Subject of Possible Rule Making: Revise chapter 246-101 WAC, Notifiable conditions, to (a) retain confidential asymptomatic HIV cases by name and (b) expand HIV laboratory test reporting. Requirements to convert names to code and the designation of certain values of CD4s and viral loads as reportable are contained in this chapter. WAC sections included in revision are WAC 246-101-201, 246-101-520, and 246-101-635.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.24.125 Reporting requirements for sexually transmitted disease.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Washington may lose federal funding if the rules are not changed. (a) FFY 07 Ryan White Act funding is based on HIV cases reported to the Centers for Disease Control and Prevention (CDC). Washington's current name-based reporting system requires conversion of name to code within ninety days of a report and the CDC does not accept our data because of this conversion. (b) The Council of State and Territorial Epidemiologists recommends that states require reporting of all HIV related lab tests. This revision will allow more complete ascertainment of all HIV cases, reliably portray our state epidemic and assure that Washington does not lose HIV care funding.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other state or federal agency has rules that regulate this subject. However, the federal CDC establishes policies for HIV reporting - including a policy to accept only HIV case surveillance data collected, reported, and maintained in state/local HIV/AIDS surveillance systems using confidential name-based methods.

     Process for Developing New Rule: Collaborative rule making. The board and the department will work together and consult with interested public and private groups, associations and others to develop the proposed rule. Open stakeholder meetings will be held prior to the official rules hearing.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting John Peppert, Manager HIV Prevention, Washington State Department of Health, P.O. Box 47840, phone (360) 236-3427, fax (360) 236-3400, e-mail john.peppert@doh.wa.gov; or Craig McLaughlin, Executive Director, Washington State Board of Health, P.O. Box 47990, phone (360) 236-4106, fax (360) 236-4088, e-mail craig.mclaughlin@doh.wa.gov.

November 22, 2005

Craig McLaughlin

Executive Director