Washington Administrative Code

At the conclusion of the hearing or by a date specified by the presiding officer, the presiding officer may require each party to submit to the presiding officer proposed findings of fact and conclusions of law and a proposed order.[Statutory Authority: RCW 43.70.040. WSR 94-04-0…

If the adjudicative proceeding is conducted by a presiding officer or review officer authorized to make the final decision, the presiding officer or review officer shall:(1) Issue a final order containing findings of fact and conclusions of law and an order; and(2) Cause the adju…

(1) The order shall be based on the kind of evidence upon which reasonably prudent persons are accustomed to rely in the conduct of their affairs.(2) In all cases involving an application for license the burden shall be on the applicant to establish that the application meets all…

(1) When two or more applications for adjudicative proceeding involve a similar issue, the applications may be consolidated by the presiding officer and the hearings conducted together. The presiding officer may consolidate on his/her own motion or upon the request of a party.(2)…

If the adjudicative proceeding is conducted by a presiding officer who is not authorized to make the final decision, the presiding officer shall:(1) Issue an initial order containing proposed findings of fact, conclusions of law, and a proposed order;(2) Cause the adjudicative cl…

(1) Any party may file a written petition for administrative review of an initial order issued under WAC 246-10-503 or 246-10-608 stating the specific grounds upon which exception is taken and the relief requested.(2) The secretary, upon his or her own motion, may petition for ad…

(1) Prior to an initial order becoming a final order, any party may file a request with the presiding officer who issued the initial order seeking clarification of a term of the initial order or correction of a clerical error.(2) The request for clarification or correction must b…

(1) The form and content of final orders:(a) Must contain findings of fact, conclusions of law, and an order, and must be signed by the presiding officer or review officer.(b) May adopt by reference the initial order in whole or in part.(c) May modify or revise the initial order …

No final order will be stayed except by its own terms or by order of a court of competent jurisdiction.[Statutory Authority: RCW 43.70.040. WSR 93-13-005 (Order 369), § 246-10-703, filed 6/3/93, effective 7/4/93.]

(1) Within ten days of service of a final order, either party may file a petition for reconsideration, stating the specific grounds upon which reconsideration is requested and the relief requested.(2) Grounds for reconsideration are limited to:(a) Specific errors of fact or law; …

(1) The department shall maintain an official record of each adjudicative proceeding.(2) The record shall include:(a) Notices of all proceedings;(b) Any prehearing order;(c) Any motions, pleadings, briefs, petitions, and requests filed, and rulings thereon;(d) Evidence received o…

(1) Judicial review of actions taken under this chapter shall be as provided in RCW 34.05.510, et seq.(2) Notice of the opportunity for judicial review shall be provided in all final orders.(3) Following a petition for judicial review, the record forwarded to the reviewing court …

(1) A party may petition to vacate a default order entered against that party for failing to attend an adjudicative proceeding requested by that party for good cause. The requesting party shall:(a) Specify the grounds relied upon in the petition; and(b) File the petition at the a…

(1) If the disciplining authority alleges failure to comply with a disciplinary order, the department may file a motion for hearing with the adjudicative clerk's office and serve a copy on the respondent.(2) Upon receipt of the motion, the adjudicative clerk's office shall issue …

The following rules and regulations are adopted under the authority of chapter 43.20 RCW to protect the health and well-being of the public by controlling communicable and certain other diseases.[Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-…

The definitions in this section apply throughout chapter 246-100 WAC unless the context clearly requires otherwise:(1) "Anonymous HIV testing" means that the name or identity of the person tested for HIV will not be recorded or linked to the HIV test result.(2) "Blood-borne patho…

Every health care provider, as defined in chapter 246-100 WAC, shall:(1) Provide adequate, culturally and linguistically appropriate, and understandable instruction in control measures designed to prevent the spread of disease to:(a) Each patient with a communicable disease under…

(1) The local health officer shall establish, in consultation with local health care providers, health facilities, emergency management personnel, law enforcement agencies, and any other entity they deem necessary, plans, policies, and procedures for instituting emergency measure…

(1) At his or her sole discretion, a local health officer may issue an emergency detention order causing a person or group of persons to be immediately detained for purposes of isolation or quarantine in accordance with subsection (3) of this section, or may petition the superior…

The local health officer shall adhere to the following conditions and principles when isolating or quarantining a person or group of persons in accordance with WAC 246-100-040:(1) Isolation or quarantine must be by the least restrictive means necessary to prevent the spread of a …

(1) Entry into isolation or quarantine premises shall be restricted under the following conditions:(a) The local health officer may authorize physicians, health care workers, or others access to individuals in isolation or quarantine pursuant to WAC 246-100-040 as necessary to me…

Any person or group of persons isolated or quarantined pursuant to this chapter may seek relief from the superior court.(1) Any person or group of persons detained by order of a local health officer pursuant to WAC 246-100-040(3) may apply to the court for an order to show cause …

A person or group of persons isolated or quarantined pursuant to WAC 246-100-040 has a right to be represented by counsel if they so elect. If such person or group requests counsel and cannot afford counsel, the court shall appoint counsel consistent with the provisions of chapte…

In any proceedings brought pursuant to this chapter, to promote the fair and efficient operation of justice and having given due regard to the rights of affected persons, the severity of the threat to the public's health, and the availability of necessary witnesses and evidence, …

