West Virginia Code of State Rules › Agency 67 - Human Services › Title 67 - LEGISLATIVE RULE OFFICE OF DRUG CONTROL POLICY DEPARTMENT OF HUMAN SERVICES › Series 67-01 - Collection and Exchange of Data Related to Overdoses › Section 67-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes requirements to facilitate (1) the exchange of data and
				information with the Office of Drug Control Policy, the Department of Health
				and Human Resources, its successors, and its bureaus, the Department of
				Military Affairs and Public Safety, the Department of Administration, the
				Administrator of Courts, the Poison Control Center, the Office of National Drug
				Control Policy, the Board of Pharmacy, law enforcement, local health
				departments, and emergency medical service agencies in each county; and (2) the
				reporting of overdoses by law enforcement agencies, including state, county,
				and local police departments, health care providers, emergency response
				providers, medical examiners, and hospital emergency rooms.
1.2. Authority. -- W. Va. Code §
									16-5T-5.
1.3. Filing Date. -- June 18, 2024.
1.4. Effective Date. -- June 18,
				2024.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August 1,
				2029.
1.6. Repeal and Replace. --
				This legislative rule repeals and replaces WV 69CSR14 filed and effective April
				13, 2020, pursuant to HB2006 passed during the 2023 Regular Legislative Session
				and effective May 23, 2023.
1.7.
				Applicability. -- This rule applies to the Office of Drug Control Policy, the
				Department of Health and Human Resources, its successors, and its bureaus, the
				Department of Military Affairs and Public Safety, the Department of
				Administration, the Administrator of Courts, the Poison Control Center, the
				Board of Pharmacy, law enforcement agencies, health care providers, emergency
				response providers, medical examiners, and hospital emergency rooms.
1.8. Background. -- The West Virginia Drug
				Control Policy Act (hereinafter referred to as "the Act"), amended during the
				2023 Regular Legislative Session, continued the Office of Drug Control Policy
				(ODCP) within the Department. The director of the ODCP is administratively
				housed in the Department of Human Services, directly reports to the Office of
				the Governor, and works in cooperation with the State Health Officer, the
				Bureau for Public Health, and the Bureau for Behavioral Health. The ODCP is
				charged with creating a state drug control policy in coordination with the
				bureaus of the department and other state agencies. This policy must include
				all programs which are related to the prevention, treatment, and reduction of
				alcohol abuse, substance use disorder, and the use of tobacco.
The ODCP is required to (1) develop and implement a program
				  to collect and store data from law enforcement agencies, emergency medical
				  services, health care providers, and the Office of the Chief Medical Examiner
				  on fatal and nonfatal overdoses caused by abuse and misuse of prescription and
				  illicit drugs; (2) develop and implement a program that requires the collection
				  and storage of data from law enforcement agencies, emergency medical services,
				  health care providers, the Office of the Chief Medical Examiner, and other
				  entities as required by the ODCP on the dispensing and use of an opioid
				  antagonist; and (3) facilitate the collection and storage of data and
				  issues.
Finally, the ODCP is authorized to exchange necessary data
				  and information with the bureaus within the department, the Department of
				  Military Affairs and Public Safety, the Department of Administration, the
				  Administrator of Courts, the Poison Control Center, the Office of National Drug
				  Control Policy, and the Board of Pharmacy. This data and information may
				  include, but is not limited to, data from the Controlled Substance Monitoring
				  Program; the criminal offender record information database; and the court
				  activity record information.
1.9. Purpose. -- The purpose of this rule is
				to prescribe requirements for the collection of data and issues on fatal and
				nonfatal overdoses, caused by abuse and misuse of prescription and illicit
				drugs, and the exchange of data and information with the Department of Health
				and Human Resources, and its successors, the Department of Military Affairs and
				Public Safety, the Department of Administration, the Administrator of Courts,
				the Poison Control Center, and the Board of Pharmacy. The data and information
				may include, but is not limited to, data from the Controlled Substance
				Monitoring Program; the all-payer claims database; the criminal offender record
				information database; and the court activity record information.
Additionally, this rule contains requirements for health care
				  providers; medical examiners; law enforcement agencies, including state,
				  county, and local police departments; emergency response providers, and
				  hospital emergency rooms to report all overdoses to the ODCP within 24 hours
				  after the provider responds to the incident and via an appropriate information
				  technology platform.