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: RCW 70.24.107.

Adopted under notice filed as WSR 98-02-074 on January 7, 1998.

Changes Other than Editing from Proposed to Adopted Version: Proposed WAC 137-100-040 was not adopted. The department does not have this authority. WAC sections have been renumbered to reflect the department's repeal of WAC 137-100-001, 137-100-010, 137-100-020, and 137-100-030 filed November 26, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

July 14, 1998

Joseph D. Lehman

Secretary

OCCUPATIONAL EXPOSURE TO HUMAN IMMUNOCDEFICIENCY VIRUS (HIV)

Reviser's note: The spelling error in the above material occurred in the copy filed by the Department of Corrections and appears in the Register pursuant to the requirements of RCW 34.08.040.

NEW SECTION

WAC 137-100-002  Purpose. The purpose of this chapter shall be to insure coordination of the provisions of SHB 1605, RCW 70.24.105, RCW 70.24.340, RCW 70.24.370 and chapter 72.09 RCW by the department of corrections and the department of health.

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NEW SECTION

WAC 137-100-011  Definitions. The following definitions shall apply in interpreting this chapter:

(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.

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NEW SECTION

WAC 137-100-021  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 advise the correctional staff member of the process to receive that information. This process shall be facilitated by the health care manager or infection control coordinator.

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NEW SECTION

WAC 137-100-031  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.

The request shall be accompanied by a copy of the report of personal injury (form DOC 3-133) and a post-exposure incident report (DOC form 3-184) outlining the circumstances and results of the exposure incident.

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