reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-56 - Infectious Medical Waste › Section 64-56-9 - Transportation

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. This section
				applies to all transportation of infectious medical waste over roads or
				highways within West Virginia, regardless of point of origin or intended
				disposal, except as specified in Sections 9.2 and 9.3 of this rule.
9.2. A small quantity generator may transport
				his or her infectious medical waste to a permitted infectious medical waste
				management facility, or may arrange for transport by his or her employee as
				follows:
9.2.a. An employee who transports
				the infectious medical waste shall be trained in the proper handling of
				infectious medical waste as required by this rule; and
9.2.b. The infectious medical waste shall be
				delivered within forty-five (45) days of its generation, or
9.2.c. Via the U.S. postal service or other
				commercial delivery services, if the requirements set by that agency are
				met.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-56 - Infectious Medical Waste › Section 64-56-10 - Methods of Treatment

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				General.
10.1.a. All infectious medical waste
				shall be treated by one of the following methods:
10.1.a.1. Incineration as described in
				Section 10.2 of this rule;
10.1.a.2. Steam treatment as described in
				Section 10.3 of this rule;
10.1.a.3. Discharge to a sanitary sewer as
				described in Section 10.4 of this rule; or
10.1.a.4. Any other alternative method
				approved in writing and permitted by the Secretary according to the provisions
				of Section 10.5 of this rule.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-56 - Infectious Medical Waste › Section 64-56-11 - Commercial Infectious Medical Waste Management Facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. This section
				of this rule applies only to commercial infectious medical waste management
				facilities.
11.2. A commercial
				infectious medical waste management facility may not utilize incineration
				technology in any form, including the manufacture or burning of refuse-derived
				fuel in any form.
11.3. A
				commercial infectious medical waste management facility shall have effective
				controls for the management of infectious medical waste to ensure the
				protection of public health, safety, welfare and the environment.
11.4. The Secretary shall conduct an
				investigation of the infectious medical waste stream in the region affected by
				the proposed facility and determine that programs have been established to
				minimize and reduce the infectious medical waste stream the facility will serve
				prior to issuing a permit. The Secretary may issue a permit only if he or she
				makes a specific finding that as to the medical waste stream the proposed
				facility will be consistent with the legislative findings and purpose stated in
W. Va. Code
§ 20-51-2.
11.5. No person may establish, construct,
				operate, maintain, or allow the use of property for a commercial infectious
				medical waste management facility within:
11.5.a. The one-hundred (100) year flood
				plain;
11.5.b. Five hundred (500)
				feet of a dwelling, measured from the edge of the boundary of the facility,
				unless written permission is received from the owner of the dwelling;
11.5.c. An area where the Secretary has
				determined, after consultation with relevant state and federal agencies, that
				the facility will be in violation of applicable state or federal laws or
				regulations concerning:
11.5.c.1.
				Wetlands;
11.5.c.2. Any endangered
				or threatened species of animal or plant;
11.5.c.3. Surface water;
11.5.c.4. Groundwater quality; or
11.5.c.5. The emission of any air
				contaminant.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-56 - Infectious Medical Waste › Section 64-56-12 - Requirements Related to Manifests or Shipping Documents

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Except as specified in Section 12.10.
				of this rule, the generator of infectious medical waste that is to be
				transported off-site for storage or treatment shall initiate a multi-part
				manifest or shipping document which is available from or approved by the
				Secretary.
12.1.a. If a multi-part written
				manifest or shipping document is utilized, copy three (3) shall be retained by
				the generator after acceptance by the transporter. Copy two (2) shall be
				retained by the transporter after acceptance by the treatment facility. Copy
				one (1) shall be retained by the treatment facility. The treatment facility
				shall forward the original to the generator as required by Section 12.8 of this
				rule.
12.1.b. If an electronic
				manifest or shipping document is utilized, the transporter shall provide the
				generator with a printed service receipt acknowledging that the transporter has
				accepted the waste from the generator and the date of acceptance. The
				transporter shall retain an identical printed service receipt throughout
				transport. Within fifty (50) days after the date the medical waste was accepted
				by the transporter, an electronic service receipt shall be made available to
				the generator. If the generator does not obtain access to an electronic service
				receipt within fifty (50) days after the date the medical waste was accepted by
				the transporter, the generator shall report this fact to the
				Secretary.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-56 - Infectious Medical Waste › Section 64-56-13 - Record Keeping and Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1.
				All pertinent records required by this rule shall be retained for a period of
				not less than three (3) years.
13.2. The period of retention established in
				Section 13.1 of this rule shall extend automatically during the course of any
				unresolved enforcement action regarding the regulated activity or as requested
				by the Secretary.
13.3. All records
				shall be made available for inspection and or duplication by the Secretary or
				his or her duly authorized representative upon request.
13.4. All generators, except small quantity
				generators and those listed in Section 2 of this rule, commercial storage and
				transfer facilities and treatment facilities shall submit a report annually
				covering the preceding calendar year to the Secretary in a format specified by
				the Secretary by the twentieth (20 ) day of January and additional reports at
				such times the Secretary judges necessary setting out the quantity of waste
				generated during a particular time period and the disposition of the infectious
				medical waste. Transporters shall submit these reports on a quarterly basis. A
				late fee of $25.00 or 10% of the permit fee, which is ever greater, will be
				assessed to those facilities that fail to submit a required annual report on or
				before the twentieth (20th) day of January of each year.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-56 - Infectious Medical Waste › Section 64-56-15 - Enforcement Orders; Related Hearings; Permit Reinstatement

