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AN ACT Relating to hepatitis C-Wash. State
http://www.nationalhepatitiscinstitute.org/FAQ/Information/senate_bill_6603.htm
Senate Bill 6603
Our introduction to the legislative process began in April
2001. I began with the introduction of the Hepatitis C
Virus and its prevalence in the State of Washington and our
country. For far to long this issue has been silent. I
started by presenting ideas and then progressed to Bills I
would like to see enacted. The process took many months
and a lot of false starts. Finally at the last moment we got
Bill 6603.
SENATE BILL 6603
_______________________________________________
State of Washington 57th Legislature 2002 Regular Session
By Senator Kastama
Read first time 01/23/2002. Referred to Committee on Health
& Long-Term Care.
AN ACT Relating to hepatitis C; adding a new section to
chapter 18.79 RCW; adding a new section to chapter 18.205 RCW;
adding a new chapter to Title 70 RCW; and prescribing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec. (1) The department of health
shall develop a state plan for prevention and treatment of
hepatitis C. The plan must include strategies for prevention
and treatment of hepatitis C in specific demographic groups
that are disproportionately affected by hepatitis C, including
persons infected with HIV, veterans, racial or ethnic
minorities that suffer a higher incidence of hepatitis C, and
persons who engage in high risk behavior, such as intravenous
drug use.
(2) In developing the plan, the department shall seek the
input of:
(a) The public, including members of the public that have
hepatitis C;
(b) Each state agency that provides services to persons
with hepatitis C or the functions of which otherwise involve
hepatitis C;
(c) Any advisory body that addresses issues related to
hepatitis C;
(d) Public advocates concerned with issues related to
hepatitis C; and
(e) Providers of services to persons with hepatitis C.
(3) The department shall update the state plan developed
under this section biennially and shall, not later than
October 1st of each even-numbered year, file the state plan
with the governor, lieutenant governor, and speaker of the
house of representatives.
NEW SECTION. Sec. (1) The department shall
develop a program to heighten awareness and enhance knowledge
and understanding of hepatitis C. The department shall:
(a) Conduct a seroprevalence study to estimate the current
and future impact of hepatitis C on the state;
(b) Conduct health education, public awareness, and
community outreach activities to promote public awareness and
knowledge about the risk factors, the value of early
detection, available screening services, and the options
available for the treatment of hepatitis C;
(c) Provide training to public health clinic staff
regarding the treatment, detection, and methods of
transmission of hepatitis C;
(d) Identify to health care providers and employers the
benefits of disease awareness and prevention; and
(e) Develop a prevention program to reduce the risk of
transmission of hepatitis C.
(2) In developing the prevention program required by
subsection (1)(e) of this section, the department may forecast
the economic and clinical impacts of hepatitis C and the
impact of hepatitis C on quality of life. The department may
develop the forecasts in conjunction with an academic medical
center or a nonprofit institution with experience using
disease management prospective modeling and simulation
techniques.
NEW SECTION. Sec. (1) The department shall
establish voluntary hepatitis C testing programs to be
performed at facilities providing voluntary HIV testing under
chapter 70.24 RCW to make confidential counseling and testing
available.
(2) The department may contract with public and private
entities to perform the testing as necessary according to
local circumstances.
(3) The results of a test conducted by a testing program or
department program under this section may not be used for
insurance purposes, to screen or determine suitability for
employment, or to discharge a person from employment.
(4) A person who intentionally violates subsection (3) of
this section is liable to a person injured by the violation.
The injured person may bring a civil action for damages and
may recover for each violation from a person who violates
subsection (3) of this section:
(a) The greater of one thousand dollars or actual damages;
and
(b) Reasonable attorneys' fees.
(5) In addition to the remedies provided by subsection (4)
of this section, the person may bring an action to restrain a
violation or threatened violation of subsection (3) of this
section.
NEW SECTION. Sec. (1) The department shall
develop and offer a training course for persons providing
hepatitis C counseling. The training course must include
information relating to the special needs of persons with
positive hepatitis C test results, including the importance of
early intervention and treatment and recognition of
psychosocial needs.
