or parts of acts are each repealed:
(1) RCW
70.28.040 and 1899 c 71 s 4;
(2) RCW
70.28.050 and 1967 c 54 s 3 & 1899 c 71 s 5;
(3) RCW
70.30.072 and 1972 ex.s. c 143 s 3;
(4) RCW
70.32.050 and 1971 ex.s. c 277 s 22, 1967 c 54 s 16, 1945 c 66 s
5, & 1943 c 162 s 5;
(5) RCW
70.32.060 and 1971 ex.s. c 277 s 23, 1967 c 54 s 17, 1945 c 66 s
6, & 1943 c 162 s 6;
(6) RCW
70.33.030 and 1983 c 3 s 173, 1973 1st ex.s. c 213 s 3, &
1971 ex.s. c 277 s 17; and
(7) RCW
70.33.060 and 1971 ex.s. c 277 s 20.
NEW SECTION. Sec. 13. 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.