Current through Register Vol. XLI, No. 28, July 12, 2024
Enforcement orders and related hearings are required to be
				  conducted according to the provisions of
W. Va. Code
§§ 22-18-15, 20-5J-8 and 29A-5-1
et. seq.
as outlined
				  in Sections 15.1 and 15.2 of this rule.
15.1. If the Secretary, upon inspection,
				investigation or through other means observes, discovers or learns of a
				violation of the provisions of this rule or relevant State law or of any order
				or permit issued under this rule or such law by the Secretary, he or she may:
15.1.a. Issue an order stating with
				reasonable specificity the nature of the violation and requiring compliance
				immediately or within a specified time. An order under this section includes,
				but is not limited to, any or all of the following: orders suspending,
				modifying or revoking permits, orders requiring a person to take remedial
				action, or cease and desist orders;
15.1.b Seek an injunction in accordance with
W. Va. Code
§ 20-5J-9(b);
15.1.c Institute a civil action in accordance
				with
W. Va. Code
§ 20-5J-9(a); or
15.1.d Request the attorney general or the
				prosecuting attorney of the county in which the alleged violation occurred to
				bring a criminal action in accordance with
W. Va. Code
§
				22-18-16.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-56 - Infectious Medical Waste › Section 64-56-16 - Criminal Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
In addition to any civil penalties that may be assessed
				  pursuant to section 17, violations of this rule may be subject to criminal
				  penalties pursuant to the provisions of
W. Va. Code
§
				  22-18-16.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-56 - Infectious Medical Waste › Section 64-56-17 - Civil Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
In addition to any criminal penalties for violations of this
				  rule as provided in section 16, violations of this rule may also be subject to
				  civil penalties pursuant to the provisions of
W. Va. Code
§§ 22-18-17 and 20-5J-9.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-56 - Infectious Medical Waste › Section 64-56-18 - Imminent and Substantial Hazards; Orders; Penalties; Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1.
				Notwithstanding any provision of this rule to the contrary, the Secretary, upon
				receipt of information, or upon observation or discovery that the handling,
				storage, transportation, treatment or disposal of any infectious medical waste
				may present an imminent and substantial endangerment to public health, safety
				or the environment, has the authority to:
18.1.a. Request the attorney general or the
				appropriate prosecuting attorney to commence an action in the circuit court of
				the county in which the hazardous condition exists to immediately restrain any
				person contributing to such handling, storage, transportation, treatment or
				disposal to stop such handling, storage, transportation, treatment or disposal
				or to take such other action as may be necessary; or
18.1.b. Take other action under this section
				including, but not limited to issuing such orders as may be necessary to
				protect public health and the environment.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-56 - Infectious Medical Waste › Section 64-56-19 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
Except for an civil administrative penalty assessed pursuant
				  to
W. Va. Code
§ 22-18-17, persons adversely affected by
				  the enforcement of this rule who desire a contested case hearing to determine
				  any rights, duties, interests or privileges, must do so in a manner prescribed
				  in Rules of Procedure for Contested Case Hearings and Declaratory Rulings,
				  64CSR1.
TABLE 64-56A
ANNUAL INFECTIOUS MEDICAL WASTE MANAGEMENT FACILITY
				  PERMIT AND OPERATOR REGISTRATION FEES
Type of Facility
Fee
A. Hospitals (Non-Commercial Treatment
							 Facilities)
1 to 50 Beds
$ 500.00
51 to 149 Beds
1,750.00
150 or More Beds
2,500.00
B. Commercial Infectious Medical Waste Management
							 Facility
5,000.00
Small Commercial Infectious Medical Waste Management
							 Facility for Sharps Only (As provided for in Section 11.19 of this rule)
150.00
C. Transportation Vehicles (Each)
250.00
D. Commercial Storage and Transfer Facility.
250.00
E. Other (Generating more than 50 pounds per
							 month)
1. Health Care Professionals
250.00
2. Independent Dialysis Centers
250.00
3. Independent Laboratories
250.00
4. Independent Rural Clinics
250.00
5. Nursing Homes
250.00
6. Other Long Term Care Facilities
250.00
7. Outpatient Surgery Centers
250.00
F. Incinerator Operator Registration
25.00
G. Alternative treatment evaluation fee
500.00
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-56 - Infectious Medical Waste › Section 64-56-20 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
The provisions of this rule are severable. If any provision
