Washington Administrative Code › Title 246 - Health, Department of › COMMUNICABLE DISEASES › Chapter 246-100 - Communicable and certain other diseases › Section 246-100-206 - Blood-borne pathogen exposure-Local jail facilities

Current through Register Vol. 24-14, July 15, 2024
Jail administrators, with the approval of the local public
				  health officer, may order blood-borne pathogen testing of a jail detainee in
				  accordance with
				  RCW
				     70.24.360, if the local health officer
				  determines that the detainee's behavior exposed the staff, other detainees, the
				  general public, or other persons and the exposure presents a possible risk of
				  transmitting a blood-borne pathogen.
(1) For purpose of this section, "exposure
				presenting possible risk" means one or more of the activities identified in
				Column A of Table 1 resulting in one or more of the outcomes identified in
				Column B of Table 1.
TABLE 1. "Exposure Presenting Possible Risk" - One or
				  more of the activities in Column A resulting in one or more of the outcomes in
				  Column B
COLUMN A. Activities
COLUMN B. Outcomes
* Anal, oral, or vaginal intercourse without a latex
							 or plastic condom, excluding conjugal visits; or
* Physical assault; or
* Sharing of injection equipment or sharp implements;
							 or
* Throwing or smearing of blood, semen, or vaginal
							 fluid
* Introduction of blood, semen, or vaginal fluids, or
							 some combination of these, into a musous membrane; or
* A needle puncture or penetrating wound resulting in
							 explosure to blood, seme, or vaginal fluids, or some combination of
							 these
(2)
				Jail administrators may order blood-borne pathogen testing only under the
				following conditions:
(a) The jail
				administrator documents and reports to the local health officer, within seven
				days after the incident, any incident resulting in "exposure presenting
				possible risk"; and
(b) The local
				health officer:
(i) Determines the documented
				behavior or behaviors meet the criteria established in this section for
				behaviors presenting a "possible risk"; and
(ii) Interviews the detained person to
				evaluate the factual basis for alleged behavior; and
(iii) Makes a fact determination, based upon
				the documented behavior, the interview with the detained person, or independent
				investigation, or any combination of these, that sufficient factual evidence
				exists to support the allegation that the detainee's behavior resulted in
				exposure presenting possible risk of transmitting a blood-borne pathogen;
				and
(iv) Arranges for testing of
				the person who is the source of the exposure to occur within seven days of the
				request from the jail administrator; and
(v) Reviews with the detained person who is
				the source of the exposure the documentation of the behavior to try to assure
				understanding of the basis for blood-borne pathogen testing; and
(vi) Provides written approval of the jail
				administrator's order prior to blood-borne pathogen testing.
(c) The jail administrator
				maintains blood-borne pathogen test results and identity of the tested person
				as a confidential, nondisclosable record, consistent with chapter 70.02
				RCW.