WSR 97-17-080

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF HEALTH

[Filed August 19, 1997, 11:25 a.m.]

Subject of Possible Rule Making: Rules governing HIV/AIDS, especially those adopted in direct response to the AIDS Omnibus Law of 1988.

Statutes Authorizing the Agency to Adopt Rules on this Subject: The following sections of chapter 70.24 RCW provide authority: RCW 70.24.130 and 70.24.380.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The legislature directed the Board of Health to adopt rules on HIV/AIDS. The HIV/AIDS epidemic has changed over the past decade, ranging from the anticipated peaking of anticipated AIDS cases to the gratifying advances in medical therapy which interrupt vertical transmission of HIV infection and now slow progression of disease. This review is intended to assure rules are consistent with current public health needs and priorities.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Federal: Department of Health and Human Services - Process of coordination generally involves (1) commenting on proposed federal rules and (2) revising state rules in response to federal legislation/rules. State: Other state agencies such as the Department of Social and Health Services, the Office of the Superintendent of Public Instruction, and the Department of Labor and Industries may have rules regarding HIV/AIDS, but generally those are quite limited and specific to the population they serve.

Process for Developing New Rule: (1) Existing HIV/AIDS mailing lists and publications such as the Washington State Responds will be used to notify stakeholders that the Department of Health is interested in receiving comments on rules that should be amended. These lists include local health jurisdictions, community-based organizations, and others.

(2) As pre-preparation, comments have already been solicited from local health jurisdictions.

(3) The Department of Health staff will review all comments received and conduct an internal review. Based on this input, specific changes to WAC will be proposed, and public meetings held starting in the first quarter of 1998.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting John Peppert, Office of HIV/AIDS Prevention and Education, Washington State Department of Health, P.O. Box 47840, Olympia, WA 98504-7840, phone (360) 586-0427, FAX (360) 586-5525.

August 18, 1997

S. I. Beck

Executive Director