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 64-23 - Radiological Health Rule › Section 64-23-6 - Standards for Protection Against Radiation

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Purpose and Scope
6.1.a. Except as specifically provided in
				other Sections of this rule, this Section applies to persons registered by the
				agency to receive, possess, use, transfer, or dispose of sources of radiation.
				The limits in this part do not apply to doses due to background radiation, to
				exposure of patients to radiation for the purpose of medical diagnosis or
				therapy, or to voluntary participation in medical research programs.
6.1.b. The requirements of this Section are
				designed to control the receipt, possession, use, transfer, and disposal of
				sources of radiation by any registrant so the total dose to an individual,
				including doses resulting from all sources of radiation other than background
				radiation, does not exceed the standards for protection against radiation
				prescribed in this Section. However, nothing in this Section shall be construed
				as limiting actions that may be necessary to protect health and safety in an
				emergency.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-23 - Radiological Health Rule › Section 64-23-9 - Radiation Safety Requirements for Analytical X-Ray Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Scope - This
				Section provides special requirements for analytical x-ray equipment. The
				requirements of this Section are in addition to, and not in substitution for
				applicable requirements in other Sections of this rule.
9.2. Definitions
9.2.1. Analytical X-ray Equipment - equipment
				used for x-ray diffraction of fluorescence analysis.
9.2.2. Analytical X-ray System - a group of
				components utilizing x-ray to determine the elemental composition or to examine
				the microstructure of materials.
9.2.3. Fail-safe Characteristics - a design
				feature which causes beam port shutters to close, or otherwise prevents
				emergency of the primary beam, upon the failure of a safety or warning
				device.
9.2.4. Local Components -
				part of an analytical x-ray system and includes areas that are struck by x-rays
				such as radiation source housings, port and shutter assemblies, collimators,
				sample holders, cameras, goniometers, detectors and shielding, but do not
				include power supplies, transformers, amplifiers, readout devices, and control
				panels.
9.2.5. Normal Operating
				Procedures - step-by-step instructions necessary to accomplish the analysis.
				These procedures shall include sample insertion and manipulation, equipment
				alignment, routine maintenance by the registrant, and data recording procedures
				which are related to radiation safety.
9.2.6. Open-beam Configuration - an
				analytical x-ray system in which an individual could accidently place some part
				of his body in the primary beam path during normal operation.
9.2.7. Primary Beam - radiation which passes
				through an aperture of the source housing by a direct path from the x-ray tube
				or a radioactive source located in the radiation source housing.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-23 - Radiological Health Rule › Section 64-23-10 - Radiation Safety Requirements for Particle Accelerators

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Purpose and Scope
10.1.a. This Section establishes procedures
				for the registration and use of particle accelerators.
10.1.b. In addition to the requirements of
				this Section, all registrants are subject to the requirements of Sections 1, 5,
				6, 11 and 13 Subsections 13.5., 13.6. and 13.7. of this rule. Registrants
				engaged in industrial radiographic operations are subject to the requirements
				of Subsection 8.16. of this rule and registrants engaged in the healing arts
				are subject to the requirements of Sections 7. and 12. Subsection 11.7. and
				11.8. of this rule. Registrants whose operations result in the production of
				radioactive material are subject to the requirements of Section 11. 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 64-23 - Radiological Health Rule › Section 64-23-11 - Registration of Radioactive Materials

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Purpose and Scope
11.1.a. This Section, and Sections 13. and
				15. of this rule, provide for the registration of radioactive material. No
				person shall receive, possess, use, transfer, own, or acquire radioactive
				material except as authorized pursuant to this Section and Sections 13. and 15.
				of this rule, or as otherwise provided in these Sections.
11.1.b. In addition to the requirements of
				this Section, all registrants are subject to the requirements of Sections 1.,
				6., 13. and 15. of this rule. Furthermore, registrants engaged in industrial
				radiographic operations are subject to the requirements of Section 8 of this
				rule, registrants using radionuclides in the healing arts are subject to the
				requirements of Section 12. of this rule, and registrants engaged in wireline
				and subsurface tracer studies are subject to the requirements of Section 15. 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 64-23 - Radiological Health Rule › Section 64-23-13 - Notices, Instructions and Reports to Workers; Inspections