				  of this rule is held invalid, the remaining provisions shall remain in
				  effect.
TABLE 64-56A
ANNUAL INFECTIOUS MEDICAL WASTE
				  MANAGEMENT
FACILITY PERMIT AND OPERATOR REGISTRATION
				  FEES
Type of Facility
Fee
A. Hospitals (Non-Commercial Treatment
						  Facilities)
1 to 50 Beds
$ 500.00
51 to 149 Beds
1,750.00
150 or More Beds
2,500.00
B. Commercial Infectious Medical Waste Management
						  Facility
5,000.00
Small Commercial Infectious Medical
Waste Management Facility for Sharps
Only (As provided for in Section 11.19 of this
						  rule)
150.00
C. Transportation Vehicles (Each)
250.00
D. Commercial Storage and Transfer Facility
250.00
E. Other (Generating more than 50 pounds per
						  month)
1. Health Care Professionals
250.00
2. Independent Dialysis Centers
250.00
3. Independent Laboratories
250.00
4. Independent Rural Clinics
250.00
5. Nursing Homes
250.00
6. Other Long Term Care Facilities
250.00
7. Outpatient Surgery Centers
250.00
F. Incinerator Operator Registration
25.00
G. Alternative treatment evaluation fee
500.00
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-57 - Clinical Laboratory Practitioner Licensure and Certification › Section 64-57-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule sets forth standards and procedures for the licensing of
				clinical laboratory practitioners and establishes penalties for the use of
				unlicensed persons to perform the work of clinical laboratory practitioners by
				health care facilities.
1.2.
				Authority. -- W. Va. Code §
									16-1-4,
				§
									16-1-11,
				and §
									16-5J-10.
1.3. Filing Date. -- April 4, 2022.
1.4. Effective Date. -- May 1,
				2022.
1.5 Sunset Provision. -- This
				rule shall terminate and have no further force or effect on August 1,
				2027.
1.6. Applicability. -- Except
				as otherwise provided in this rule, this rule applies to:
1.6.a. Clinical laboratory practitioners who
				perform non-waived clinical laboratory tests as defined by
				42 CFR 493.17
				of the Clinical Laboratory Improvement Amendments of 1988 (CLIA); and
1.6.b. Clinical laboratory consultants,
				directors, supervisors, or testing personnel who perform non-waived testing or
				manipulate and report data obtained from laboratories in West
				Virginia.
1.6.c. This rule does not
				apply to:
1.6.c.1. Any individual who performs
				only laboratory tests published in the Federal Register as waived under CLIA by
				the Centers for Disease Control and Prevention under the provisions of
				42 CFR
				493.17;
1.6.c.2. Any physician, dentist, nurse
				practitioner, nurse midwife, or physician assistant, licensed within this state
				working within the scope of his or her professional license, who performs only
				provider-performed microscopy procedures as found at
				42 CFR
				493.19(a) - (e);
1.6.c.3. Any respiratory care provider
				licensed within the state providing diagnostic testing within the scope of his
				or her professional license who performs moderate complexity testing as defined
				by CLIA, pursuant to
				42 CFR
				493.17;
1.6.c.4. An individual who performs
				laboratory tests only on himself or herself or members of his or her
				family;
1.6.c.5. An individual
				employed as a clinical laboratory practitioner in an agency or organization
				exempt from licensure in accordance with W. Va. Code §
											16-5j-7;
1.6.c.6. A medical doctor, doctor of
				osteopathy, or podiatrist licensed to practice that profession in West
				Virginia;
1.6.c.7. A doctor of
				philosophy performing laboratory testing within the scope of his or her degree
				and board certification;
1.6.c.8.
				An individual performing laboratory testing for a CLIA-exempt
				laboratory;
1.6.c.9. An individual
				solely performing forensic laboratory testing; or
1.6.c.10. An individual solely performing
				drug testing for a laboratory certified by the Substance Abuse and Mental
				Health Services Administration;
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-57 - Clinical Laboratory Practitioner Licensure and Certification › Section 64-57-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Certifying
				agency - means one of the following institutions:
2.1.a. American Society for Clinical
				Pathology (ASCP);
2.1.b. American
				Medical Technologists (AMT);
2.1.c.
				American Association of Bioanalysts (AAB);
2.1.d. American Board of Bioanalysts
				(ABB);
2.1.e. American Board of
				Clinical Chemistry (ABCC);
2.1.f.
				American Board of Forensic Toxicology (ABFT);
2.1.g. American Board of Medical Genetics and
				Genomics (ABMGG);
2.1.h. American
				Board of Medical Laboratory Immunology (ABMLI);
2.1.i. American Board of Medical Microbiology
				(ABMM);
2.1.j. American College of
				Histocompatibility and Immunogenetics; and
2.1.k. National Registry of Certified
				Chemists (NRCC).
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-57 - Clinical Laboratory Practitioner Licensure and Certification › Section 64-57-3 - Incorporation by Reference

