6 Colo. Code Regs. § 1009-1 Regulation 5

Current through Register Vol. 47, No. 11, June 10, 2024

Regulation Regulation 5 - Investigations to Confirm the Diagnosis, Treatment, and Causes of Epidemic and Communicable Diseases and to Determine Appropriate Methods of Epidemic and Communicable Disease Control

Investigations may be conducted to confirm the diagnosis, treatment, and causes of reportable conditions and shall be considered official duties of the Department or county, district, or municipal public health agencies. Such investigations may include, but are not limited to:

A. Review of pertinent, relevant medical records by authorized personnel, if necessary to confirm the diagnosis,; to investigate causes; to identify other cases related to the outbreak or the reported communicable disease in a region, community, or workplace; to determine if a patient with a reportable disease has received adequate treatment to render him/her non-infectious or a person exposed to a case has received prophylaxis, if appropriate. Such review of records may occur without patient consent and shall be conducted at reasonable times and with such notice as is reasonable under the circumstances. Such review of records may include negative or inconclusive laboratory results. Where feasible, facilities are encouraged to provide remote electronic access to authorized health department staff for this purpose;

B. Performing follow-up interview(s) with the case or persons knowledgeable about the case to collect information pertinent and relevant to the cause(s) of or risk factors for the reportable condition;

C. Medical examination and testing of persons with the explicit consent of such persons;

D. Obtaining from public or private businesses or institutions the lists of persons with a similar or common potential exposure to a reported case; such exposure may be current or have occurred in the past;

E. Interviewing or administering questionnaire surveys confidentially to any resident of a community or any agent, owner, operator, employer, employee of a public or private business or institution, that is either epidemiologically associated with a reported case or has had a similar exposure as a reported case;

F. Collecting and analyzing samples or measurements of items that may be related to the cause of the outbreak or reportable disease;

G. Taking photographs or videos related to the purpose of the investigation; If the photographs/videos are taken in a business, the employer shall have the opportunity to review the photographs/videos taken or obtained for the purpose of identifying those which contain or might reveal a trade secret;

H. Entering a public or private entity, such as a business or school, for the purpose of conducting investigations of those processes, conditions, structures, machines, apparatus, devices, equipment, records (including but not limited to current and former employee/student rosters and contact information, schedules, health and medical information, job duties and descriptions, and patron or client contact information), and materials and supplies within the place of employment which are relevant, pertinent, and necessary to the investigation; such investigations shall be conducted during regular working hours or at other reasonable times and with such notice as is reasonable under the circumstances.

I. Review of workers' compensation claims;

J. Review of toxic tort or product liability claims filed with state or federal courts within the state; and

K. Review of previously conducted environmental or product sampling data that may be related to the cause of the outbreak or reportable disease.

6 CCR 1009-1 Regulation 5

37 CR 18, September 25, 2014, effective 10/15/2014

38 CR 20, October 25, 2015, effective 11/14/2015

40 CR 08, April 25, 2017, effective 5/15/2017

41 CR 12, June 25, 2018, effective 7/15/2018

42 CR 10, May 25, 2019, effective 7/1/2019

44 CR 18, September 25, 2021, effective 10/15/2021

46 CR 06, March 25, 2023, effective 2/15/2023

46 CR 10, May 25, 2023, effective 6/14/2023