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Purpose and
				Scope. This Section establishes requirements for notices, instructions and
				reports by registrants to individuals engaged in activities under a
				registration and options available to such individuals in connection with
				agency inspections of registrants to ascertain compliance with the provisions
				of the rules issued thereunder regarding radiological working conditions. The
				rules in this Section apply to all persons who receive, possess, use, own, or
				transfer sources of radiation registered with agency pursuant to Sections 5.
				and 11. of this rule.
13.2. Posting
				of Notices to Workers.
13.2.a. Each
				registrant shall post current copies of the following documents:
13.2.a.1. The rules in this Section and in
				Section 6. of this rule;
13.2.a.2.
				Certificate of registration, conditions or documents incorporated into the
				registration by reference and amendments thereto;
13.2.a.3. The operating procedures applicable
				to activities under the registration; and
13.2.a.4. Any notice of violation involving
				radiological working conditions, proposed imposition of civil penalty, or order
				issued pursuant to Section 1 of this rule, and any response from the
				registrant.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-23 - Radiological Health Rule › Section 64-23-16 - Radiation Safety Requirements for Technologically Enhanced Radioactive Materials (TENORM)

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1.
				Purpose. This Section establishes radiation protection standards for the
				possession, use, transfer, and disposal of technologically enhanced naturally
				occurring radioactive materials (TENORM).
16.2. Scope.
16.2.a. This rule apply to any person who
				receives, owns, possesses, uses, processes, transfers, distributes, or disposes
				of TENORM.
16.2.b. The rules in
				this Part address the introduction of TENORM into products in which neither the
				TENORM, nor the radiation emitted from the TENORM, is considered to be
				beneficial to the products.
16.2.c.
				The manufacture and distribution of products containing TENORM, in which the
				TENORM or its emitted radiation is considered to be a beneficial attribute, are
				registered under the provisions of Section 11. of this rule.
16.2.d. This Section does not apply to
				radionuclides for which NRC retains exclusive jurisdiction.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-24 - Newborn Hearing Screening › Section 64-24-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes a reasonable fee schedule, a cost-effective screening
				protocol, and reporting and referral requirements for the screening of newborn
				infants for hearing impairments, and becomes effective on July 1, 2001. This
				rule should be read in conjunction with W. Va. Code '16-22A-1 et seq.
				The W. Va. Code is available in public libraries and on the Legislature's
				webpage,
http://www.legis.state.wv.us/
.
1.2. Authority. -- W. Va. Code '16-22A-2
				and
				16-1-7.
1.3. Filing Date. -- May 4, 2001.
1.4. Effective Date. -- July 1,
				2001.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-24 - Newborn Hearing Screening › Section 64-24-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. -- This rule applies to all infants born in West Virginia and to
				the health care providers caring for infants at birth.
2.2. Enforcement. -- This rule is enforced by
				the director of the division of health.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-24 - Newborn Hearing Screening › Section 64-24-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. ABR (Auditory
				Brainstem Response). - Newborn hearing screening equipment that provides
				information about the auditory pathway up to the brainstem.
3.2. Advisory Committee. -- The West Virginia
				Hearing Impairment Testing Advisory Committee created in W. Va. Code
				'16-22A-4
				to advise the director regarding the protocol, validity, monitoring and cost of
				newborn hearing screening procedures required under W. Va. Code '16-22A-1 et
				seq.
3.3. Birth Score Developmental
				Risk Screen. -- Medical assessment conducted immediately after birth to
				identify newborns at greatest risk for poor health or infant mortality within
				the first year of life, under the provisions of W. Va. Code '16-22B-1
				et seq.
3.4. Director. -- The
				director of the division of health or his or her lawful designee.
3.5. Division. -- The division of
				health.
3.6. DRG (Diagnosis Related
				Group). -- The payment code incorporating a group of inpatient hospital charges
				or costs.
3.7. Health Care
				Facility. -- Any licensed medical facility that offers birthing
				services.
3.8. Health Care
				Provider. -- A physician or licensed midwife present during or immediately
				after delivery.
3.9. Primary Care
				Provider. -- The physician, physician's assistant, nurse, nurse practitioner or
				other licensed medical professional responsible for the infant's health
				services after discharge from the health care facility.
3.10. OAE (Otoacoustic Emissions Test). -- A
				screen that provides data about hearing distortion to the
				cochlea.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-24 - Newborn Hearing Screening › Section 64-24-4 - When Screening is Required

