WSR 98-02-074

PROPOSED RULES

DEPARTMENT OF CORRECTIONS

[Filed January 7, 1998, 11:08 a.m.]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Occupational exposure in jail settings.

Purpose: To establish procedures necessary for assuring effective communication required between health officials and correctional and jail administrators in the event of substantial exposure to the bodily fluids of an offender or detainee in the course of official duties.

Statutory Authority for Adoption: Section 6, chapter 345, Laws of 1997.

Statute Being Implemented: Section 6, chapter 345, Laws of 1997.

Summary: This rule directs local jail administrators and health officials in carrying out the provisions of chapter 345, Laws of 1997.

Reasons Supporting Proposal: This agency is charged with the responsibility of implementing chapter 345, Laws of 1997.

Name of Agency Personnel Responsible for Drafting and Implementation: Gary Banning, P.O. Box 41114, Olympia, WA 98504-1114, (360) 753-5770; and Enforcement: Burl Hook, P.O. Box 41103, Olympia, WA 98504-1103, (360) 753-4845.

Name of Proponent: Washington State Department of Corrections, Office of Administrative Services, Human Resources, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The rule directs local jail administrators and health officials in carrying out the provisions of chapter 345, Laws of 1997. The rule will require the establishment of local interagency agreements. Local jails will be required to submit changes in communicable disease policies and procedures to local health departments for review and comment. The rules are also for the purpose of establishing procedures necessary to assure effective communications required between health officials and correctional and jail administrators in the event a correctional or jail staff member is substantially exposed to the bodily fluids of an offender in the course of official duties. The rules also require certain reports to be submitted to the Department of Health.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule is exempt from this requirement under RCW 19.85.025(2) because it qualifies under RCW 34.05.310 (4)(b).

RCW 34.05.328 does not apply to this rule adoption. Section 201, chapter 403, Laws of 1995 does not apply to the adoption of this rule. The rule does not subject a person to penalty or sanction, does not establish, alter, or revoke a qualification or standard for licensure, and does not make significant amendment to a policy or regulatory program. The rule establishes the process for local health officials and local jail administrators to implement the requirements of chapter 345, Laws of 1997.

Hearing Location: Department of Corrections, Capital Center Building, 410 West 5th, 9th Floor Training Room, Olympia, WA, on February 12, 1998, at 1:30 p.m.

Assistance for Persons with Disabilities: Contact Marilyn Varpness by January 22, 1998, (360) 753-5770.

Submit Written Comments to: Gary Banning, FAX (360) 664-2009, by January 27, 1998.

Date of Intended Adoption: After June 27, 1998.

January 5, 1998

Joseph D. Lehman

Secretary

OCCUPATIONAL EXPOSURE TO HUMAN IMMUNODEFICIENCY VIRUS (HIV)

NEW SECTION [AMENDATORY SECTION (Amending WSR 97-24-052, filed 11/26/97, effective 10/24/97)]

WAC 137-100-001 Purpose. The purpose of this chapter shall be to insure coordination of the provisions of SHB 1605, RCW 70.24.105, 70.24.340, 70.24.370 and 72.09 by the department of corrections and the department of health.

[97-24-052, 137-100-001, filed 11/26/97, effective 10/24/97.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

NEW SECTION [AMENDATORY SECTION (Amending WSR 97-24-052, filed 11/26/97, effective 10/24/97)]

WAC 137-100-010 Definitions. The following definitions shall apply in the interpretation and enforcement of Chapter 137-100 WAC:

(1) Correctional staff member means a department of corrections employee, an individual providing services under contract to the department, and volunteers.

(2) Department means the department of corrections.

[97-24-052, 137-100-010, filed 11/26/97, effective 10/24/97.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

NEW SECTION [AMENDATORY SECTION (Amending WSR 97-24-052, filed 11/26/97, effective 10/24/97)]

WAC 137-100-020 Medical records available. The department will make available an offenders sexually transmitted disease status to any correctional staff member who has experienced a substantial exposure by that offender. Should such records be nondiscloseable, the department shall counsel the correctional staff member how to receive that information. This process shall be facilitated by the health care manager or infection control coordinator.

[97-24-052, 137-100-020, filed 11/26/97, effective 10/24/97.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

NEW SECTION [AMENDATORY SECTION (Amending WSR 97-24-052, filed 11/26/97, effective 10/24/97)]

WAC 137-100-030 Request for records - by correctional staff members. A request for test results shall be made in writing. At a minimum, the request shall include:

(1) Name of the person requesting the record;

(2) Nature of the exposure, including date and time;

(3) Name of the offender; and

(4) DOC number of the offender, if known.

In addition, the request shall be accompanied by a copy of the report of personal injury (form DOC 3-133) and a Post-Exposure Incident Report (form 3-184) which outlines the circumstances and results of the exposure incident.

[97-24-052, 137-100-030, filed 11/26/97, effective 10/24/97.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

NEW SECTION

WAC 137-100-040 Request for records - Interagency Information may be released by the department to outside agencies to facilitate requested records. Requests from outside agencies shall be submitted to the department.