W. Va. Code R. § 64-64-13

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 64-64-13 - Requirement for Laboratories to Report Positive Tests for the Human Immunodeficiency Virus

13.1. All laboratories conducting HIV testing in West Virginia or providing HIV testing results for use in this State shall make a report on the first and fifteenth days of each month of all laboratory tests, including but not limited to all values of CD4 count and any results from a viral load that are positive or results that are indicative of the HIV infection to the Commissioner on forms provided by the Commissioner (http://www.dhhr.wv.gov/oeps/std-hiv-hep/disease_reporting/Pages/default.aspx) or by electronic transmittal for that purpose to include:

13.1.a. All CLIA certified tests that are intended to diagnose or document HIV infection, including, but not limited to, viral load, P24 antigen and western blot tests and;

13.1 .b. All values of CD4 count and any results from a viral load.

13.2. These reports shall include:

13.2.a. The name and full address of the laboratory;

13.2.b. The name of the test, the date performed, and the result;

13.2.c. The name and location of the health care provider who submitted the specimen;

13.2.d. The name of the patient;

13.2.e. Other information concerning HIV infection management and control judged necessary by the Commissioner; and

13.2.f. The signature of the supervisor of the laboratory.

13.3. The laboratory shall submit the results of the laboratory reports related to subsections 13. La and 13. Lb of this rule on the first and fifteenth days of each month.

13.4. If no reportable tests are performed during a reporting period, a statement to this effect shall be submitted by the supervisor of the laboratory.

13.5. The Commissioner shall work with a patient's health care provider in any follow-up of the reports of confirmed positive laboratory tests.

13.6. The reports of all positive tests submitted in compliance with this rule are protected and are exempt from public disclosure under the exemption for medical records contained in W. Va. Code § 29B-1-1et seq., the Freedom of Information Act: Provided, That the reports are subject to the provisions of W. Va. Code § 16-3C-1et seq. The information in the reports shall not be used except as is necessary to enforce State public health laws and rules and to analyze the magnitude of HIV infection in the State for assisting in the development of adequate safeguards against its spread.

W. Va. Code R. § 64-64-13