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 64-52 - Pertussis Guidelines › Section 64-52-7 - Reviews; Procedures To Notify Health Care Providers Of The Guidelines And Updates

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Within
				thirty days of the effective date of this rule, the Director shall notify by
				letter all health care providers, as defined in this rule, of these guidelines
				and of the provisions of Chapter 16, Article 3B of the West Virginia Code and
				shall enclose a copy of this rule.
7.2. Thereafter, the Director shall annually
				give notice to all health care providers, as defined in this rule, by letter
				summarizing any revisions of this rule or Chapter 16, Article 3, Section 1 et
				seq. of the West Virginia Code.
7.3. The Director shall review this Rule
				annually, or more frequently, if indicated by new medical information. A report
				of the review shall be prepared no later than the thirtieth day of November,
				beginning in nineteen hundred and eighty-six, and annually thereafter. The
				Director shall undertake any revisions of this rule indicated by the report
				according to the procedures specified by Chapter 29A, Article 3 of the West
				Virginia Code.
7.4. In conducting
				annual reviews, the Director will consult, among other things, the following:
				The medical and pharmacy departments of West Virginia's teaching hospitals;
				publications of the United States Centers for Disease Control, the American
				Academy of Pediatrics, and other national recommending bodies with access to
				reasonable medical evidence concerning the administration of the pertussis
				vaccine.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-52 - Pertussis Guidelines › Section 64-52-9 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
Severability -- The provisions of this rule are declared to
				  be severable. If any provisions of this rule shall be held invalid, the
				  remaining provisions of this rule shall remain in effect.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-53 - Hazardous Materials Treatment Information Repository › Section 64-53-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the requirements for assembling and updating a list of
				hazardous materials in West Virginia including information on the immediate
				medical effects of exposure to such materials, the appropriate emergency
				medical treatment of persons exposed to such materials and the most effective
				methods of distributing this information to medical emergency
				personnel.
1.2. Authority. -- W.
				Va. Code ''16-3A-2 and 16-3A-1, et seq.
1.3. Filing Date. -- June 1, 1987.
1.4. Effective Date. -- June 1,
				1987.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-53 - Hazardous Materials Treatment Information Repository › Section 64-53-2 - Application And Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application - This rule shall apply to all manufacturers as defined in Section
				3.4. of this rule, any medical group or person, or any academic institution or
				person.
2.2. Enforcement - The
				enforcement of this rule is vested with the director of the West Virginia
				Department of Health.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-53 - Hazardous Materials Treatment Information Repository › Section 64-53-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Hazardous
				Materials List - means a list, as approved by the director, of chemical
				substances which have been determined to be or are suspected to be hazardous or
				toxic to human health. This list will be a compilation of hazardous chemicals
				from several sources including:
(1) The
				existing list prepared by the Commissioner of Labor pursuant to Section 18,
				Article 3, Chapter 21 of the Code,
(2) Any list, publication, regulation,
				report, guideline or other compilation of the Occupational Health and Safety
				Administration of the United States Department of Labor,
(3) Any list, publication, regulation,
				report, guideline or other compilation of the National Institute for
				Occupational Safety and Health,
(4)
				Any list, publication, regulation, report, guideline or other compilation of
				the National Fire Protection Association,
(5) Any list, publication, regulation,
				report, guideline or other compilation of the United States Environmental
				Protection Agency,
(6) The
				hazardous substances list developed by the Department of Health pursuant to the
				Community Right to Know Act Chapter 16, Article 31, Section 4A of the Code,
				or
(7) Any other source considered
				by the Director to be reliable. The list may include materials not in routine
				use in this State,
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-53 - Hazardous Materials Treatment Information Repository › Section 64-53-4 - Program For Assembling And Updating Hazardous Materials List