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. W. Va.
				Code '16-22A-1 et seq.
				requires that all infants born in a licensed health care facility be screened
				for hearing impairments except when there is no third-party payor for the
				screening and the parents refuse to have the screening performed, as in W. Va.
				Code '16-22A-3(c).
4.2. When the birth takes place in a licensed
				health care facility and there is a third-party payor, the health care provider
				present at the birth shall immediately perform or cause to be performed
				screening for hearing impairments.
4.3. When an infant is born in a nonlicensed
				facility, including a home, the health care provider shall inform the parents
				of the need to obtain the screening within the first month of the infant's
				life.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-24 - Newborn Hearing Screening › Section 64-24-5 - Screening Protocol

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				health care provider shall perform, or cause to be performed, newborn hearing
				screening in both ears shortly after birth, using either the ABR and/or OAE
				screening equipment, following the equipment manufacturer's
				guidelines.
5.2. The screening
				shall be performed by trained personnel, according to the American Academy of
				Pediatrics (AAP) standards.
5.3.
				The director, with concurrence of the advisory committee, may update or modify
				the screening procedures according to screening protocol, technology and
				current national standards.
5.4. If
				the health care provider is unable to screen the infant before discharge, the
				primary care provider is responsible for referring the infant for a
				non-hospital-administered hearing screening test.
5.5. If the infant does not pass the initial
				screening test, the health care provider shall perform a second screening test
				prior to the infant's hospital discharge.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-24 - Newborn Hearing Screening › Section 64-24-6 - Screening Fee Schedule

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. All
				licensed health care facilities shall charge a fee for the initial newborn
				hearing screening that will be applied to all payors at a rate not to exceed
				the rate established by the Medicaid DRG process.
6.2. For infants born in a nonlicensed health
				care facility, including a home, a health care provider shall charge a fee for
				an outpatient newborn hearing screen at a rate not to exceed the rate
				established by Medicaid.
6.3. The
				fee for newborn hearing screening may be reviewed annually.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-24 - Newborn Hearing Screening › Section 64-24-7 - Screening Reporting and Referral

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The health care provider shall record
				the hearing screening results in the infant's medical record and on the Birth
				Score Developmental Risk Screen.
7.2. The health care provider shall report
				all screening results to the infant's parents, legal guardian, and primary care
				provider prior to discharge.
7.3.
				When an infant is born in a non-licensed facility, including a home, the
				provisions of subsection 4.3 apply.
7.4. All birthing facilities are responsible
				for reporting screening results. They shall send hard copy data on in-patient
				screening results to the Birth Score Office, West Virginia University
				Department of Pediatrics, P.O. Box 9214, Morgantown, WV 26506-9214.
7.5. If an infant fails the initial and
				second screening test in one or both ears, the health care provider shall
				inform the infant's parents, legal guardian, and primary care
				provider.
7.6. The primary care
				provider shall arrange for diagnostic testing with local audiological testing
				facility.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-24 - Newborn Hearing Screening › Section 64-24-8 - Confidentiality

