A milk bank must screen a milk donor consistent with the requirements of this section in order to register with the department.

(1) A milk bank must screen a milk donor prior to their first milk donation including, but not limited to:

(a) A donor must be screened verbally or in writing and provided educational materials. Screenings must be conducted in the language in which the donor is most comfortable communicating whenever possible. Educational materials provided to milk donors must also be written in the language of the milk donor's choice.

(b) A milk bank must serologically screen a potential milk donor for human immunodeficiency virus (HIV)-1 and -2, human T-lymphotropic virus (HTLV)-1 and -2, hepatitis C, hepatitis B, and syphilis.

(c) As part of the screening process, a milk bank must instruct a milk donor about situations in which they must temporarily or permanently discontinue donation and report such situations to the milk bank.

(2) A milk bank must prohibit a milk donor from donating milk temporarily or permanently if any of the following situations apply. The milk donor:

(a) Consumes any product that contains tobacco or nicotine within 30 days of milk donation;

(b) Consumes any product that contains cannabis or cannabidiol (CBD) at any time if they wish to donate milk;

(c) Consumes recreational drugs at any time if they wish to donate milk;

(d) Is at risk of developing Creutzfeldt-Jakob disease (CJD) or must defer travel related to CJD risk. A person who is at risk of developing CJD is not eligible to donate milk under this chapter;

(e) Receives a positive serological test result for HIV-1 or -2, HTLV-1 or -2, hepatitis B or C, or syphilis. The milk donor may donate milk after receiving a negative serological test for any of these viruses;

(f) Uses medications which are determined by a medical advisory council or a medical director qualified in pharmacology to be contraindicated during lactation;

(g) Has received a blood transfusion within the last 90 days;

(h) Is at risk for contracting a bloodborne illness;

(i) Has undergone any procedure within the last six months using nonsterile needles, equipment, or dyes (e.g., piercings, tattoos, acupuncture, permanent makeup, microblading, or microneedling);

(j) Has undergone an organ or tissue transplant within the past 90 days. If the donor is receiving immunosuppressive therapy, a medical advisory board or medical director must determine if the donor is eligible to donate milk;

(k) Practices a vegan diet and does not supplement their diet with vitamin B-12 (cobalamin);

(l) Has consumed one unit of alcohol within six hours (360 minutes) of milk expression for donation. If a milk donor has consumed two units of alcohol, then the donor must wait a total of 12 hours (720 minutes) prior to milk expression for donation. Daily alcohol intake may require permanent suspension of milk donation to ensure donor milk safety.

(3) A milk bank must communicate with each milk donor at least every two months during the donation period to update changes in the donor's health, medical status, medications, tobacco use, and recreational drug use.

(4) All information pertaining to donor screening, including written and verbal communication with donors, comply with the Washington state's Uniform Health Care Information Act (chapter 70.02 RCW) and applicable federal health care information privacy laws.