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Request for
				information from manufacturers.
4.1.1. Upon
				receipt of a request from the Director for information related to the use of
				storage, production or transportation of materials listed on the hazardous
				materials list, the manufacturer or his designee, any medical group or person,
				or any academic institution or person shall provide information related to the
				frequency of use, the frequency of exposure or over exposure of persons to the
				materials as related to appropriate emergency medical treatment and the known
				harmful effects of exposure to such material. The recommended medical treatment
				of persons exposed to such materials shall be provided in such format as
				required by the Director for each material used, produced, transported or
				stored by the manufacturer, unless good cause be shown to the satisfaction of
				the Director why such request is unreasonable because of a potential breach of
				a trade secret. The information shall be requested by certified mail and shall
				be provided to the Director within thirty days of the receipt of the
				request.
4.1.2. Information
				submitted to the Director from manufacturers in compliance with Chapter 16,
				Article 31 of the Code of West Virginia, as amended, and rules and regulations
				promulgated thereto, shall be used to establish baseline data for purposes of
				these rules and regulations and duplication of data previously submitted by any
				manufacturer will not be required.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-53 - Hazardous Materials Treatment Information Repository › Section 64-53-5 - Program For Distribution Of Information To Medical And Emergency Personnel

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The director
				may authorize the distribution of recognized publications which provide
				information related to the hazards of materials and the medical treatment of
				exposed individuals.
5.2. The
				director may publish and make available handbooks, guidelines or other
				information materials which include a listing of hazardous materials used,
				manufactured, stored or transported in West Virginia for the purpose of
				disseminating treatment information to emergency and medical
				personnel.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-53 - Hazardous Materials Treatment Information Repository › Section 64-53-6 - Repository For Information