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Any person who
				obtains confidential information while implementing W. Va. Code '16-22A-1et
				seq. may disclose it only to reporting sources, persons demonstrating a need
				that is essential to health related research or care of the infant, or as
				required by law.
8.2. Any person
				who obtains confidential information while implementing W.Va. Code
				'16-22A-1 et seq.
				shall provide a written statement of confidentiality stating that he or she
				fully understands the privacy of the information and will maintain
				it.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-24 - Newborn Hearing Screening › Section 64-24-9 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Any person who
				violates the provisions of W. Va. Code '16-22A-1 et seq.
				or this rule is subject to the penalties provided in W. Va. Code '16-1-18.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-25 - Certification Of Backflow Prevention Assembly Testers › Section 64-25-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule governs the examination and certification of backflow
				prevention assembly testers. The W. Va. Code is available in public libraries
				and on the Legislature's web page:
http://www.legis.state.wv.us/
.
1.2. Authority. -- W. Va. Code §§
									16-1-4,
				16-1-9
				and
				16-1-9a.
1.3. Filing Date. -- April 29,
				2004.
1.4. Effective Date. -- April
				29, 2004.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-25 - Certification Of Backflow Prevention Assembly Testers › Section 64-25-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. -- This rule applies to certified backflow prevention assembly
				testers as defined in Section 3 of this rule.
2.2. Enforcement. -- This rule is enforced by
				the Commissioner of the Bureau for Public Health or his or her
				designee.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-25 - Certification Of Backflow Prevention Assembly Testers › Section 64-25-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Applicant. --
				An individual who has applied for certification as a backflow prevention
				assembly tester.
3.2. Approved. --
				Accepted by the Commissioner.
3.3.
				Backflow Prevention Assembly Tester Certification. -- a written document issued
				by the Commissioner certifying an individual as a tester for backflow
				prevention assemblies.
3.4.
				Certified Backflow Prevention Assembly Tester. -- An individual who meets all
				of the requirements under this rule to be certified to inspect and test
				backflow prevention assemblies or methods.
3.5. Commissioner. -- Commissioner of the
				West Virginia Bureau for Public Health or his or her designee.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-25 - Certification Of Backflow Prevention Assembly Testers › Section 64-25-4 - Qualifications for Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Applicants for certification as a
				backflow prevention assembly tester shall:
4.1.a. Be a minimum of eighteen (18) years of
				age;
4.1.b. Have either a high
				school diploma or general education diploma (GED); and
4.1.c. Either:
4.1.c.1. Complete and pass all parts of an
				approved forty (40) hour course of instruction in theory, design, performance,
				testing and maintenance of backflow prevention assemblies; or
4.1.c.2. Meet re-certification, reinstatement
				or reciprocity requirements as provided in sections 7 or 8 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 64-25 - Certification Of Backflow Prevention Assembly Testers › Section 64-25-5 - Certification Application

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Application.
5.1.a. An applicant for
				certification as a backflow prevention assembly tester shall submit an
				application (Form EW-75, available from the Bureau for Public Health), proof of
				education and proof of completing an approved course of instruction as
				identified in Section 4 of this rule.
5.1.b. Any applicant who commits fraud or
				misrepresentation on the application will be permanently disqualified from
				consideration.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-25 - Certification Of Backflow Prevention Assembly Testers › Section 64-25-6 - Certification Examinations

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				The Commissioner shall schedule the two part (written and performance)
				examination for those applicants who meet the requirements in Section 4 of this
				rule and shall notify the applicants at least fourteen (14) days before the
				scheduled examination date.
6.2.
				The examinations shall consist of a performance examination and a closed book
				written examination. Exceptions to the written part are:
6.2.a. An applicant may make written request
				to the director at least thirty (30) days before a scheduled examination date
				for an oral examination to be given instead of the written examination;
6.2.a.1. Before an oral examination will be
				given, an applicant shall obtain written approval from the Commissioner;
				and
6.2.a.2. The taking of an oral
				examination shall not affect the performance examination requirement.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-25 - Certification Of Backflow Prevention Assembly Testers › Section 64-25-7 - Certification Expiration, Re-certification, Revocation and Reinstatement

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Expiration.
				Backflow prevention assembly tester certifications expire three (3) years after
				the date of issue.
7.2. For
				re-certification:
7.2.a. Backflow prevention
				assembly testers shall submit a written application (Form EW-75, available from
				the Bureau for Public Health) to the Commissioner at least thirty (30) days
				before and no more than ninety (90) days prior to expiration of current
				certification and the application shall include documentation, satisfactory to
				the Commissioner, that the applicant has sufficient experience or has attended
				one or more approved continuing education courses for backflow prevention
				assembly testers during the past three (3) years.
7.2.b. Testers who fail to submit an
				application for re-certification or submit an incomplete application within the
				time period stated in Subdivision 7.2.a. of this rule shall retake and pass
				both the written and performance examinations in accordance with Section 6 of
				this rule before the applicant will be re-certified.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-25 - Certification Of Backflow Prevention Assembly Testers › Section 64-25-8 - Reciprocity

