W. Va. Code R. § 69-17-10
Current through Register Vol. XLII, No. 1, January 3, 2025
Section 69-17-10 - Reports and Records10.1. Inspection Reports and Records.10.1.1. The Director shall keep on file a report of any inspection, survey, or investigation of a syringe services program.10.1.2. Information in reports or records shall be available to the public except for the following: 10.1.2.a. Information regarding complaints and subsequent investigations that is deemed confidential by any provision of this rule or applicable state or federal law;10.1.2.b. Information of a personal nature from a participant or personnel file; or10.1.2.c. Information required to be kept confidential by state or federal law.10.1.3. The Director will not make a report of any investigation public until the syringe services program has the opportunity to review the report, submit a plan of correction, and obtain an approved plan of correction.10.2. Statistical Reports and Records. 10.2.1. The syringe services program shall file an annual report with the Director on a form prescribed by the Director, which includes the following information: 10.2.1.a. The total number of participants served by the syringe services program;10.2.1.b. The total number and types of syringes that were dispensed, collected, and disposed of by the syringe services program;10.2.1.c. The total number of syringe stick injuries to non-participants;10.2.1.d. Statistics regarding the number of individuals entering substance use disorder treatment; and10.2.1.e. The total number and types of referrals made to substance use disorder treatment and other harm reduction services.10.3. Incident Reporting and Adverse Events. 10.3.1. Each syringe services program shall develop and implement policies and procedures for documenting, investigating, taking corrective action, and tracking instances of known adverse events or incidents.10.3.2. If a syringe services program employee, contracted individual, or volunteer has a concern about a participant's or accompanying minor child's safety, the syringe services program employee, contracted individual, or volunteer shall follow the policy and procedure of the syringe services program regarding safety concerns and take appropriate action, including, but not limited to, reporting to the appropriate protective services agency.10.3.3. Incidents or adverse events may include:10.3.3.a. Known completed participant suicide and suicide attempts;10.3.3.b. Known participant death or serious injury due to trauma, suicide, or unusual circumstances;10.3.3.c. Selling drugs or substances on the premises;10.3.3.d. Harassment or abuse, including physical, verbal, sexual, and emotional, of participants by staff;10.3.3.e. Theft, burglary, break-in, or similar incident at the syringe services program;10.3.3.f. Physical violence leading to injury; and10.3.3.g. Significant disruption of services due to disaster such as fire, storm, flood, or another occurrence.10.3.4. Incidents or adverse events shall be reviewed on a quarterly basis by the program administrator who may choose to make recommendations and implement changes regarding improvements in the process to prevent further incidents.10.3.5. The syringe services program shall ensure in the event of an incident or adverse event that:10.3.5.a. The incident or adverse event is fully documented and appropriately reported to the correct state agencies as necessary;10.3.5.b. There is prompt investigation and review of the situation surrounding the incident or adverse event;10.3.5.c. Timely and appropriate corrective action is taken; and10.3.5.d. Ongoing monitoring of any corrective action takes place until effectiveness of the action is established.10.3.6. Within seven days of an incident or adverse event, the program shall file a report with the Director consisting of the following: 10.3.6.a. The action or actions implemented to prevent the reoccurrence of the incident or adverse event;10.3.6.b. The time frames for the action or actions to be implemented;10.3.6.c. The person or persons designated to implement and monitor the action or actions; and10.3.6.d. The strategies for the measurements of effectiveness to be established.W. Va. Code R. § 69-17-10