Wash. Admin. Code § 246-100-011

Current through Register Vol. 24-21, November 1, 2024

Section 246-100-011 - Definitions

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 pathogen" means a pathogenic microorganism that is present in human blood and can cause disease in humans, including hepatitis B virus, hepatitis C virus, human immunodeficiency virus, and syphilis.

(3) "Board" means the Washington state board of health.

(4) "Case" means a person, alive or dead, having been diagnosed to have a particular disease or condition by a health care provider with diagnosis based on clinical criteria, or laboratory criteria, or both.

(5) "Communicable disease" means an illness caused by an infectious agent that can be transmitted from a person, animal, or object to a person by direct or indirect means including, but not limited to, transmission via an intermediate host or vector, food, water, or air.

(6) "Contaminated" or "contamination" means containing or having contact with infectious agents or chemical or radiological materials that pose an immediate threat to present or future public health.

(7) "Contamination control measures" means the management of persons, animals, goods, and facilities that are contaminated, or suspected to be contaminated, in a manner to avoid human exposure to the contaminant, prevent the contaminant from spreading, or effect decontamination.

(8) "Department" means the Washington state department of health.

(9) "Detention" or "detainment" means physical restriction of activities of a person by confinement for the purpose of controlling or preventing a serious and imminent threat to public health and may include one or more of the following: Physical plant, facilities, equipment, or personnel to physically restrict activities of the person to accomplish these purposes.

(10) "Disease control measures" means the management of persons, animals, goods, and facilities that are infected with, suspected to be infected with, exposed to, or suspected to be exposed to an infectious agent in a manner to prevent transmission of the infectious agent to humans.

(11) "Health care facility" includes:

(a) Adult family homes licensed under chapter 70.128 RCW;

(b) Assisted living facilities licensed under chapter 18.20 RCW;

(c) Birthing centers licensed under chapter 18.46 RCW;

(d) Clinics or other settings where one or more health care providers practice;

(e) Enhanced service facilities licensed under chapter 70.97 RCW;

(f) Hospitals licensed under chapter 70.41 RCW;

(g) Nursing homes licensed under chapter 18.51 RCW;

(h) Private establishments licensed under chapter 71.12 RCW; and

(i) In reference to sexually transmitted infections or blood-borne pathogens, other settings as defined in chapter 70.24 RCW.

(12) "Health care provider" means any person having direct or supervisory responsibility for the delivery of health care who is:

(a) Licensed or certified in this state under Title 18 RCW; or

(b) Is military personnel providing health care within the state regardless of licensure.

(13) "Health order" or "order" means a written directive issued by the state or local health officer that requires the recipient to take specific action to remove, reduce, control, or prevent a risk to public health.

(14) "HIV testing" means conducting a laboratory test or sequence of tests to detect or monitor the human immunodeficiency virus (HIV) or antibodies to HIV performed in accordance with requirements of WAC 246-100-207.

(15) "Human immunodeficiency virus" or "HIV" means all HIV and HIV-related viruses which damage the cellular branch of the human immune system and leave the person immunodeficient.

(16) "Infectious agent" means an organism such as a virus, rick-ettsia, bacteria, fungus, protozoan, or helminth that is capable of producing infection or infectious disease.

(17) "Isolation" means the separation of persons or animals with an infectious agent or contaminant in order to prevent or limit the transmission of the infectious agent or contaminant to those who are susceptible to disease or who may spread the agent or contaminant to others.

(18) "Local health jurisdiction" or "LHJ" means a county health department under chapter 70.05 RCW, city/county health department under chapter 70.08 RCW, or health district under chapter 70.46 RCW.

(19) "Local health officer" means the person having been appointed under chapter 70.05 RCW as the health officer for the local health jurisdiction, or having been appointed under chapter 70.08 RCW as the director of public health of a combined city-county health department, or their del-egee appointed by the local board of health.

(20) "Medical treatment" or "treatment" means the treatment for curable diseases and treatment that causes a person to be unable to transmit a disease to others, based on generally accepted standards of medical and public health science.

(21) "Outbreak" means the occurrence of cases of a disease or condition in any area over a given period of time in excess of the expected number of cases.