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				director may utilize the West Virginia poison information center as the central
				repository for the information and medical care practices necessary for
				treatment of persons exposed to substances identified in the hazardous
				materials list.
6.2. The director
				shall maintain a file of the chemical name of those materials found to be
				hazardous and produced, stored, used or transported by West Virginia firms,
				industries or individuals.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-53 - Hazardous Materials Treatment Information Repository › Section 64-53-7 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
Any person, or corporation, that violates the provisions of
				  this rule shall be subject to a civil penalty of not less than one hundred
				  dollars ($100.00) nor more than one thousand dollars ($1,000.00) for each
				  violation. When the director believes that a violation has occurred he may
				  request the attorney general or the prosecuting attorney of the county where
				  the violation occurred to file a civil action for civil penalties, or for
				  injunctive or other relief, or both penalties and injunctive or other
				  relief.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-53 - Hazardous Materials Treatment Information Repository › Section 64-53-8 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
Those persons adversely affected by the enforcement of this
				  rule desiring a contested case hearing to determine any rights, duties,
				  interests, or privileges shall do so in a manner prescribed in Rules of
				  Procedure for Contested Case Hearings and Declaratory Rulings, West Virginia
				  Department of Health Procedural Rules, Series 1, 1983.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-53 - Hazardous Materials Treatment Information Repository › Section 64-53-9 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
The provisions of this rule as declared to be severable. If
				  any provisions of this rule shall be held invalid, the remaining provisions of
				  this rule shall remain in effect.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-54 - Hospice Licensure Rule › Section 64-54-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes general standards and procedures for the licensure
				of hospice programs in West Virginia.
1.2. Authority. -- W. Va. Code
				§16-5I.
1.3. Filing Date. --
				April 11, 2008.
1.4. Effective
				Date. -- May 1, 2008.
1.5. Repeal
				of Former Rule. -- This legislative rule repeals and replaces Licensure of
				Hospice Care Programs, West Virginia Department of Health and Human Resources
				Legislative Rules, 64CSR54, effective 1989.
1.6. Applicability. -- This rule applies to
				any person, partnership, association or corporation and any local governmental
				unit or any division, department, board or agency thereof establishing,
				conducting, managing or operating a hospice. The hospice shall be in compliance
				with the standards in this rule and shall be evaluated independently from
				compliance with other licensure standards. A hospice may share staff, space,
				physical facilities and equipment or other components only if the requirements
				of each applicable rule are satisfied in full.
1.7. Enforcement. -- This rule is enforced by
				the Secretary of the West Virginia Department of Health and Human Resources or
				his or her other lawful designee.
1.8. Purpose. -- The purpose of this rule is
				to ensure that all West Virginia hospices conform to a common set of standards
				and procedures. All standards and procedures are minimum requirements whereby
				hospices may be surveyed and evaluated to ensure the health and safety of all
				patients treated in West Virginia hospices.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-54 - Hospice Licensure Rule › Section 64-54-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Administrator.
				-- A qualified person who possesses the education and experience required by
				the hospice's governing body. The administrator reports to the governing body
				and is responsible for the day to day operation of the hospice.
2.2. Department. -- West Virginia Department
				of Health and Human Resources.
2.3.
				Director. -- The official designated by the Secretary of the West Virginia
				Department of Health and Human Resources as his or her designee unless
				otherwise specifically noted. This individual is the Director of the Office of
				Health Facility Licensure and Certification or his or her designee.
2.4. Emergency Medication Kits. -- Medication
				provided in the home that is not routine for the patient and may be required
				for emergency symptom management.
2.5. Governing Body. -- The designated
				persons assuming full legal authority and responsibility for the management of
				the hospice, the provision of all hospice services, its fiscal operations, and
				continuous quality assessment and performance improvement.
2.6. Hospice. -- a coordinated program of
				home and inpatient care provided under the direction of an identifiable hospice
				administration which provides palliative and supportive medical and other
				health services to terminally ill individuals and their families. Hospice uses
				a medically directed interdisciplinary team. A hospice program of care provides
				care to meet the physical, psychological, social, spiritual and other special
				needs which are experienced during the final stages of illness and during dying
				and bereavement.
2.7. Inpatient
				Hospice Facility. -- A satellite location of a hospice that provides inpatient
				services directly at a facility provided by the Director.
2.8. NFPA. -- National Fire Protection
				Association.
2.9. Restraint. -- Any
				medication used to control behavior or to restrict the patient's freedom of
				movement which is not part of the standard treatment for a patient's medical or
				psychiatric condition or any physical or mechanical device, material, or
				equipment attached to the patient's body that he or she cannot easily remove
				and restricts freedom of movement or normal access of the patient to his or her
				body.
2.10. Satellite Location. --
				A state approved location that provides hospice care and services within a
				portion of the total geographic area served by the hospice provider. The
				satellite location is part of the hospice and shares the same name,
				administration, and services in a manner that renders it unnecessary for the
				satellite location to independently meet this rule.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-54 - Hospice Licensure Rule › Section 64-54-3 - State Administrative Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. General Licensure Provisions
3.1.a. A person, partnership, association,
				corporation, or any governmental unit or any division, department, board or
				agency thereof may not operate a hospice, satellite location or inpatient
				facility in the State of West Virginia without first obtaining a license under
				this rule.
3.1.b. An original or a
				renewal license shall not be issued under this rule for a project reviewable
				under W. Va. Code §
										16-2D-1, ,
				unless the State Health Planning and Development Agency has issued a
				determination, after a final conformance review, that the completed project
				conforms to the terms of the Certificate of Need decision issued for the
				project. The hospice shall supply evidence of compliance with the State Health
				Planning and Development Agency when submitting licensure applications to the
				Director.
3.1.c. A license is valid
				only for the premises and persons named and described in the
				application.
3.1.d. A license is
				not transferable or assignable.
3.1.e. A license is issued to applicants who
				are in compliance with the conditions of this rule, W. Va. Code § 16-51-1,
				and the Hospice Conditions of Participation promulgated by the Centers for
				Medicare and Medicaid Services.
3.1.f. A hospice shall surrender its license
				to the Director:
3.1.f.1. Upon written demand
				stating the cause for the demand; or
3.1.f.2. In the event the hospice ceases to
				provide services.
3.1.g.
				A hospice shall report a proposed change of ownership, including a change in a
				controlling interest, to the Director a minimum of sixty (60) days prior to the
				change.
3.1.g.1. A new owner shall
				immediately apply for a new license.
3.1.g.2. A new owner's application for a
				license has the effect of a valid license for three (3) months from the date
				the application is received by the Director.
3.1.h. A license shall state:
3.1.h.1. The specific name of the hospice to
				which it applies;
3.1.h.2. The date
				of its issuance; and
3.1.h.3. Its
				expiration date.
3.1.i.
				A hospice name change shall be shown on the next license issued.
3.1.j. The license shall be posted in a
				conspicuous and public place of the hospice.
3.1.k. Any hospice, satellite location or
				inpatient facility's advertisement shall contain the legal name provided to the
				Director at the time of application.
3.1.l. A hospice shall apply and receive
				notification and approval from the Director before a hospice may operate an
				inpatient facility, satellite location or any other location.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-54 - Hospice Licensure Rule › Section 64-54-4 - Organization and Management

