PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: Review of chapter 246-100 WAC which describes standards for AIDS counseling, pretest counseling, and post test counseling associated with HIV testing.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.24.380 Board of health -- Rules for counseling and testing.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Existing standards for HIV related counseling in chapter 246-100 WAC were adopted in 1988. Since that time, recommendations for HIV testing and counseling have evolved. Rule changes are necessary to assure these standards are consistent with current medical science, public health practice, federal recommendations, and community needs. Updating the standards will facilitate HIV testing where there is a medical need and better focus prevention counseling toward those with behavioral risk factors.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: DASA is responsible for regulating drug treatment programs under chapter 69.54 RCW. RCW 70.24.095 requires AIDS counseling to be provided to each person in treatment. Standards for AIDS counseling adopted by the board will impact those drug treatment providers. DASA will be given opportunity to comment on proposed rule changes. The federal Centers for Disease Control has issued recommendations for HIV counseling and testing and these will be considered in the proposed rule changes.
Process for Developing New Rule: Mailings, meetings and a board hearing will allow for public input. Existing meetings of groups such as the Governor's Advisory Council on HIV/AIDS, the AIDSNet Council, and the HIV prevention community-planning group will be used to solicit comments. Special meetings will be held on both the east side and west side of the state.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting: Primary - John Peppert, HIV Prevention Program, P.O. Box 47840, Olympia, WA 98504-7840, phone (360) 236-3427, fax (360) 236-3400, e-mail john.peppert@doh.wa.gov. Secondary - Laurie James, HIV Prevention Program, P.O. Box 47840, Olympia, WA 98504-7840, phone (360) 236-3487, fax (360) 236-3400, e-mail laurie.james@doh.wa.gov, or Don R. Sloma, Board of Health Executive Director, P.O. Box 47990, Olympia, WA 98504-7990, phone (360) 236-4102, e-mail don.sloma@doh.wa.gov. The State Board of Health and the Department of Health will devise a stakeholder review team to examine and comment upon all input to the review process, as well as devise multiple meetings among interested parties to solicit input into the review. All of these processes will be publicized to insure adequate comments to the review.
April 2, 2001
Don R. Sloma
Executive Director