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 64-79 - Primary Care Center Information Releases By The Division Of Health › Section 64-79-5 - Applications

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. All
				information within an application is subject to disclosure and will be released
				upon a Freedom of Information Act request unless the information is identified
				in this rule or in Code as exempt from disclosure.
5.2. Information identified in this
				subsection as exempt from disclosure is considered by the Division of Health to
				be a trade secret not subject to disclosure under the Freedom of Information
				Act.
5.2.a. Expenditure information (summary
				and line items).
5.2.a.1. Personnel
				information -- Salaries are exempt from disclosure.
5.2.a.2. Fringe benefits information is
				subject to disclosure.
5.2.a.3.
				Current expense information -- Specific line item information is exempt from
				disclosure.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-79 - Primary Care Center Information Releases By The Division Of Health › Section 64-79-6 - Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Division
				of Health shall notify a primary care center in writing when a Freedom of
				Information Act request is received for a primary care center=s audit or
				application information.
6.1.a. The written
				notification shall identify the requester and the date of the request and shall
				request written instructions from the primary care center as to the release of
				any information in the application that is a trade secret.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-79 - Primary Care Center Information Releases By The Division Of Health › Section 64-79-7 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. W. Va. Code
				'16-1-21 allows for reasonable fees for services provided by the Division of
				Health and local boards of health, and the Division of Health=s Fees for
				Services Rule, 64CSR51, contains the fees applicable to services provided under
				this rule. Subsections 4.3 and 4.4 of the Fees for Services Rule currently
				provide as follows:
Fees for Copies of Public Records - Copies of public records
				  which may be disclosed may be furnished at a charge of twenty-five cents (254)
				  per page on 82 x 11" or 82 x 14" paper. Copies of documents produced on larger
				  paper may be furnished at actual cost, which includes but is not limited to
				  materials, operator=s time, and transportation and delivery charges. Copying
				  fees may be required to be paid before issuance of the copies.
Fee for Record Searches and Compilation of Information -
				  Requests for information estimated to require more than ten (10) minutes to
				  search records or to compile may be charged at the rate of twenty-five dollars
				  ($25) per hour, and payment may be required before issuance of the
				  information.
7.2. If
				information is requested by an individual or entity that is in a contractor or
				subcontractor relationship with the Division of Health, or that has a grant,
				memorandum of understanding or cooperative agreement with the Division, or that
				is providing to the Division a product derived from information released by the
				Division, the Division may provide the requested information free of
				charge.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-79 - Primary Care Center Information Releases By The Division Of Health › Section 64-79-8 - Other Releases of Information

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				The Division of Health may by contract release primary care center information
				to contractors with the Division for the purpose of assisting the Division in
				carrying out its functions: Provided, That the contractors shall be prohibited
				from the release or other use of information that is exempt from disclosure
				under the Freedom of Information Act.
8.2. The Division of Health may on its own
				initiative release to the public primary care center information that is
				neither a trade secret nor information of a personal nature.
8.3. Notwithstanding other provisions of this
				rule, a primary care center=s information may be disclosed if the information
				is aggregated with other centers= information so as not to reveal: a trade
				secret of the primary care center; the identification of a person with their
				information of a personal nature; or information that could reasonably lead to
				such secret or identification.
8.4.
				Primary care center information exempt from disclosure under the Freedom of
				Information Act may be subject to disclosure under other Code provisions, such
				as by the West Virginia Health Care Authority.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-79 - Primary Care Center Information Releases By The Division Of Health › Section 64-79-9 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
The provisions of this rule are severable. If any provisions
				  of this rule are held invalid, the remaining provisions 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 64-80 - Body Piercing Studio Business › Section 64-80-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes requirements regarding the business of body
				piercing. This rule should be read in conjunction with the provisions of W. Va.
				Code '16-37-1 et
				seq.
1.2. Authority. -- W. Va. Code
				''16-37-4 and 16-1-4.
1.3. Filing
				Date. -- May 4, 2001.
1.4.
				Effective Date. -- July 1, 2001.
1.5. Applicability. -- This rule applies to
				any person who engages in the business of body piercing, or who proposes to do
				so, except:
1.5.a. Health care providers
				licensed under Chapter Thirty (30) of the W. Va. Code; and­
1.5.b. Persons who use a mechanized,
				pre-sterilized ear-piercing system that penetrates the outer perimeter or lobe
				of the ear.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-80 - Body Piercing Studio Business › Section 64-80-3 - Plan Review, Permits, Hearings, Notices and Orders, and Certificate of Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Plan Review.
3.1.a. When a Body Piercing
				Studio Business opens or is extensively remodeled, and when an existing
				structure is converted to use as a Body Piercing Studio Business, the owner or
				operator shall submit plans and specifications for the construction,
				remodeling, or conversion of the business to the Director for review and
				approval at least forty-five (45) days before beginning the construction,
				remodeling or conversion..
3.1.b.
				Once the completed plans are received by the Director, the Director shall
				review them within forty-five (45) days.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-80 - Body Piercing Studio Business › Section 64-80-4 - Inspections

