W. Va. Code R. § 64-64-12

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

Section 64-64-12 - Requirement for All Health Care Providers to Report Positive Tests for the Human Immunodeficiency Virus

12.1. In accordance with the Bureau for Public Health's rule, Reportable Diseases, Events and Conditions, 64CSR7, all health care providers in West Virginia who perform, or cause to have performed, serologic or other tests for HIV shall report all HIV infection associated with laboratory tests that are positive or results, including but not limited to all values of CD4 count and any results from a viral load that are either indicative of or a progression toward the HIV infection to the Commissioner on forms provided by the Commissioner or via electronic reporting (http://www.dhhr.wv.gov/oeps/std-hiv-hep/disease_reporting/Pages/default.aspx) to include:

12.1.a. All positive (reactive) laboratory test results; and

12.1.b. All clinical status data.

12.2. A health care provider report shall include:

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

12.2.b. The name of the tests performed, the date each test was performed and the results of the tests;

12.2.c. The legibly printed or typed name and location of the health care provider reporting the positive HIV laboratory results;

12.2.d. The name of the confidentially-tested individual;

12.2.e. The patient's demographic information including the patient's age, sex, race and address, unless the patient requests anonymous reporting;

12.2.f. Social and risk factor information of the patient relative to HIV infection; and

12.2.g. Other information concerning HIV infection judged necessary by the Commissioner.

12.3. A confirmed positive report of HIV shall be submitted within seven days of the receipt of the test results.

12.4. Health care providers performing anonymous HIV testing on patients shall use confidential reporting of HIV infection for patients revealing his or her identity in HIV infection consultation. If a patient who has been tested anonymously, either makes his or her identity known to the health care provider or rescinds the request for anonymity, the health care provider shall report the name to the Commissioner.

12.5. The Commissioner shall work with a patient's health care provider in any follow-up of reported positive laboratory tests or HIV infection.

12.6. A Health care provider who provides HIV care to patients on the basis of a medical or a self-referral shall submit an HIV infection report form to the Bureau.

12.7. The reports of all HTV infection 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-1-1 et seq., the Freedom of Information Act: Provided, That the reports are subject to the provisions of W. Va. Code § 16-3C-1et seq. This information in the reports shall not be used, except as necessary, to enforce State public health laws and rules and to analyze the magnitude of HIV infection in this State for assisting in the development of adequate safeguards against its spread.

W. Va. Code R. § 64-64-12