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The
				Commissioner may grant West Virginia certification to a backflow prevention
				assembly tester certified by another jurisdiction, if written proof is
				presented to the Commissioner that:
8.1.a.
				The applicant has successfully passed a certification examination at least
				equivalent to that required under this rule;
8.1.b. The applicant has successfully
				completed a course of instruction at least equivalent to that required under
				this rule; and
8.1.c. The applicant
				meets the educational and age requirements 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 64-25 - Certification Of Backflow Prevention Assembly Testers › Section 64-25-9 - Compliance and Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. A
				person subject to the provisions of this rule shall comply fully with them and
				shall not direct or assist another person to violate this rule.
9.2. A person who violates any provision of
				this rule is subject to the criminal penalties of West Virginia Code §
				16-1-18.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-25 - Certification Of Backflow Prevention Assembly Testers › Section 64-25-10 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Those
				persons adversely affected by the enforcement of this rule may request a
				contested case hearing in accordance with the Division of Health rule, "Rules
				and Procedures for Contested Case Hearing 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 64-26 - Procedures Pertaining to the Dangerousness Assessment Advisory Board › Section 64-26-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule explains the responsibilities and administration of the Dangerousness
				Assessment Advisory Board.
1.2.
				Authority. -- W. Va. Code §
									27-6A-2(h) and
				§
									27-6A-13.
1.3. Filing Date. - March 30, 2023.
1.4. Effective Date. - April 1,
				2023.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August 1,
				2028.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-26 - Procedures Pertaining to the Dangerousness Assessment Advisory Board › Section 64-26-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. -- This rule applies to the Dangerousness Assessment Advisory
				Board and the review and consideration of referrals from circuit courts to the
				board.
2.2. Enforcement. -- This
				rule is enforced by the Office of Health Facilities, Department of Health and
				Human Resources, in consultation with the chairperson of the board.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-26 - Procedures Pertaining to the Dangerousness Assessment Advisory Board › Section 64-26-4 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Severability.
				-- If any sections or subsections of this rule are determined to be invalid, it
				shall not be construed to invalidate any of the provisions not otherwise
				affected.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-26 - Procedures Pertaining to the Dangerousness Assessment Advisory Board › Section 64-26-5 - Conduct of Dangerousness Assessment Advisory Board

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Duties. The board shall review case
				referrals and other requests made to it and provide informed and objective
				recommendations regarding such case referrals or requests in accordance with W.
				Va. Code §
									27-6A-13(b). In
				its discretion, the board may perform a forensic placement audit in connection
				with any case referral to promote the purpose of the board and to promote
				appropriate placements in less restrictive settings.
5.2. Chairperson. The board shall elect a
				chairperson who shall preside at all regular or special meetings of the board.
				In the absence of the chairperson, the chairperson shall designate a board
				member to preside at any meeting of the board. The chairperson shall have the
				following specific duties:
(a) call and
				conduct all board meetings;
(b)
				participate in planning agendas for board meetings;
(c) speak as the official representative of
				the board;
(d) designate members of
				the board or the administrator to appear on the board's behalf before the West
				Virginia Legislature or at other forums; and
(e) supervise the duties of the
				administrator.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-26 - Procedures Pertaining to the Dangerousness Assessment Advisory Board › Section 64-26-6 - Confidentiality

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Subject to
				case referral recommendations required by section 5.7. of this rule, all
				proceedings and communications of the board and opinions expressed by members
				of the board and the administrator are confidential, not subject to subpoena,
				and not subject to public disclosure or dissemination. The provisions of W. Va.
				Code §
									6-9A-1
et seq.
and
				W. Va. Code §
									29B-1-1
et seq.
are inapplicable to the board and the board's operations.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-26 - Procedures Pertaining to the Dangerousness Assessment Advisory Board › Section 64-26-7 - Immunity

