WSR 04-24-084



[ Filed December 1, 2004, 8:55 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-13-157.

Title of Rule and Other Identifying Information: Chapter 246-140 WAC, Defining blood-borne pathogens, the rule is the result of legislation (chapter 40, Laws of 2004) passed during the 2004 legislative session. This rule definition is consistent with the definition used by the Department of Labor and Industries in WAC 296-826-200.

Hearing Location(s): Department of Health, Point Plaza East, 310 Israel Road, Room 131a, Tumwater, WA 98501, on January 5, 2005, at 1 p.m. to 2 p.m.

Date of Intended Adoption: February 1, 2005.

Submit Written Comments to: John F. Peppert, P.O. Box 47840, Olympia, WA 98504-7840, e-mail, fax (360) 236-3427.

Assistance for Persons with Disabilities: Contact Harla Eichenberger by December 27, 2004, TTY (800) 833-6388 or (360) 236-3424.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This is a new rule defining blood-borne pathogens. DSHS must use this definition when placing a child in out-of-home care. If DSHS knows that the child is infected with a blood-borne pathogen, it must notify the out-of-home provider of the specific blood-borne pathogen.

The rule will help provide consistency in the information provided to out-of-home care providers by DSHS. Out-of-home care providers will then be able to seek appropriate medical care for the child.

Reasons Supporting Proposal: The rule is necessary to comply with 2004 legislative requirements. The intent is to ensure that the health and well-being of both infants in foster care and families providing for their care are protected.

Statutory Authority for Adoption: RCW 74.13.289.

Statute Being Implemented: RCW 74.13.289.

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

Name of Proponent: Washington State Department of Health, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: John F. Peppert, 7211 Cleanwater Lane, Building 9, Tumwater, WA 98501, (360) 236-3427.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The Department of Health has reviewed this proposal and has determined that no small business economic impact statement is required because the rule does not affect any small businesses, it affects government operations only.

A cost-benefit analysis is not required under RCW 34.05.328. Per RCW 34.05.328 (5)(b)(ii), cost-benefit analysis is not required for rules relating only to internal governmental operations that are not subject to violation by a nongovernment party.

M. C. Selecky



Chapter 246-140 WAC


WAC 246-140-001   Purpose.   These regulations define the term "blood-borne pathogens" solely for use by the department of social and health services when placing a child in out-of-home care pursuant to RCW 74.13.289.


WAC 246-140-010   Definition.   The term "blood-borne pathogen" means pathogenic microorganisms that are present in human blood and can cause disease in humans including: Arboviral infections; babesiosis; brucellosis; Creutzfeldt-Jakob disease; hepatitis B virus (HBV); hepatitis C virus (HCV); human immunodeficiency virus (HIV); human T-lymphotrophic virus Type I; leptospirosis; malaria; relapsing fever; syphilis; viral hemorrhagic fever.


WAC 246-140-020   Disclosure of information.   Disclosure of information related to HIV and other sexually transmitted diseases must be in accordance with RCW 70.24.105.


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