(22) "Practical means to prevent transmission" means the good faith employment of an activity, behavior, method, or device that is scientifically demonstrated to measurably reduce the risk of transmitting an STI including:

(a) Use of a condom, barrier protection, or other prophylactic device; or

(b) Good faith participation in a treatment or preventive regimen prescribed by a health care provider or public health professional.

(23) "Principal health care provider" means the attending physician or other health care provider licensed or certified under Title 18 RCW, recognized as primarily responsible for diagnosis and treatment of a patient or, in the absence of such, the health care provider initiating diagnostic testing or medical treatment or medical therapy for a patient.

(24) "Quarantine" means the limitation of freedom of movement of persons or domestic animals that have been exposed to, or are suspected to have been exposed to, an infectious agent:

(a) For a period of time not longer than the longest usual incubation period of the infectious agent;

(b) In a way to prevent effective contact with those not so exposed.

(25) "School" means a facility for programs of education as defined in RCW 28A.210.070 (preschool and kindergarten through grade 12).

(26) "Sexually transmitted infection (STI)" or "sexually transmitted disease (STD)" means a bacterial, viral, fungal, or parasitic infection or condition which is usually transmitted through sexual contact and considered to be a threat to public health and welfare, and to be an infection for which a legitimate public interest will be served by providing for regulation and treatments, including:

(a) Chancroid;

(b) Chlamydia trachomatis infection;

(c) Genital herpes simplex;

(d) Genital human papilloma virus infection;

(e) Gonorrhea;

(f) Granuloma inguinale;

(g) Hepatitis B infection;

(h) Human immunodeficiency virus infection (HIV);

(i) Lymphogranuloma venereum; and

(j) Syphilis.

(27) "Spouse" means any individual who is the marriage partner of a person diagnosed with HIV, or who has been the marriage partner of the person diagnosed with HIV within the 10-year period prior to the diagnosis of HIV-infection, and evidence exists of possible exposure to HIV.

(28) "State health officer" means the person appointed by the secretary under RCW 43.70.020 to serve as statewide health officer, or, in the absence of such designation, the secretary.

(29) "Suspected case" or "suspected to be infected" means the local health officer, in their professional judgment, reasonably believes that infection with a particular infectious agent is likely based on signs and symptoms, laboratory evidence, or contact with an infected person, animal, or contaminated environment.

(30) "Veterinarian" means a person licensed under provisions of chapter 18.92 RCW.

Wash. Admin. Code § 246-100-011

Amended by WSR 14-08-046, filed 3/27/14, effective 4/27/2014

Amended by WSR 18-23-056, Filed 11/15/2018, effective 12/16/2018

Amended by WSR 22-06-061, Filed 2/25/2022, effective 3/28/2022

Statutory Authority: RCW 70.24.130 and 70.24.380. 05-11-110, § 246-100-011, filed 5/18/05, effective 6/18/05. Statutory Authority: RCW 43.20.050(2)(d), 70.05.050 and 70.05.060. 03-06-003, § 246-100-011, filed 2/19/03, effective 2/19/03. Statutory Authority: RCW 43.20.050. 00-23-120, § 246-100-011, filed 11/22/00, effective 12/23/00. Statutory Authority: RCW 70.24.022, [70.24].340 and Public Law 104-146. 97-15-099, § 246-100-011, filed 7/21/97, effective 7/21/97. Statutory Authority: Chapter 70.24 RCW. 93-08-036 (Order 354B), § 246-100-011, filed 4/1/93, effective 5/2/93. Statutory Authority: RCW 43.20.050 and 70.24.130. 92-02-019 (Order 225B), § 246-100-011, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as § 246-100-011, filed 12/27/90, effective 1/31/91. Statutory Authority: Chapter 70.24 RCW. 89-07-095 (Order 325), § 248-100-011, filed 3/22/89; 88-17-057 (Order 317), § 248-100-011, filed 8/17/88. Statutory Authority: RCW 43.20.050. 88-07-063 (Order 308), § 248-100-011, filed 3/16/88; 87-11-047 (Order 302), § 248-100-011, filed 5/19/87.