Current through Register Vol. XLI, No. 28, July 12, 2024
The following provisions of 42 CFR Part 493 , laboratory
				  requirements, last amended September 2, 2020, are hereby incorporated by
				  reference:
3.1.
									42 CFR
				493.17;
3.2.
									42 CFR
				493.19(a) - (d);
3.3.
									42 CFR
				493.1405;
3.4.
									42 CFR
				493.1411;
3.5.
									42 CFR
				493.1417;
3.6.
									42 CFR
				493.1423;
3.7.
									42 CFR
				493.1443;
3.8.
									42 CFR
				493.1449;
3.9.
									42 CFR
				493.1455;
3.10.
									42 CFR
				493.1461;
3.11.
									42 CFR
				493.1469;
3.12.42 CFR 4.93.1483; and
3.13.
									42 CFR
				493.1489.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-57 - Clinical Laboratory Practitioner Licensure and Certification › Section 64-57-4 - Prohibition; Persons Subject to Licensure; Clinical Laboratory Practitioner Trainees

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. No
				person shall perform any clinical laboratory practitioner tasks in West
				Virginia, except as specified in this rule, unless the person is licensed by
				the secretary as a clinical laboratory practitioner.
4.2. A clinical laboratory practitioner
				trainee may perform tasks related to laboratory tests only under the personal
				and direct supervision of a licensed clinical laboratory practitioner or a
				clinical laboratory director, consultant, or supervisor.
4.3. A trainee license may be issued only to
				an applicant that is verified to be employed or offered employment in a
				clinical laboratory testing facility or that is enrolled in a laboratory
				training program.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-57 - Clinical Laboratory Practitioner Licensure and Certification › Section 64-57-5 - Licensure Requirements, Duration, Renewal

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. General. -- Applicants for licensure
				under this rule shall submit an application form available online at
https://dhhr.wv.gov/ols/regulatory/Pages/Licensure.aspx
and the following materials:
5.1.a.
				Documentation of the applicant's qualifying education and certification or
				documentation of other substitute qualification as permitted by this
				section;
5.1.b. The applicant's job
				description or education program description for which certification is sought
				by the applicant; and
5.1.c. The
				annual licensure fee of $25 per person as authorized by W. Va. Code §
										16-5J-10
				and any other special circumstance fees as required by this section.
5.1.d. Applicants seeking license renewal
				shall provide evidence of the completion of the continuing education
				requirements contained in subsection 5.9.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-57 - Clinical Laboratory Practitioner Licensure and Certification › Section 64-57-6 - Reciprocity