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A
				hospice shall have a governing body that determines, implements and monitors
				policies governing the hospice's total operation in accordance with established
				bylaws.
4.1.a. If a hospice is operated by a
				hospital, nursing home or other type of organization, there shall be an
				identifiable separate administration which serves the function of the governing
				body for a hospice program, although a separate ownership or board of directors
				is not required.
4.1.b. The
				governing body shall meet at least annually to review the hospice's total
				operation including at a minimum:
4.1.b.1.
				Policy review;
4.1.b.2. Provision
				and coordination of inpatient care and in home care;
4.1.b.3. The quality assessment and
				performance improvement committee's reports and actions; and
4.1.b.4. Any other reviews necessary to
				determine adequate care, treatment, health, safety, welfare and comfort of
				hospice patients .
4.1.c. Annual reviews shall be documented by
				signed meeting minutes kept at the hospice.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-54 - Hospice Licensure Rule › Section 64-54-5 - Provision of care

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A hospice
				shall provide services seven days a week, twenty-four hours a day to meet the
				needs of the patient.
5.2. A
				hospice shall provide the services described in subsections 5.6. and 5.7. of
				this rule to the extent necessary to meet the needs of patients that are
				reasonable and necessary for the palliation and management of the terminal
				illness.
5.3. The hospice shall
				make services available at the patient's place of residence.
5.3.a. Services provided to patients residing
				at skilled nursing facilities, nursing facilities, intermediate care facilities
				for the mentally retarded or any other facilities, shall meet all the same
				requirements as any other patient of the hospice and the hospice shall have an
				agreement for services.
5.3.a.1. The hospice
				shall retain professional management of hospice care.
5.3.a.2. The hospice shall ensure continuity
				of care.
5.3.a.3. The hospice shall
				ensure care is provided in accordance with the plan of care.
5.3.a.4. The hospice shall develop a way to
				monitor and supervise hospice services in these facilities.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-54 - Hospice Licensure Rule › Section 64-54-6 - Coordination of care

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. At the
				time an individual is accepted for care, or no later than the second calendar
				day, a hospice shall obtain documentation from the attending physician and the
				physician member of the hospice interdisciplinary team or medical director
				stating the client is terminally ill.
6.1.a.
				The physician shall certify the patient to be terminally ill indicating a life
				expectancy of six (6) months or less or another length of time as determined by
				the Centers for Medicare and Medicaid Services and designated in federal
				hospice regulations.
6.1.b. A
				verbal certification shall be obtained and signed by both physicians if the
				written certification is not obtained by both physicians within two (2)
				calendar days following the initiation of hospice care.
6.1.c. The certification may be completed up
				to two (2) weeks before hospice care is elected.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-54 - Hospice Licensure Rule › Section 64-54-7 - Infection Control

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A hospice
				shall maintain an effective infection control program that protects the
				patients, their families and hospice personnel by preventing and controlling
				infections and communicable diseases.
7.2. The program shall include the
				implementation of a nationally recognized system of infection control
				guidelines.
7.3. A hospice shall
				designate a person or persons responsible for the education and training of all
				staff in regards to infection control.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-54 - Hospice Licensure Rule › Section 64-54-8 - Quality Assessment and Performance Improvement

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A hospice shall establish a quality
				assessment and performance improvement program that ensures quality of care is
				provided to all patients. The program shall monitor, identify and take
				corrective actions to identified problems.
8.2. The hospice shall designate a person or
				persons responsible for the quality assessment and performance improvement
				program.
8.3. The designated person
				or persons of the quality assessment and performance improvement program shall
				have a written plan for the annual review and evaluation of all hospice care
				and services.
8.4. The annual
				review and evaluation shall include a representative of each hospice service
				offered.
8.5. The annual review
				shall be sent to the governing body for review.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-54 - Hospice Licensure Rule › Section 64-54-9 - Volunteer Services