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Members of the
				board shall be immune from suit and liability, either personally or in their
				official capacity, for any claim for damage to or loss of property or personal
				injury or other civil liability caused or arising out of any actual or alleged
				act, error, or omission that occurred within the scope of their duties or
				responsibilities on the board:
Provided
, That nothing in this
				subsection shall be construed to protect any person from suit or liability, or
				both, for any damage, loss, injury, or liability caused by the intentional or
				willful and wanton misconduct of that person or a board member who fails to
				recuse herself or himself from participating in any case referral as required
				by subsection 5.8.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-26 - Procedures Pertaining to the Dangerousness Assessment Advisory Board › Section 64-26-8 - Compensation

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Each board
				member whose regular salary is not paid by the State of West Virginia shall be
				paid the same compensation and expense reimbursement that is paid to members of
				the Legislature for their interim duties as recommended by the Citizens
				Legislative Compensation Commission and authorized by law for each day or
				portion thereof engaged in the discharge of official duties. Reimbursement for
				expenses shall not be made, except upon an itemized account, properly certified
				by the members of the board. All reimbursement for expenses shall be paid out
				of the State Treasury upon a requisition upon the State Auditor.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-27 - Statewide Trauma/Emergency Care System › Section 64-27-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the standards, criteria, and methods for
				designating various health care facilities in the State of West Virginia as
				meeting specific levels of care capability as trauma and emergency care centers
				or facilities in order to identify those facilities best equipped and staffed
				to care for patients experiencing emergency injuries or illnesses. It also
				establishes the responsibilities, powers, and authority of certain trauma / EMS
				committees or councils, and establishes the organizational structure of a
				statewide trauma / emergency care system including medical review committees
				for system quality. This rule should be read in conjunction with W. Va. Code
				§§
									16-4C-1 et
				seq. and 55-7B-9c. The W. Va. Code is available in public libraries and on the
				Legislature's web page,
http://www.legis.state.wv.us/
.
1.2. Authority -- W. Va. Code §§
									16-1-4
				and
				16-4C-23
				and
				55-7B-9c(k).
1.3. Filing Date.--
1.4. Effective Date. --
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-27 - Statewide Trauma/Emergency Care System › Section 64-27-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application -- This rule applies to all health care institutions, facilities,
				hospitals, clinics, agencies, corporations, partnerships, and governmental
				agencies engaged in the provision of emergency care to injured or ill patients
				in the state.
2.2. Enforcement --
				This rule is enforced by the Commissioner of the Bureau for Public
				Health.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-27 - Statewide Trauma/Emergency Care System › Section 64-27-4 - Powers of Designation and Categorization

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Bureau through OEMS has the power to
				designate health care facilities in the state that meet the criteria set forth
				in this rule. The Commissioner shall provide a designation in writing to the
				health care facility upon determination that the standards and criteria for
				that designation have been met. Facilities designated as trauma centers shall
				enjoy all of the rights and privileges provided by the W. Va. code and this
				rule including limits of liability pursuant to W. Va. Code §
									55-7B-9c.
4.2. An institution, health care facility,
				unit, center or hospital shall not represent itself as a trauma center, unit,
				or facility until a designation level is assigned by the Commissioner. Any
				public advertisement or claim of trauma care capability by a facility prior to
				receiving the appropriate designation may result in civil proceedings against
				the institution or facility.
4.3.
				Any institution, health care facility, unit, center or hospital that received
				designation as a trauma center from the Commissioner is exempt from the
				antitrust laws of this state pertaining to antitrust actions brought as a
				result of the designation by an individual, individuals, corporation,
				partnership, other health care institution, or governmental agency.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-27 - Statewide Trauma/Emergency Care System › Section 64-27-5 - Types of Designation

