6 Colo. Code Regs. § 1009-7 Regulation 3

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

Regulation Regulation 3 - PROCEDURES FOR THE INVESTIGATION OF ENVIRONMENTAL AND CHRONIC DISEASES

The Department and county, district, and municipal public health agencies shall employ reasonable investigative techniques as part of systematic surveillance for reportable environmental and chronic diseases. Reporting in one community may lead the Department or county, district or municipal public health agencies to investigate whether or not public health is endangered either in the same community or in other communities physically removed but environmentally similar to that of the reported case.

Investigations shall be limited to information that is pertinent, relevant and necessary to the investigation, as determined by the agency conducting the investigation. Such investigative techniques include but are not limited to:

1. Review by authorized personnel of investigatory material to identify and characterize the index case and other cases in a region, community, or workplace; such review of investigatory material may occur without patient consent and shall be conducted at reasonable times and with such notice as is reasonable under the circumstances. Where feasible, facilities are encouraged to provide remote electronic access to authorized department and/or county, district or municipal public health agency staff for this purpose;

2. Performing follow-up interview(s) to collect pertinent and relevant information about the cause or risk factors for the reportable environmental or chronic disease;

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

4. 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;

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

6. Collecting and analyzing samples or measurements of items that may be related to the cause of the outbreak or reportable disease, such as food, environmental media (including water, air, soil or sediment), other substances or material, such as marijuana products, a prescription drug, an over-the-counter medication or remedy, a controlled substance, or physical agents;

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

8. 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, and materials 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;

9. Review of workers' compensation claims;

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

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

The Department and county, district, and municipal public health agencies shall have access to investigatory material. This may include requiring access to trade secrets such as product formulations, manufacturing processes or devices. Investigatory material is to be used by the department and county, district, and municipal public health agencies to the extent necessary for disease control efforts and the development of prevention programs.

6 CCR 1009-7 Regulation 3

40 CR 24, December 25, 2017, effective 1/14/2018