W. Va. Code § 5A-8-25

Current through 2024 First Special Session

Section 5A-8-25 - Health care worker personal information

(a) For purposes of this section:

"Health care worker" means a person who is an employee of a health care entity, a subcontractor, or independent contractor for a health care entity, or an employee of the subcontractor or independent contractor. The term includes, but is not limited to, a nurse, nurse's aide, laboratory technician, physician, intern, resident, physician assistant, physical therapist, any other person who provides direct patient care, first responder, or any person serving in a governance capacity of a health care entity;

"Immediate family" means a health care worker's spouse, child, or parent or any other relative who lives in the same residence as the health care worker;

"Personal information" means the home address, home telephone number, personal mobile telephone number, pager number, personal e-mail address, or a personal photograph or video of a health care worker; directions to the home of a health care worker; or photographs or videos of the home or personal vehicle of a health care worker or the immediate family of a health care worker.

(b) A health care worker may submit a written request to a state or local government official to remove personal information from records maintained by that official that are available on the internet. If a state or local government official receives such a written request, then he or she shall not knowingly make available on the internet personal information about the health care worker or the health care worker's immediate family.

(c) A health care worker's written request to a state or local government official to remove personal information from records made available on the internet shall include:

(1) Evidence that the person submitting the request is a health care worker, as defined in this section; and

(2) A statement, notarized by a notary public duly licensed under § 39-4-1et seq. of this code, that the person submitting the request has reason to believe that the dissemination of the personal information contained in the records that the official makes available on the internet poses an imminent and serious threat to the person's safety or the safety of the person's immediate family.

(d) Falsification of the evidence proffered to satisfy the requirements of § 5A-8-25(b)(1) or § 5A-8-25(b)(2) constitutes false swearing and is punishable under § 61-5-2 of this code.

W. Va. Code § 5A-8-25

Added by 2024 Acts, ch. TBD (SB 477), eff. 6/4/2024.