Current through Register Vol. XLI, No. 28, July 12, 2024
The secretary may issue a clinical laboratory practitioner
				  license to a person who holds a license or certification from another
				  jurisdiction that has licensure and certification requirements at least as
				  stringent as the requirements of this rule. Applicants for reciprocity shall
				  submit with their application the license application fee and a statement from
				  their licensing or certifying jurisdiction that they are in good
				  standing.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-57 - Clinical Laboratory Practitioner Licensure and Certification › Section 64-57-7 - Limitations on License and Use of Titles by Health Care Facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Licensure as a
				clinical laboratory practitioner does not authorize the person to perform
				laboratory tests unless his or her clinical laboratory director has determined
				that the person is qualified by education, training, or experience to perform
				such tests.
7.2. Health care
				facilities may not use the terms clinical laboratory practitioner, medical
				laboratory technician, cytotechnologist, point of care technician, pathologist
				assistant, histologist, or medical laboratory scientist, or abbreviations
				thereof, to refer to a person who is not licensed as a clinical laboratory
				practitioner in accordance with this rule.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-57 - Clinical Laboratory Practitioner Licensure and Certification › Section 64-57-8 - Revocation and Non-issuance of Clinical Laboratory Practitioner Licenses

Current through Register Vol. XLI, No. 28, July 12, 2024
A clinical laboratory practitioner license shall not be
				  issued or shall be revoked if the applicant for or holder thereof:
8.1. Has misrepresented material facts in an
				application or has assisted another person in doing so;
8.2. Does not meet the requirements for
				licensure; or
8.3. Has been found
				to have intentionally falsified laboratory results or to have engaged in
				negligent laboratory practices.
8.4. The secretary may consider reinstatement
				of a license which has been revoked upon a showing that the applicant can
				provide proof of meeting the license requirements of this rule:
Provided,
That no reinstatement shall be available for
				revocation of a license pursuant to subsection 8.3.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-57 - Clinical Laboratory Practitioner Licensure and Certification › Section 64-57-9 - Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. A request for
				a hearing may be made to the secretary by an applicant for a clinical
				laboratory practitioner license, by a holder thereof, or by a health care
				facility. The request shall specify the grounds relied upon as a basis for the
				relief requested.
9.2. Hearings
				shall be conducted in accordance with the provisions of W. Va. Code
				§§
									29A-5-1
et seq
., and Bureau's Rules of Procedure for Contested Case
				Hearings and Declaratory Rulings, 64CSR1.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-58 - Immunization Criteria For Transfer Students › Section 64-58-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes minimum immunization criteria for provisional enrollment in a
				West Virginia school of children transferring from a school outside the
				state.
1.2. Authority. -- W. Va.
				Code '16-3-4.
1.3. Filing Date. -- April 18,
				1988.
1.4. Effective Date. -- April
				18, 1988.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-58 - Immunization Criteria For Transfer Students › Section 64-58-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
This rule applies only to students who are transferring into
				  a West Virginia school from a school outside the state.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-58 - Immunization Criteria For Transfer Students › Section 64-58-3 - Minimum Criteria For Provisional Enrollment