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1 A
				hospice shall use volunteers in the provision of care and services under the
				direction of the interdisciplinary team.
9.2. The hospice shall designate a person or
				persons responsible for the training, education and supervision of
				volunteers.
9.3. A hospice shall
				develop written policies and procedures for volunteers providing care and
				services.
9.4. A hospice shall
				document the training of volunteers. The training shall contain at a minium:
9.4.a. Volunteer duties and
				responsibilities;
9.4.b. The person
				or persons to whom the volunteer reports;
9.4.c. The person or persons to contact if
				the volunteer needs assistance and instructions regarding the performance of
				his or her duties and responsibilities;
9.4.d. Confidentiality and protection of the
				patient's and family's rights;
9.4.e. Procedures to be followed in an
				emergency;
9.4.f. Job
				responsibilities specific to the individual's responsibilities;
9.4.g. Instructions on documentation of
				volunteer hours and documentation of patient contacts; and
9.4.h. Training regarding procedures to
				follow at the time of a patient death;
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-54 - Hospice Licensure Rule › Section 64-54-10 - Counseling Services

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. A
				hospice shall designate a person or persons responsible for the delivery and
				supervision of nutritional counseling, spiritual counseling and bereavement
				services.
10.2. The hospice program
				shall provide for the delivery of nutritional counseling, spiritual counseling
				and bereavement services that reflect the patient's and family's needs and
				desires and is delivered based on the plan of care.
10.3. Spiritual counseling may be provided
				through a working arrangement with individual clergy, clergy associations and
				other religious programs in the community or by clergy employed by the hospice.
10.3.a. The hospice shall maintain
				documentation of a patient's or family's request for clergy and the delivery of
				the services.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-54 - Hospice Licensure Rule › Section 64-54-11 - Pharmaceutical Services

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. All
				drugs and biologicals shall be administered in accordance with standards of
				practice by:
11.1.a. Appropriately licensed
				employees of a hospice; or
11.1.b.
				The patient and his or her family who have been properly educated on
				administration of the medications by a licensed employee of the
				hospice.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-54 - Hospice Licensure Rule › Section 64-54-12 - Inpatient Facility Services

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. General Requirements.
12.1.a. If a hospice administers an inpatient
				facility for acute symptom management, respite care or residential care, the
				provisions of this section apply.
12.1.b. An inpatient facility shall have a
				full time administrator. The administrator shall designate an individual who
				shall act in his or her absence as needed.
12.1.c. An inpatient facility shall have a
				full or part time physician to meet the needs of the patient.
12.1.c.1. A physician, who can be the medical
				director for the hospice, or designee shall be available on call at all
				times.
12.1.d. An
				inpatient facility shall make reasonable efforts to safeguard personal property
				and promptly investigate complaints of any loss. At the time of admission, the
				inpatient facility shall prepare a record of all clothing, personal possessions
				and money brought by the patient to the inpatient facility. The inpatient
				facility shall update the record as additional personal property is brought to
				the inpatient facility.
12.1.e. If
				an inpatient facility keeps patient funds, the funds shall be kept in an
				account separate from the inpatient facility funds. Patient funds shall not be
				used by the inpatient facility.
12.1.f. An inpatient facility shall have a
				policy to admit only patients who:
12.1.f.1.
				Have been diagnosed as terminally ill; and
12.1.f.2. Have personally or through a legal
				representative, in writing, given informed consent to receive hospice
				care.
12.1.g. Inpatient
				facility admissions in excess of the licensed bed capacity are prohibited
				except when the Director approves an emergency admission.
12.1.h. If a patient is transferred from
				in-home hospice care to the inpatient facility then the following shall occur:
12.1.h.1. The home hospice staff shall
				contact the inpatient facility with a report including the services to be
				provided;
12.1.h.2. The home
				hospice care shall provide a copy of the interdisciplinary team care plan
				within twenty-four (24) hours to the inpatient facility;
12.1.h.3. The home hospice care shall provide
				significant information to the inpatient facility to ensure continuity of
				care.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-54 - Hospice Licensure Rule › Section 64-54-13 - Inpatient Physical Facilities, Equipment, and Related Items

