W. Va. Code R. § 64-7-14

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

Section 64-7-14 - Persons, Facilities, and Laboratories Required to Report; Other Related Responsibilities

14.1. Health Care Providers and health care facilities.

14.1.a. Any health care provider who or health care facility which suspects, diagnoses, or cares for a patient with a disease or condition listed in this rule shall:

14.1.a.1. Report the disease or condition as required by this rule;

14.1.a.2. Assist public health officials in appropriate case and outbreak investigation and management and in any necessary contact investigation and management;

14.1.a.3. Make every effort to submit the specimens identified in protocols specified by the Commissioner to establish an accurate diagnosis of the disease or condition to a laboratory approved by the Commissioner;

14.1.a.4. If the disease or condition is communicable, advise, in consultation with State and local public health officials, the patient, and as necessary, members of the patient's household and other patient contacts regarding the precautions to be taken to prevent further spread of the disease. In cases of sexually transmitted diseases, HIV, and tuberculosis, the Bureaure commends that health care providers and health care facilities refer contact notification activities to the STD/HIV/TB program and local health departments for tuberculosis rather than attempt to accomplish the notification themselves;

14.1.a.5. Follow a method of control specified by the Commissioner in established protocols in the West Virginia Reportable Diseases Protocol Manual (available online at www.dide.wv.gov), or by methods developed in consultation with the Commissioner;

14.1.a.6. Assist the Commissioner or the local health officer by promoting implementation of the control method for the disease or condition specified in the protocol with the patient, and, as applicable, members of the patient's household, facility staff, and other involved individuals; and

14.1.a.7. Assist the Commissioner or local health officer in ruling out previously reported cases of infectious disease by submitting copies of negative laboratory tests of medical evaluations.

14.2. Laboratories.

14.2.a. All laboratories, whether public, private or hospital-based, shall report evidence of current infection with the diseases or conditions listed in this rule and shall otherwise comply with the requirements of this rule.

14.2.b. A laboratory which receives a specimen yielding Mycobacterium tuberculosis shall submit the first isolate to the OLS. Additionally, any isolate of M. tuberculosis from a patient collected ninety or more days after the initial specimen shall also be forwarded to the OLS. The laboratory shall perform or arrange for drug susceptibility testing on the initial isolate from each patient from whom M. tuberculosis was isolated and report the results of that drug susceptibility testing to the local health department in the county where the patient resides, within one working day from the time the person or agency who submitted the specimen is notified. If any subsequent culture of M. tuberculosis is found to have developed new patterns of resistance, an additional culture or subculture of the resistant isolate shall be submitted to the OLS. Clinical laboratories that identify acid fast bacillus (AFB) on a smear from a patient shall culture and identify the AFB, or refer these to another laboratory for those purposes.

14.2.b.1. Clinical laboratories that isolate Bacillis anthracis, Clostridium botulinum, Corynebacterium diphtheriae, Tularemia, Salmonella, Shigella, Listeria monocytogenes,or suspect or confirmed shigatoxin-producing E. coli or Yersinia pestis from any patient specimen or Neisseria meningitidis, Streptococcus pneumoniae, or Haemophilus influenzae from a sterile site should submit the first isolate or a subculture of that isolate to the OLS. Laboratories that confirm Campylobacter by non-culture methods shall submit the specimen to the OLS by culture and identification. In addition, the Commissioner may request routine submission of other bacterial isolates by inclusion in the West Virginia Reportable Diseases Protocol Manual (available online at www.dide.wv.gov) and by written notification of laboratories of the specific requirement. During outbreak or other special investigations, the Commissioner may request submission of clinical specimens orisolates from persons with disease during a timeframe specified by the Commissioner.

14.2.b.2. Information that shall be included with any of the specimens listed in this section includes:

14.2.b.2.A. The name, address, and date of birth of the patient;

14.2.b.2.B. The specimen accession number or other unique identifier;

14.2.b.2.C. The date the specimen was obtained from the patient;

14.2.b.2.D. The source of the specimen;

14.2.b.2.E. The type of test performed;

14.2.b.2.F. The name, address, telephone and fax number of the submitting laboratory; and

14.2.b.2.G. The name, office address, office telephone and fax number of the physician or health care provider for whom the examination or test was performed.

14.2.b.3. Clinical laboratories that identify virological, serological, electron microscopic or molecular evidence of acute infection with LaCrosse, West Nile, Eastern Equine or St Louis encephalitis; orthopox virus (including smallpox and monkeypox); poliomyelitis; rabies; rubella; rubeola; or SARS coronavirus shall submit an acute specimen to the office of laboratory services for confirmation. In addition, the Commissioner may request routine submission of laboratory specimens for confirmation of other diseases by documentation of the request in the West Virginia Reportable Diseases Protocol Manual (available online at www.dide.wv.gov) and by written notification of laboratory directors. During an outbreak or other special investigations, the Commissioner may request submission of clinical specimens or isolates from persons with disease during a timeframe specified by the Commissioner.

14.2.b.4. In addition, the laboratory shall assist the Commissioner or local health officer in ruling out reported suspect cases of infectious diseases by submitting copies of negative laboratory tests for the condition under evaluation.

14.3. Administrators of schools, camps, vessels, correctional facilities, daycares and department-operated health care facilities.

14.3.a. The administrator or any responsible healthcare provider of any school, camp, vessel, correctional facility, daycare or department-operated health care facility shall:

14.3.a.1. Report any reportable disease, outbreak or condition occurring in the school, camp, vessel, correctional facility, daycare or department-operated health care facility as required by this rule;

14.3.a.2. Assist public health officials in appropriatecase-finding for additional cases, including sharing information such as the name and contact information for persons who have signs and symptoms of illness;

14.3.a.3. Assist public health officials with appropriate case and outbreak investigation or management and in any necessary contact investigation and management, including sharing the name and contact information for persons who may have been exposed to an infectious disease;

14.3.a.4. Follow a method of control specified by the Commissioner in established protocols in the West Virginia Reportable Diseases Protocol Manual (available online at www.dide.wv.gov) or by recommendations developed in consultation with the Commissioner;

14.3.a.5. If the disease or condition is communicable, advise, in consultation with state and local public health officials, the patient, and as necessary, members of the patient's household and other patient contacts, including daycare staff and attendees, school staff and students and correctional staff and inmates regarding the precautions to be taken to prevent further spread of the disease. In cases of sexually transmitted diseases, HIV, and tuberculosis the Bureau recommends that the school, camp, vessel, correctional facility, daycare or department-operated health care facilityrefer contact notification activities to the STD/HIV/AIDS program and local health departments for tuberculosis rather than attempt to accomplish the notification themselves; and

14.3.a.6. Assist the local health officer by promoting implementation of the control method for the disease or condition specified in the protocol with the patient, and, as applicable, members of the patient's household, facility staff, and other involved individuals.

14.3.b. For schools, disclosure of personally identifiable information from the student's education records to the Commissioner for investigation of a case or outbreak of communicable disease is classified as a Health and Safety Emergency underthe federal Family Educational Rights and Privacy Act(FERPA) allowing for the release of information needed for protection of public health.

W. Va. Code R. § 64-7-14