A person who has experienced a substantial exposure to another person's bodily fluids in a manner that presents a possible risk of transmission of HIV, and who is exposed while engaged in a category of employment determined to be at risk of substantial exposure to HIV, may ask a state or local health officer to order pretest counseling, HIV testing, and post-test counseling of the person who was the source of the bodily fluids in accordance with RCW 70.24.340
(1) Substantial exposure that presents a possible risk of transmission shall be limited to:
(a) A physical assault upon the exposed person involving blood or semen;
(b) Intentional, unauthorized, nonconsensual use of needles or sharp implements to inject or mutilate the exposed person; or
(c) An accidental parenteral or mucous membrane or nonintact skin exposure to blood, semen, or vaginal fluids.
(2) The alleged exposure must have occurred on the job while the individual was employed or acting as an authorized volunteer in one of the following employment categories that are at risk of substantial exposure to HIV:
(a) Law enforcement officer;
(c) Health care provider;
(d) Staff of health care facilities;
(e) Funeral director; or
(3) The health officer shall:
(a) Determine that the alleged exposure meets the criteria established in this section for substantial exposure that presents a possible risk of transmission; and
(b) Ensure that pretest counseling of the individual to be tested, or a legal representative, occurs; and
(c) Arrange for testing of the individual who is the source of the exposure to occur within seven days of the request from the person exposed; and
(d) Ensure that records on HIV testing ordered by a health officer are maintained only by the ordering health officer.
(4) The health officer, as a precondition for ordering counseling and testing of the person who was the source of the bodily fluids, may require that the exposed individual agree to be tested for HIV if such testing is determined appropriate by the health officer.
(5) This section does not apply to the department of corrections or to inmates in its custody or subject to its jurisdiction.
[Statutory Authority: RCW 70.24.130
and 70.24.380. WSR 05-11-110, § 246-100-205, filed 5/18/05, effective 6/18/05.]