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. No transfer student, unless he or she
				has a medical exemption, shall be allowed to enter a West Virginia school
				without at least one dose of diphtheria and tetanus toxoids and pertussis
				vaccine (DTP) or adult tetanus and diphtheria toxoids (Td) or pediatric
				diphtheria and tetanus toxoids (DT) based on age appropriateness, one dose of
				live or killed poliomyelitis vaccine, one dose of measles vaccine and one dose
				of rubella vaccine.
3.2. Transfer
				students to West Virginia schools shall have ninety (90) days from the date of
				admission in which to complete a minimum of three doses of diphtheria and
				tetanus toxoids and pertussis vaccine (DTP) or adult tetanus and diphtheria
				toxoids (Td) or pediatric diphtheria and tetanus toxoids (DT) and three doses
				of poliomyelitis vaccine or be excluded from school.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-59 - Patient Rights At State-Operated Mental Health facilities › Section 64-59-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the rights of patients of state-operated mental
				health facilities.
1.2. Authority.
				-- W. Va. Code §
									27-5-9(g).
1.3. Filing Date. -- April 29,
				2021.
1.4. Effective Date. -- April
				30, 2021.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August
				1,2026.
1.6. Construction. -- This
				rule shall be liberally construed to effectuate the rehabilitative goals of
				Chapter 27 of the West Virginia Code, consistent with the protection of patient
				rights and dignity.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-59 - Patient Rights At State-Operated Mental Health facilities › Section 64-59-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. -- This rule applies to state-operated mental health facilities
				that are licensed to provide inpatient psychiatric services.
2.2. Enforcement. -- This rule is enforced
				internally by the Secretary of the Department of Health and Human Resources or
				his or her designee, or externally by individual action.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-59 - Patient Rights At State-Operated Mental Health facilities › Section 64-59-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Administrator.
				-- The chief executive officer of the mental health facility.
3.2. Chemical Restraint. -- A drug or
				medication that is not used as a standard treatment for the patient's medical
				or psychiatric condition or that is used solely as a means of coercion,
				discipline, convenience, or retaliation, and that results in restricting the
				patient's freedom of movement.
3.3.
				Clinical director or chief medical officer. - The person who has the
				responsibility for decisions involving clinical and medical treatment of
				patients in a mental health facility in accordance with W. Va. Code §
									27-1-7.
3.4. C.F.R. -- References to the Code of
				Federal Regulations herein, and subsections thereto, refer to regulations in
				effect as follows:
3.4.1.
										42 C.F.R. §
											482.13, effective November 29,
				2019;
3.4.2.
										42 C.F.R.
				§
											482.24, effective June 30,
				2020;
3.4.3. 42 C.RR. §
				482.28, effective July 11, 2014;
3.4.4. 42 C.RR. § 482.41, effective July
				5, 2016;
3.4.5. 42 C.RR. §
				482.42, effective September 2, 2020;
3.4.6. 42 C.RR. § 482.61, effective June
				30, 2020; and
3.4.7. 42 C.RR.
				§ 482.62, effective October 26, 2007.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-59 - Patient Rights At State-Operated Mental Health facilities › Section 64-59-4 - Adoption of Other Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
Notwithstanding anything herein to the contrary, the relevant
				  portions of Conditions of Participation for Hospitals, 42 CFR Part 482,
				  Subparts A through E; the State Operations Manual; and the accreditation
				  standards for hospitals of the Joint Commission shall control:
Provided,
That to the extent there is a conflict between the
				  federal regulations or the accreditation standards and the standards specified
				  in this rule, the more stringent standard applies, except that, if there is a
				  conflict between a standard set forth in this rule and a federal standard
				  required for purposes of certification for participation in Medicare or
				  Medicaid, or a standard or requirement for purposes of accreditation by the
				  Joint Commission, the relevant federal standard or accreditation standard or
				  requirement shall supersede any provision in this rule.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-59 - Patient Rights At State-Operated Mental Health facilities › Section 64-59-6 - Patients' Right to Treatment

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. General. All patients of mental health
				facilities have a right to treatment in the least restrictive setting in an
				outpatient community-based program to the extent resources and programs are
				available, and are further entitled to reasonable and available care and
				treatment that will promote the discharge of patients to the least restrictive
				setting. Treatment shall be provided in accordance with the relevant parts of
				42 C.F.R. § 482 and the State Operations Manual.
6.2. Prohibition on Admission for
				Confinement. No individual shall be admitted to or detained in a mental health
				facility for the sole purpose of confinement except as otherwise permitted by
				law.
6.3. Trained and Competent
				Personnel. All care and treatment must be provided by qualified personnel and
				staff in accordance with
				42
				C.F.R. §
										482.62.
6.4. Periodic Psychiatric Evaluation. Unless
				the patient's clinical condition requires otherwise, every patient of a mental
				health facility has the right to a psychiatric evaluation consistent with the
				applicable standard of care no less frequently than once every three months:
Provided,
That the initial psychiatric evaluation of each
				patient admitted to a mental health facility shall be conducted within 60 hours
				of the patient's admission in accordance with
				42
				C.F.R. §
										482.61(b).
6.5. Appropriate Treatment, Program Plan,
				Treatment Planning, and Discharge Planning Based on Examination and Diagnosis.
				Every patient of a mental health facility has a right to treatment based on
				appropriate examination and diagnosis by a staff member operating within the
				scope of his or her professional license. All evaluations, program plans,
				initial treatment plans, master treatment plan, treatment, clinical care,
				development of assessment and diagnostic data, recordation of clinical
				progress, and discharge planning shall be done in accordance with 42 C.F.R.
				§ 482; the State Operations Manual; and consistent with the applicable
				standard of care.
6.6. Accepted
				Standards. All care and treatment provided to each patient shall be provided in
				accordance with the applicable standard of care. Any care or treatment that
				deviates from the applicable standard of care or is inconsistent with 42 C.F.R.
				§ 482 shall be specifically noted in the patient's medical
				record.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-59 - Patient Rights At State-Operated Mental Health facilities › Section 64-59-8 - Right to Refuse Treatment

