WSR 08-21-034



[ Filed October 8, 2008, 8:47 a.m. ]

Subject of Possible Rule Making: WAC 246-100-011, 246-100-072, 246-100-207, 246-100-208 and 246-100-209, revising the HIV rules for counseling and testing. Other revisions may be needed to clarify and eliminate dated or unnecessary provisions.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.24.380, 70.24.022, 70.24.130.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: These revisions will make state rules more consistent with Centers for Disease Control and Prevention (CDC) recommendations for routine HIV counseling and testing. Current rules impede public health and health care provider's implementation of CDC recommendations. Revising rules will reduce barriers to HIV testing, likely increase the proportion of individuals tested and know their status, enable the public health officials to directly contact individuals diagnosed with HIV infection and offer partner notification services, resulting in more exposed partners aware of their exposure and who are tested for HIV. Other revisions may clarify or eliminate dated or unnecessary provisions.

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 Centers for Disease Control and Prevention periodically issues recommendations and guidance for HIV counseling and testing and partner notification

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 (1) John F. Peppert, Director, Office of Infectious Disease and Reproductive Health, Washington State Department of Health, P.O. Box 47844, phone (360) 236-3427, fax (360) 586-5440, e-mail; or (2) Ned Therien, Health Policy Analyst, Washington State Board of Health, P.O. Box 47990, phone (360) 236-4103, fax (360) 236-4088, e-mail

October 6, 2008

Craig McLaughlin

Executive Director

Washington State Code Reviser's Office