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				General. The Bureau shall use the following general categories when granting
				trauma center designation status to facilities:
5.1.a. Permanent, when a facility meets all
				the requirements as referenced in this rule. Permanent designation may be
				granted for a maximum of three (3) years.
5.1.b. Provisional, when a facility
				substantially meets the requirements and has outlined in writing clear plans
				and progress toward full compliance with all requirements. Provisional
				designations may be granted for not less than six (6) months nor longer than
				two (2) years with a possible extension of six (6) months.
5.1.c. Probational, when the Commissioner
				determines that it is in the best interest of the public health and safety for
				a permanently designated facility to remain designated while identified
				noncompliance issues are being corrected. The facility shall provide written
				evidence of active progress in correction of non-compliance areas. Probational
				designation may be granted for not less than six (6) months nor longer than two
				(2) years, with a possible extension at the discretion of the
				Commissioner.
5.1.d. Emergency,
				when the Commissioner determines that it is in the best interest of the public
				health and safety to temporarily designate a facility to meet a particular
				emergency need. Emergency designation shall not exceed six (6) months, with a
				possible extension of six (6) months at the discretion of the
				Commissioner.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-27 - Statewide Trauma/Emergency Care System › Section 64-27-6 - Criteria for Designation

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				standards and criteria for designation as a West Virginia trauma center are
				those standards outlined in "Resources for Optimal Care of the Injured Patient:
				2013", by the American College of Surgeons, Committee on Trauma (ACS-COT) with
				any specific modifications or additions set forth in Subsection 6.2 of this
				rule.
6.2. Facilities at all levels
				shall meet and maintain the following additional specific requirements in order
				to be designated and maintained as a West Virginia trauma center. The
				facilities shall:
6.2.a. Participate and
				submit information to the State Trauma / Emergency Medical Iiformation System
				(TEMIS);
6.2.b. Meet all benchmarks
				of timely submission of data and information into the State Trauma Registry
				(STR) as established by OEMS;
6.2.c. Actively participate in the state
				trauma / emergency care performance improvement and medical review process as
				outlined in Section 10 of this rule;
6.2.d. Provide and maintain appropriate
				hardware and software at the local site in order to participate in the state
				trauma and emergency medical information system. This includes internet access
				to OEMS central site;
6.2.e.
				Actively participate and abide by medical command guidelines including
				adherence to all policies and procedures established which govern the statewide
				facility resource tracking mechanisms as established by the OEMS Medical
				Direction System;
6.2.f. Provide
				facility representatives to all required committees of the statewide
				trauma/emergency care system as outlined by OEMS and assure that appropriate
				attendance is maintained;
6.2.g.
				Maintain compliance with state and federal laws, rules, and regulations
				concerning confidentiality of patient information and participation in the
				medical review process;
6.2.h.
				Maintain written trauma team policies and procedures, including activation
				guidelines and operational guidelines for all members of the trauma team
				including physicians, nurses, EMS personnel, and other ancillary staff. At no
				time may a trauma team member exceed the scope of practice established by his
				or her respective certifying or licensing authority; and
6.2.i. Participate and abide by all policies
				and procedures of the statewide trauma / emergency care system including the
				facility categorization guidelines in Section 8 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 64-27 - Statewide Trauma/Emergency Care System › Section 64-27-7 - Process of Designation

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				chief executive officer of a facility seeking to apply for trauma center
				designation shall request in writing from the medical director of OEMS an
				application for initial provisional trauma center designation. The application
				and other required materials shall be completed and submitted to OEMS with the
				initial provisional non-refundable designation fee.
7.2. Site visits. The following two (2) types
				of site visits are used in the designation process:
7.2.a. Consultation site visit. A
				consultation site visit shall be conducted early in the provisional designation
				process to identify areas of non-compliance and provide specific
				recommendations to assist facilities in fully meeting the designation
				requirements.
7.2.a.1. All facilities seeking
				designation as a level I, II, or III center shall obtain an official American
				College of Surgeons, Committee on Trauma consultation site visit as outlined in
				Subdivision 7.3.c. of this rule, except as provided in Subdivision 7.3.i. of
				this rule. OEMS may waive this consultation site visit if the facility has
				undergone an official ACS-COT consultation site visit in the past
				year.
7.2.a.2. All facilities
				seeking designation as a level IV center shall obtain a consultation site visit
				by a State site visit team as outlined in Subdivision 7.3.C. of this
				rule.
7.2.a.3. The team
				composition, format, and nature of a level IV consultation shall be determined
				by OEMS based on discussions and information from the specific facility as to
				the need for clarification of guidelines and degree of assistance needed to
				meet the standards and criteria of designation. In certain situations, the
				consultation may be done by telecommunication or other electronic or written
				means.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-27 - Statewide Trauma/Emergency Care System › Section 64-27-8 - Categorization of Facilities For Emergency Care Capabilities