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. General. As a participant in the program
				planning process, the patient has the right to exercise a voice in his or her
				program plan and to object to or refuse aspects of the plan.
8.2. Use of Internal Discussion, Negotiation
				and Grievance Procedure. The patient's right to object to or refuse treatment
				is recognized as legitimate and shall be responded to in accordance with the
				provisions of the patient grievance procedure if informal discussion and
				negotiation do not resolve differences.
8.3. Alternatives Offered and Provided. The
				treatment team for any patient who has refused psychotropic medications or
				other recommended therapy shall meet and work to ensure that an agreed-upon
				effective alternative treatment is offered and provided if the patient
				consents.
8.4. Oral Refusal
				Overrides Prior Written Consent. An individual patient's oral refusal to accept
				medication or other treatment always overrides prior written consent except in
				emergency situations as defined in this rule or as required by the applicable
				standard of care.
8.5. Last Resort
				Procedure When Patient Refuses Treatment. In those instances when an
				involuntarily committed patient rejects any proposed treatment and all attempts
				at negotiating an acceptable alternative have failed, then the most
				conservative, least intrusive treatment approach that is acceptable under the
				applicable standard of care for the diagnosed condition and which produces
				minimal potential side effects may be imposed over the objections of the
				patient if all the following conditions are documented in the patient's medical
				record:
8.5.1. The patient's refusal is a
				product of his or her illness;
8.5.2. The proposed treatment is recognized
				as appropriate, effective and within accepted standards of practice;
8.5.3. The proposed treatment is approved by
				the clinical director;
8.5.4. The
				opinion of a second qualified practitioner concurs with the proposed treatment;
				and
8.5.5. The patient advocate is
				provided an opportunity to raise legitimate concerns on the part of the
				patient.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-59 - Patient Rights At State-Operated Mental Health facilities › Section 64-59-9 - Research and Experimental Treatment

Current through Register Vol. XLI, No. 28, July 12, 2024
All research, studies, and investigations conducted in mental
				  health facilities to which this rule is applicable, which use facility staff,
				  records or patients shall be approved in writing in advance by the Department
				  of Health and Human Resources and the Institutional Review Board. This advance
				  approval is required whether the research, study or investigation is conducted
				  by Department of Health and Human Resources staff or by others. The federal
				  regulations Protection of Human Subjects, 45 C.F.R. Part 46, are hereby adopted
				  by reference, and all research, studies, or investigations conducted in mental
				  health facilities shall comply with this rule.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-59 - Patient Rights At State-Operated Mental Health facilities › Section 64-59-11 - Confidentiality and Records

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				Confidential Information
11.1.1.
				Communications and information obtained in the course of treatment or
				evaluation of any patient is considered to be confidential information in
				accordance with
				42 C.F.R. §
											482.13, including: the fact that a person is
				or has been a patient; information transmitted by a patient or his or her
				family for purposes relating to diagnosis or treatment; information transmitted
				by persons participating in the accomplishment of the objectives of diagnosis
				or treatment; all diagnoses or opinions formed regarding a patient's physical,
				mental or emotional condition; any advice, instructions or prescriptions issued
				in the course of diagnosis or treatment; and any record or characterization of
				these matters. Confidential information does not include information which does
				not identify a patient, information from which a person acquainted with a
				patient would not recognize the patient, and encoded information from which
				there is no possible means to identify a patient.
11.1.2. In order to protect the patient from
				demeaning remarks about his or her condition, medical and behavioral health
				care professionals, staff and other employees shall not discuss a patient's
				assessment, diagnosis, treatment, or any other aspects of his or her condition
				among themselves unless this discussion directly relates to the patient's
				treatment.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-59 - Patient Rights At State-Operated Mental Health facilities › Section 64-59-12 - Right to Unrestricted Communication

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Generally. Every patient has the right
				to unimpeded and private communication with whomever the patient chooses by
				mail, telephone, visits, or otherwise, except as specified in this
				rule.
12.2. Written Correspondence.
12.2.1. Every patient is entitled to
				communicate by sealed mail, or otherwise, with any persons, including official
				agencies inside, or outside, the facility. This right may not be denied,
				restricted, or infringed in any manner, except as specified in subsection 12.4
				of this rule.
12.2.2. The mental
				health facility shall provide a return address to patients that does not
				identify the institution. Unless the patient requests that the return address
				be withheld, it is the responsibility of the mental health facility to ensure
				that the name and return address are inscribed legibly on all outgoing patient
				mail without identification of the institutional nature of the
				facility.
12.2.3. Written
				correspondence shall not be opened or read by staff. Mail returned by
				recipients to a patient marked "REFUSED" shall be returned, unopened, to the
				patient.
12.2.4. Indigent patients
				shall be provided letter writing materials, including stamps.
12.2.5. There shall be no delay in
				transmission of outgoing or incoming mail.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-59 - Patient Rights At State-Operated Mental Health facilities › Section 64-59-13 - Personal Clothing and Possessions

