Washington State

House of Representatives

Office of Program Research



Health Care & Wellness Committee

HB 1046

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Concerning H.I.V. testing of children placed in out-of-home care.

Sponsors: Representatives Rolfes, Roberts, Morrell, Kagi and Moeller.

Brief Summary of Bill

  • Directs the Department of Social and Health Service to request a human immunodeficiency virus (HIV) test for any infant under age one placed in out-of-home care from the infant's treating physician.

Hearing Date: 1/20/09

Staff: Dave Knutson (786-7146)


In 2004 the Legislature required the Department of Social and Health Services (Department) to inform each out-of-home care provider if the child placed in their care is infected with a blood borne pathogen. All out-of-home care providers are required to receive training related to blood borne pathogens, including prevention, transmission, infection control, treatment, testing, and confidentiality.The Department of Health has recommended that the specific blood borne pathogen that should be tested for in infants under one year of age who are being or have been placed in out-of-home care be limited to human immunodeficiency virus (HIV).

Summary of Bill:

When an infant under one year of age is placed in out-of-home care the Department will request the infant's treating physician to administer an HIV test if the birth mother's HIV status is positive or is unknown and the Department has information that the mother is at high risk of HIV infection. The Department will follow the treating physician's recommendations on follow-up testing and treatment for an infant who tests positive for HIV. If a parent objects to their infant being tested based on their religious tenets and practices and states so in writing, an HIV test will not be performed on the infant.

Appropriation: None.

Fiscal Note: Requested 1/14/2009

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.