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“The only thing necessary for these diseases to the triumph is for good people and governments to do nothing.”

    


 

S-3286.3   _______________________________________________
 
                          SENATE BILL 6603
           _______________________________________________
 
State of Washington   57th Legislature           2002 Regular Session
 
By Senators Kastama, Kline and Thibaudeau
 
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.  (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. 2.  (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. 3.  (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. 4.  (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. 5.  The secretary of health shall adopt
rules necessary to implement this chapter.
 
    {+ NEW SECTION. +}  Sec. 6.  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. 7.  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. 8.  Sections 1 through 5 of this act
constitute a new chapter in Title 70 RCW.