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Every patient is entitled to possess
				and wear his or her own personal clothing, dentures, eyeglasses, hearing aid,
				and orthopedic appliances.
13.2.
				Every patient is entitled to constant access to personal possessions such as
				diaries, Bibles, or other books, not withheld for safekeeping by the mental
				health facility or the patient's family.
13.3. The patient's attending physician or
				behavioral health care professional shall justify, in writing in the patient's
				medical or behavioral health care record the withholding of personal clothing,
				or other possessions such as those listed in subsections 13.1 and 13.2 of this
				rule. The statement shall be dated, signed, and reviewed monthly, showing dates
				and signatures of the reviews, and shall show that possession of the personal
				effects would be harmful to the patient or others.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-59 - Patient Rights At State-Operated Mental Health facilities › Section 64-59-14 - Outdoor Exercise and Other Recreational Programming

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Outdoor Exercise. Every patient in an
				inpatient or residential facility has the right to the opportunity for a
				minimum of one hour of outdoor access and exercise on a daily basis seven days
				per week except as otherwise clinically contraindicated. This shall be
				scheduled and afforded at the time during the day when the weather and
				temperature are most appropriate, depending on the season.
14.2. Outdoor activity and exercise shall be
				a part of every m patient's treatment plan.
14.3. Activity and Recreational Programs
14.3.1. Individual programs shall provide a
				balance of active and passive activities, as well as opportunities for daily
				exercise and outdoor activities to the extent that the patient is clinically
				and medically able to participate.
14.3.2. While individual activities are
				scheduled to meet specific therapeutic goals, each patient should have an
				opportunity to participate in social recreation programs of choice.
14.3.3. Social activities should be planned
				at several levels:
(1) small, unit group
				activities such as games, music and exercises;
(2) individual activities such as magazines,
				puzzles, books and drawing materials;
(3) larger off-unit programs such as dances,
				walks and sports; and
(4)
				community-based activities utilizing existing community resources such as
				movies, sightseeing, entertainment, sports, bowling, camping, hiking, picnics,
				etc.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-59 - Patient Rights At State-Operated Mental Health facilities › Section 64-59-16 - Food

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Meals
				Generally. Food and dietetic services shall comply with
				42 C.F.R.
				§§
										482.28,
				482.41,
				and
				482.42;
				the State Operations Manual; and the FDA Food Code.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-59 - Patient Rights At State-Operated Mental Health facilities › Section 64-59-17 - Patients' Labor, Earnings and Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Patient Labor Generally
17.1.1. No patient may be required to perform
				labor which involves the operation and maintenance of the mental health
				facility. Privileges or release from the facility shall not be conditional upon
				the performance of labor governed by this rule.
17.1.2. Patients may voluntarily engage in
				labor which involves the operation and maintenance of the mental health
				facility if the labor is compensated in accordance with the requirements of
				relevant state and federal law and regulations.
17.1.2.a. Patients who are employed to
				perform work of economic benefit to the facility shall be paid wages which are
				commensurate with those paid workers with no disability for essentially the
				same type, quality, and quantity of work.
17.1.2.b. The facility shall maintain for
				each patient who is employed by the facility, and have available for
				inspection, records of: the prevailing wages paid workers with no disability in
				similar jobs; production standards for average workers with no disability
				performing similar jobs; and the productivity of each patient. These records
				shall be reviewed at least quarterly.
17.1.2.c. Patients may not be regularly
				involved in the care, feeding, clothing, training, or supervision of other
				patients.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-59 - Patient Rights At State-Operated Mental Health facilities › Section 64-59-19 - Juveniles

Current through Register Vol. XLI, No. 28, July 12, 2024
No person under 18 years of age shall be admitted to a mental
				  health facility as defined herein.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-59 - Patient Rights At State-Operated Mental Health facilities › Section 64-59-21 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
The provisions of this rule are severable. If any portion of
				  this rule is held invalid, the remaining provisions remain in effect.