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Pursuant to W. Va. Code §
									16-4C-18,
				emergency medical services personnel under the direction of medical command
				shall determine the appropriate facility to which a patient shall be
				transported. In order to provide the necessary information to medical command,
				OEMS may develop and implement policies and procedures to categorize the
				emergency care capability of all facilities receiving emergency medical
				patients.
8.2. Specific Categories
				of Care. OEMS may require facilities applying for designation as a trauma
				center to provide additional information in order to determine the
				categorization of level of care capability of the facility in other areas of
				emergency care including, but not limited to, cardiac care, general emergency
				care, stroke and neurological conditions, pediatric emergencies, bums,
				psychiatric emergencies, respiratory conditions, poisoning and toxicology, and
				obstetrics and gynecology.
8.3.
				Guidelines for Categorization Process. Policies and procedures for the process,
				criteria for categories of care, and level of care capabilities shall be
				developed by the State Medical Policy and Care Committee, pursuant to the
				"Emergency Medical Services" rule, 64CSR48.
8.3.a. OEMS may conduct a verification site
				visit to confirm the categorization information in order to determine the
				resources and level of care capability of a facility to assist medical command
				with appropriate facility destination decisions.
8.3.b. If a facility fails to cooperate and
				participate in the categorization process, the Commissioner may revoke the
				facility's trauma center designation. OEMS may enter the facility in order to
				accumulate necessary information to evaluate the facility's care
				capability.
8.3.c. Using the
				categorization information in this subsection, the OEMS Medical Direction
				System shall develop triage policies and procedures for use by medical command
				in determining the most appropriate destination to which a patient should be
				transported.
8.3.d. Facilities
				shall notify the state EMS medical director in writing of any changes to the
				level of care within each category. OEMS may then obtain additional information
				or conduct a site visit to confirm the changes and notify the facility and
				medical command of any change in the categorization of a facility.
8.3.e. Facility categorization shall be
				updated during a facility's trauma designation re-certification process or any
				time information is obtained by OEMS which may indicate a change in
				categorization is warranted.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-27 - Statewide Trauma/Emergency Care System › Section 64-27-10 - Trauma / Emergency Care System Accountability

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Policies and procedures. To ensure
				system accountability, OEMS shall develop policies and procedures governing the
				components necessary to collect and analyze information within the trauma /
				emergency care system including patient care information. These policies and
				procedures shall include guidelines for medical review and audit to assure
				system quality as required in W. Va. Code §
									55-7B-9c(k).
10.2. Trauma and Emergency Medical
				Information System (TEMIS). OEMS shall develop and maintain a Trauma and
				Emergency Medical Information System in order to provide the necessary
				information to assure system quality and accountability as well as to provide
				data for use in system design and operations.
10.2.a. The three (3) major components of the
				Trauma and Emergency Medical Information System shall be the State Trauma
				Registry (STR), the State Medical Command Record (SMCR), and the EMS Patient
				Care Record (EPCR). Other components may be added as needed to facilitate
				effective operation and management of the trauma/emergency care
				system.
10.2.b. All designated
				trauma centers, medical command centers, and licensed EMS agencies shall
				collect and provide information to the Trauma and Emergency Medical Information
				System as required in the policies and procedures governing the operation of
				the system.
10.2.c. OEMS shall
				ensure the security and confidentiality of protected information within the
				Trauma and Emergency Medical Information System according to state and federal
				guidelines. All designated trauma centers, medical command centers, and
				licensed EMS agencies and their personnel shall follow all policies and
				procedures governing the system including the confidentiality of the
				information submitted to the Trauma and Emergency Medical Information
				System.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-27 - Statewide Trauma/Emergency Care System › Section 64-27-11 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The
				provisions of W. Va. Code §
									16-4C-10
				apply.
11.2. 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 the Bureau for Public Health's procedural rule. Rules
				of Procedure for Contested Case Hearings and Declaratory Rulings,
				64CSR1.