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The
				provisions of this section apply to all hospice inpatient facilities. An
				inpatient facility licensed prior to the effective date of this rule shall be
				maintained in accordance with applicable standards of practice as referenced in
				"Sections 8 and 13" in the 2001 edition of The Guidelines for Design and
				Construction of Hospital and Health Care Facilities as recognized by the
				American Institute of Architects Academy of Architecture for Health.
13.2. The following documents shall be
				adopted as construction, equipment, physical facility, and related procedural
				standards for all inpatient facilities, new construction and any additions,
				alterations, renovations, or conversions of existing buildings:
13.2.a. "Section 4.2: of the 2006 edition of
				The Guidelines for Design and Construction of Hospital and Health Care
				Facilities as recognized by the American Institute of Architects Academy of
				Architecture for Health with assistance from the United States Department of
				Health and Human Resources shall be used as planning standards;
13.2.b. The State Building Code, which is the
				2003 Edition of the International Building Code as adopted by the State Fire
				Commission, State Building Code, 87CSR4;
13.2.c. Provisions applicable to nursing
				homes, electrical standards, medical gas standards and patient care equipment
				standards and health care emergency management standards as defined in the
				applicable subsections in the 2005 Edition of NFPA 99, Standard for Health Care
				Facilities;
13.2.d. The guidelines
				set forth in the Americans With Disabilities Act, 28 CFR Part 36; and
13.2.e. The current State Fire Code as
				adopted by the State Fire Commission, State Fire Code, 87CSR1.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-54 - Hospice Licensure Rule › Section 64-54-14 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Director's
				Authority
14.1.a. The Director may suspend or
				revoke a hospice license according to the provisions of W. Va. Code §
										16-5I-1,
				if he or she finds upon inspection that there has been a substantial failure to
				comply with the provisions of this rule or with the laws of this state or with
				any other order or final decision.
14.1.b. The Director shall refuse to grant a
				license if he or she finds that the applicant has failed to be in substantial
				compliance with the provisions of this rule or the laws of this state or with
				any other order or final decision.
14.1.c. When the Director takes action
				pursuant to the suspension or revocation of a license issued under this rule,
				he or she shall comply with the requirements and procedures set forth in W. Va.
				Code §
										16-5I-1,
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-54 - Hospice Licensure Rule › Section 64-54-15 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1.
				Before revoking or suspending a hospice license, the Director shall serve the
				licensee with written notice of the grounds of the complaint, and the procedure
				for challenging the allegation.
15.1.a. The
				notice shall be sent by certified mail to the licensee at the address where the
				hospice is located.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-55 - Incorporation Of Policy And Procedures Manual For The Special Supplemental Food Program For Women, Infants And Children (WIC) Program › Section 64-55-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				manual contains policies and procedures developed by the West Virginia
				department of health for administration of the Special Supplemental Food
				Program for Women, Infants and Children (WIC Program) in West Virginia. The WIC
				Program is a federal grant program of the United States department of
				agriculture, food and nutrition service.
1.2. Authority. -- W. Va. Code '16-1-10,
				''16-1-15 and 7 Code of Federal Regulations, Part 246.
1.3. Filing Date. -- May 6, 1986.
1.4. Effective Date. -- October 1,
				1980.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-55 - Incorporation Of Policy And Procedures Manual For The Special Supplemental Food Program For Women, Infants And Children (WIC) Program › Section 64-55-2 - Incorporation of Manual By Reference

Current through Register Vol. XLI, No. 28, July 12, 2024
The West Virginia WIC Program Policy and Procedures Manual is
				  hereby incorporated by reference as a legislative rule. The manual is available
				  from the West Virginia secretary of state's office or the West Virginia
				  department of health.
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 64-56-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. This
				legislative rule establishes requirements regarding the generation, handling,
				storage, transportation, treatment and disposal of infectious medical
				waste.
1.2. Authority. --
W. Va. Code
§§
									16-1-4,
				20-51-6(a) and 22-18-7(d). Related-
W. Va. Code
§§
				20-51-1,
et. seq.,
20-5K-1,
et. seq.,
and
				22-18-1,
et. seq.
1.3. Filing Date. -- April 28, 2016
1.4. Effective Date. -- July 1,
				2016
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 64-56-2 - Applicability; Exemptions; Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Applicability.
This rule applies to: any person who generates, handles,
				  stores, transports, treats or disposes of infectious medical waste, or who
				  proposes to do so, except as specified in Section 2.2. of this rule.
2.2. Exemptions.
2.2.a. Individual households in which
				infectious medical waste is generated by a member of the household during self
				health care or by the provision of health care services within the residence
				shall be exempt from the requirements of this rule, except that the householder
				shall place sharps in a container with a high degree of puncture resistance
				prior to discarding them.
2.2.b.
				Ambulance or rescue services shall be exempt from the requirements of this
				rule, except that all infectious medical waste generated in an ambulance or
				rescue vehicle shall be packaged as required by Section 6.2 of this rule and
				delivered to a permitted infectious medical waste management
				facility.
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 64-56-4 - Permit Application and Approval Procedures for Non-Commercial Infectious Medical Waste Management Facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. This section applies only to
				non-commercial infectious medical waste facilities. No person may own,
				construct, modify or operate an infectious medical waste management facility,
				nor shall any person store, transport, treat or dispose of any infectious
				medical waste without first obtaining a permit from the Secretary, unless
				exempted by Sections 2.1., 2.2. or 4.17. of this rule.
4.2. No person shall begin physical
				construction of a new non-commercial infectious medical waste management
				facility without having received a permit.
4.3. The owner of a non-commercial infectious
				medical waste management facility shall be responsible for insuring that the
				facility has a permit.
4.4. The
				owner of an infectious medical waste facility shall provide public notice of
				intent to apply for a permit.
4.4.a. Public
				notice shall be given by any method reasonably calculated to give actual notice
				of the action in question to the persons potentially affected by it, including
				press releases or any other forum or medium to elicit public
				participation.
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 64-56-5 - Infectious Medical Waste Management Plan