(2) The department shall maintain a registry of persons who
successfully complete the training course.
(3) The department may charge a fee for the course to
persons other than employees of entities receiving state or
federal funds for hepatitis C counseling and testing programs
through a contract with the department. The department shall
set the fee in an amount necessary to cover the costs of
providing the course.
(4) The department may contract for the training of
counselors.
NEW SECTION. Sec. The secretary of health shall
adopt rules necessary to implement this chapter.
NEW SECTION. Sec. A new section is added to
chapter 18.79 RCW to read as follows:
As part of the continuing competency requirements
established by the commission under RCW 18.79.010, a license
holder shall participate in not less than two hours of
continuing education relating to hepatitis C. This subsection
applies only to a license holder who renews a license on or
after June 1, 2003. The commission shall recognize, prepare,
or administer a hepatitis C training component for use in
continuing education for license holders under this section.
The training component must provide information relating to
the prevention, assessment, and treatment of hepatitis C.
NEW SECTION. Sec. A new section is added to
chapter 18.205 RCW to read as follows:
(1) The continuing competency requirements established by
the secretary under RCW 18.205.060 must include six hours of
training relating to hepatitis C during each two-year
licensing period.
(2) The secretary shall recognize, prepare, or administer a
training component that satisfies the requirement of
subsection (1) of this section for use in continuing education
for chemical dependency professionals.
(3) The training component must address hepatitis C in the
context of chemical dependency counseling and must provide
information relating to the special needs of persons with
positive test results, including the importance of prevention,
early intervention, and treatment and recognition of
psychosocial needs. The training component must prepare a
chemical dependency counselor to provide appropriate
information to educate clients about hepatitis C.
NEW SECTION. Sec. Sections 1 through 5 of this
act constitute a new chapter in Title 70 RCW.
--- END ---
The Bill Summary as prepared by Senate Staff:
The Department of Health must develop a state plan for the
prevention and treatment of hepatitis C and develop a program
awareness, knowledge, and understanding of the disease.
The Department must also establish voluntary hepatitis C
testing programs and develop and offer a training course for
persons providing hepatitis C counseling. Nurses and
chemical dependency professionals are required to participate
in continuing education relating to hepatitis C.
The Fiscal Note is as follows:
www.ofm.wa.gov
and type in 6603 in the Bill number slot and hepatitis C in
the title slot. This should take you to the site www.ofm.wa.gov/fns/
. Fiscal Note is 6 pages.
Here is a summary:
The cost in 2003 would be 2,306,000. The cost in
2003-2005 would be 4,643,000 and the cost in 2005-2007 would
be 4,366,000. The yearly
cost for testing would be 1,707,000.
We are working on this number
because we believe we can get it reduced down. You can
contact me on the particulars.
The Health Department believes the measures necessary to
comply with Bill 6603 would go like this:
SECTION ONE
1. Develop a state plan for prevention and treatment
of Hepatitis C Virus and (2) Establish a planning advisory committee as
prescribed.
SECTION TWO
1. (a) Conduct a seroprevalence survey to estimate
current and future impact.
(b) Conduct health education,
public awareness and outreach.
(c) Train public health clinic
staff
(d) Inform health care providers
and employers
(e) Develop a prevention program
to reduce the risk of Hepatitis C Virus transmission
2. Department may forecast economic costs and impact
on quality of life. May contract for assistance with
these reports. This study is not mandated, so costs are
not calculated.
SECTION THREE
1. Establish Hepatitis C Virus testing at HIV counseling and
testing sites. (WE DO NOT
AGREE WITH THIS MEASURE. We can work on this and will.)
SECTION FOUR
1. Provide training for persons providing counseling
for Hepatitis C Virus and
2. Maintain a registry of persons successfully
trained
SECTION FIVE
1. Adopt necessary rules for implementation
SECTION SIX
1. Nursing commission to establish continuing
education requirements for Hepatitis C Virus.
SECTION SEVEN
1. Department to establish continuing education
requirements for chemical dependency counselors.
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