West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-14 - Collection and Exchange of Data Related to Overdoses › Section 69-14-1 - 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 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, 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. -- April 13,
				2020.
1.4. Effective Date. -- April
				13, 2020.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on April 13,
				2025.
1.6. Applicability. -- This
				rule applies to the Office of Drug Control Policy, the Department of Health and
				Human Resources, 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.
1.7. Background.
				-- The West Virginia Drug Control Policy Act (hereinafter referred to as "the
				Act"), enacted during the 2017 Regular Legislative Session, created the Office
				of Drug Control Policy (ODCP) within the Department of Health and Human
				Resources, under the direction of the Secretary and supervision of the State
				Health Officer. 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, and the Board of Pharmacy.
				  This 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.
1.8. 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, 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 72 hours
				  after the provider responds to the incident and via an appropriate information
				  technology platform.