(1) An order issued by a local health officer in accordance with this chapter shall constitute the duly authorized application of lawful rules adopted by the board and must be enforced by all police officers, sheriffs, constables, and all other officers and employees of any polit…

(1) A local health officer or authorized representative shall:(a) Within three working days of receipt of a report of a previously unreported case of HIV infection, attempt to contact or obtain information from the principal health care provider to:(i) Seek input on the best mean…

Health care facilities shall:(1) Adopt written policy and procedures restricting work of employees, staff, students, and volunteers diagnosed to have a communicable disease from direct contact with patients, residents, and recipients of care during the period of communicability w…

(1) The purpose of this rule is to protect the public from acquiring diseases transmissible by animals and animal products.(2) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise:(a) "Carapace" means a hard bony outer cov…

(1) The purpose of this rule is to protect the public from diseases transmitted to humans from animals in public settings.(2) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise:(a) "Animal exhibitor" means a person with …

(1) The purpose of this rule is to protect the public from rabies, a deadly disease.(2) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise:(a) "Adequate anamnestic response" means paired serum specimens that show a two f…

(1) The purpose of this rule is to protect the public from psittacosis.(2) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise:(a) "Avian chlamydiosis" means a bacterial infection of birds caused by Chlamydophila psittaci…

(1) Health care providers shall:(a) Report each case of notifiable sexually transmitted infection as required in chapter 246-101 WAC;(b) At each medical encounter, when providing treatment for an infectious sexually transmitted infection, provide education, appropriate to each pa…

(1) When a state or local health officer within their jurisdiction, concludes an investigation and determines that a person has an STI, their behavior occurred during an infectious period and was sufficient to transmit infection, and continues to engage in specified behavior that…

(1) When the requirements in RCW 70.24.024 have been exhausted, and the state or local public health officer, within their respective jurisdiction, knows or has reason to believe, because of medical information, that a person has a sexually transmitted disease and that the person…

For the purpose of RCW 49.60.172 concerning the absence of HIV or hepatitis C infection as a bona fide occupational qualification only, "significant risk" means a job qualification which requires person-to-person contact likely to result in direct introduction of blood into a muc…

A person who has experienced an exposure to another person's bodily fluids in a manner that presents a possible risk of transmission of blood-borne pathogens, and who is exposed while engaged in a category of employment determined to be at risk of substantial exposure to blood-bo…

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 gener…

(1) For purposes of RCW 70.24.370, an exposure that presents a "possible risk of transmission of a blood-borne pathogen" means one or more of the activities identified in Column A of Table 2 resulting in one or more of the outcomes identified in Column B of Table 2.TABLE 2. "Poss…

(1) Except for persons ordering or prescribing a blood-borne pathogen test for another person under subsections (3) and (4) of this section, any person ordering or prescribing a blood-borne pathogen test for another person if the test is positive for or suggestive of blood-borne …

(1) Health care providers diagnosing or caring for a person with tuberculosis, whether pulmonary or nonpulmonary, shall:(a) Report the case to the local health officer or local health jurisdiction in accordance with the provisions of this chapter, and(b) Report patient status to …

(1) The purpose of this chapter is to provide critical information to public health authorities to aid them in protecting and improving the public's health through prevention and control of infectious and noninfectious conditions. Public health authorities use the information gat…

The definitions, abbreviations, and acronyms in this section apply throughout this chapter unless the context clearly requires otherwise:(1) "Animal case" means an animal, alive or dead, with a diagnosis or suspected diagnosis of a notifiable condition in Table Agriculture-1 of W…

(1) Health care providers and health care facilities shall include the patient's ethnicity as defined in subsection (4) of this section, the patient's race as defined in subsection (5) of this section, and the patient's preferred language as defined in subsection (6) of this sect…

(1) For notifiable conditions in this chapter, the state health officer may request additional data components to be submitted with each case report, laboratory report, specimen submittal, investigation report, outbreak report, or animal case report; submission of additional labo…

(1) For the purposes of this section:(a) "Local health jurisdiction" means where the patient resides, or, in the event the patient's residence cannot be determined, the local health jurisdiction in which the patient received treatment.(b) "Unexplained critical illness or death" m…

(1) Unless a health care facility has assumed the notification duties of the principal health care provider under subsection (4) of this section, the principal health care provider shall submit case reports:(a) To the required public health authority under Table HC-1 of WAC 246-1…

Health care providers and health care facilities shall:(1) Submit a case report for each case under Table HC-1 of WAC 246-101-101, 246-101-115, and this section by secure electronic data transmission;(2) Submit a case report to the department instead of the local health jurisdict…

(1) Health care providers and health care facilities shall provide the following information in each case report:(a) Patient's first and last name;(b) Patient's physical address including zip code;(c) Patient's date of birth;(d) Patient's sex;(e) Patient's ethnicity, as required …

(1) Health care providers, health care facilities, and health care facility personnel shall maintain the confidentiality of patient health care information consistent with chapter 70.02 RCW and any other applicable confidentiality laws.(2) Health care providers and health care fa…

An individual or entity including, but not limited to, health care providers and health care facilities, that conduct an RST for any of the following conditions, meets the definition of a laboratory under this chapter, and shall comply with WAC 246-101-201 through 246-101-230:(1)…