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. All infectious medical waste management
				facilities shall develop an infectious medical waste management plan.
5.2. The infectious medical waste management
				plan shall set forth policies and procedures for managing infectious medical
				waste which are consistent with this rule and shall include, at a minimum, the
				following:
5.2.a. A projection of the weight
				of the infectious medical waste which will be generated monthly;
5.2.b. A description of infectious and
				noninfectious medical waste handling, storage, separation and volume-reduction
				procedures;
5.2.c. The methods
				which will be used to treat the infectious medical waste;
5.2.d. Transportation method;
5.2.e. Manifest systems or shipping documents
				and labeling;
5.2.f. Disposal
				methods consistent with Section 10.4 of this rule;
5.2.g. The name, mailing and email addresses,
				and telephone numbers and public service commission or other permit or license
				number of any infectious medical waste transporter, if applicable;
5.2.h. Training procedures, including an
				outline of training programs, and procedures for the certification of personnel
				involved in the treatment of infectious medical waste;
5.2.i. The name, mailing and email addresses,
				and telephone numbers of the person responsible for infectious medical waste
				management at the generator or the facility, and the name, mailing and email
				addresses, and telephone numbers of an alternate person to contact in the event
				the manager is not available;
5.2.j. Policies requiring that no infectious
				medical waste will be knowingly transported or knowingly received by the
				generator or facility without being packaged and labeled in accordance with
				this rule;
5.2.k. Contingency plans
				for effective action to minimize damage from any interruption in treatment,
				storage or disposal of infectious medical waste;
5.2.l. A description of the procedures used
				to:
5.2.l.1. Prevent hazards in loading and
				unloading operations;
5.2.l.2.
				Prevent run-off from infectious medical waste handling areas to other areas of
				the facility or environment;
5.2.l.3. Prevent contamination of water
				supplies;
5.2.l.4. Mitigate effects
				of equipment failure and power outages;
5.2.l.5. Prevent exposure of personnel to
				infectious medical waste; and
5.2.l.6. Address spill prevention and spill
				mitigation procedures;
5.2.1.6.a Include
				procedure for use of personal protective equipment (PPE); and
5.2.1.6.b. Include contents of the required
				spill kit, set forth in section 7 of this rule.
5.2.m. Procedures for continuity of
				operations during a change of ownership;
5.2.n. Any other information pertinent to the
				evaluation of compliance 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 64-56 - Infectious Medical Waste › Section 64-56-6 - Packaging and Labeling

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				General.
6.1.a. The generator of infectious
				medical waste shall be responsible for ensuring that the packaging and labeling
				of infectious medical waste is in compliance with this rule and any other
				applicable state or federal laws or regulations.
6.1.b. Contractors or other agents may
				provide services to the generator, including packaging and labeling of
				infectious medical waste: Provided, however, that no contract or other
				relationship shall relieve the generator of the responsibility for packaging
				and labeling the infectious medical waste as required by this rule. Nothing in
				this section shall be construed to prevent or limit any cause of action by a
				generator against any other party for any reasons for which the law gives a
				remedy.
6.1.c. No person shall
				knowingly accept for transportation, storage, treatment or disposal any
				infectious medical waste that is not packaged and labeled in accordance with
				this rule. Contractors or other agents may package or repackage infectious
				medical waste to comply with this rule, if the packaging or repackaging is
				performed prior to transportation off-site or storage on-site. Proper
				repackaging of infectious medical waste that has spilled during transportation
				is required prior to further transportation.
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 64-56-7 - Management of Spills of Infectious Medical Waste

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. All infectious medical waste management
				facilities shall provide a spill kit for management of spills of infectious
				medical waste.
7.2. Large Quantity
				Generators of infectious medical waste shall keep a spill containment and
				cleanup kit within the vicinity of any area where infectious medical waste is
				managed on a bulk storage basis. The location of the kit shall provide for
				rapid and efficient cleanup of spills anywhere within the area.
7.2.a. The kit shall contain an amount of
				absorbent material sufficient to have a rated capacity of one (1) gallon of
				liquid for every cubic foot of infectious medical waste that is normally
				managed in the area for which the kit is provided or often (10) gallons,
				whichever is less.
7.2.b. The kit
				shall contain one (1) gallon of hospital grade disinfectant is and a sprayer
				capable of dispersing its charge in a mist or in a stream at a distance. The
				disinfectant shall be hospital-grade and effective against
				mycobacteria.
7.2.c. The kit shall
				contain enough red plastic bags to enclose one hundred and fifty percent (150%)
				of the maximum quantity stored. The bags shall meet the requirements in 6.2 of
				this rule and shall be accompanied by sealing tape or devices and labels or
				tags. These bags shall be large enough to enclose any box or other container
				normally used for infectious medical waste management by that
				facility.
7.2.d. The kit shall
				contain two (2) new sets of overalls, gloves, boots, caps, and devices to
				protect the eyes and respiratory tract, and tape for sealing wrists and ankles.
				The overalls, boots and caps shall be oversized or fitted to the infectious
				medical waste workers or transporters, and shall be made of materials
				impermeable to liquids. Boots may be of thick rubber and gloves shall be of
				heavy neoprene or equivalent material. Boots, gloves and breathing devices may
				be reused if disinfected between uses.
7.2.e. The kit shall contain an adequate
				first aid kit and an adequate amount of boundary marking tape.
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 64-56-8 - Storage of Infectious Medical Waste

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. This section is applicable to the
				storage of infectious medical waste at any time after packaging (sealing) for
				transport, including time spent during transportation and at all treatment and
				disposal sites or facilities.
8.2.
				Infectious medical waste other than sharps shall not be stored for more than
				thirty (30) days prior to transportation to an infectious medical waste
				management facility, even if refrigerated: Provided, that the total amount of
				storage time, including transportation to an infectious medical waste
				management facility, shall not exceed forty-five (45) days. Facilities that
				treat infectious medical waste on-site shall not store the infectious medical
				waste more than thirty (30) days.
8.3. Infectious medical waste shall be stored
				in a specifically designated area located at or near the treatment site, or at
				the pickup point if it is to be transported off-site for treatment.
8.4. The manner of storage shall maintain the
				integrity of the containers; prevent the leakage of waste from the container;
				provide protection from water, rain and wind, and maintain the waste in a
				non-putrescent state.
8.5. All
				storage areas shall be constructed of materials which are durable, easily
				cleanable, impermeable to liquids, and affords protection from animals and does
				not provide a breeding place or a food source for insects or rodents.
8.6. Carpets and floor coverings with open
				seams in which water may be entrapped shall not be used in storage areas. All
				floor drains shall discharge directly to a sanitary sewage disposal system
				which is in compliance with Sewage System Rules, 64 CSR 9 or other containment
				system which prevents any spilled materials from reaching the
				environment.
8.7. All storage areas
				shall be kept clean and in good repair.
8.8. All storage areas shall have access
				control that limits access to those persons specifically designated to manage
				infectious medical waste. The areas shall be posted prominently with the
				international biohazard symbol and with warning signs located adjacent to the
				exterior of entry doors, gates or lids which indicate the use of the area for
				storage of infectious medical waste and that entry to unauthorized persons is
				denied.
8.9. Infectious medical
				waste shall not be placed in chutes at any time.
8.10. Compaction of infectious medical waste
				or subjecting infectious medical waste to mechanical action is prohibited
				unless as a part of a specific treatment process approved by the Secretary.