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Director
				is charged with the enforcement of all provisions of this rule. The Director
				may enter, inspect, impound, copy records, and secure any samples, photographs,
				or other evidence from any body piercing shop, or any facility suspected of
				being a body piercing shop, for the purpose of enforcing this rule.
4.2. The Director shall inspect a facility
				governed by this rule at least once a year.
4.3. The Director shall also make additional
				inspections as necessary to determine satisfactory compliance with the
				provisions of this rule or any orders, notices, instructions or specifications
				issued pursuant to this rule.
4.4.
				The Director shall discuss the inspection report with the person in charge of
				the facility at the time of inspection.
4.5. Facility Owner Responsibilities.
4.5.a. The facility owner or operator of any
				body piercing facility shall:
4.5.a.1. Allow
				the Director or his or her designee to enter any body piercing shop within his
				or her jurisdiction during business hours to inspect the facility, and make as
				many additional inspections as are necessary for the enforcement of this
				rule;
4.5.a.2. Be responsible for
				all facility technicians complying with all health, safety, sanitation and
				sterilization rules and standards of the Director;
4.5.a.3. Maintain a list of technicians
				providing services at the facility for review by the Director during
				inspections; and
4.5.a.4. Develop
				and ensure compliance with the Exposure Control Plan as specified in Section 13
				of this rule. A copy of the plan shall be available at all times for use and
				inspection.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-80 - Body Piercing Studio Business › Section 64-80-5 - Facility Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				All floors, walls and ceilings shall be made of smooth nonabsorbent and
				nonporous material that are easily cleanable. Concrete blocks or other masonry
				used in wall construction shall be covered or made smooth and sealed for a
				washable surface.
5.2. Adequate
				toilet facilities shall be provided in accordance with the specifications of
				the BOCA National Plumbing Code as specified by the West Virginia State Fire
				Commission. A hand sink shall be located inside the restroom facility and shall
				be supplied with liquid hand cleanser and single use paper towels or any other
				approved hand-drying device.
5.3.
				The premises shall be constructed and maintained in a state of good repair at
				all times to prevent insect and rodent infestation.
5.4. Body piercing activities shall be
				separated from any other activities by a solid wall.
5.5. The establishment shall be well
				ventilated and be provided with an artificial light source equivalent to at
				least twenty (20) foot-candles.
5.6. At least fifty (50) foot-candles of
				artificial light shall be provided at the level where the body piercing
				procedure is being performed.
5.7.
				All surfaces, including but not limited to, counters, tables, equipment,
				chairs, recliners, shelving, cabinets in the service areas and cleaning room
				shall be made of smooth, non-absorbent, non-porous materials to allow for easy
				cleaning.
5.8. Hand sinks with hot
				and cold running water operated by wrist or knee action shall be located in
				each work area. If there are two (2) or more work stations within a room, all
				may share the hand sink. A work station in a separate room shall include a hand
				sink.
5.9. The cleaning room or
				area shall have a separate sink reserved for instrument clean up activities
				only.
5.10. The water supply shall
				be from an approved source.
5.11.
				Sewage including liquid wastes shall be disposed of in a public sewer or, in
				the absence of a public sewer, in a manner approved by the
				Director.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-80 - Body Piercing Studio Business › Section 64-80-6 - Temporary and Mobile Facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Temporary facilities include those for
				educational or convention purposes. To the extent possible, they shall meet the
				facility requirements in Section 10 of this rule. At a minimum, they shall
				include:
6.1.a. Temporary handwash facilities
				and hand sanitizer located within each work or demonstration area. A temporary
				handwash facility shall consist of liquid hand cleanser, single-use paper
				towels and warm potable water dispensed from an insulated container with a
				spigot that is raised a minimum of twenty-five (25) inches off the floor.
				Wastewater shall be collected in a bucket placed on the floor under the spigot.
				Warm potable water shall be replenished and wastewater removed as
				necessary;
6.1.b. At least fifty
				(50) foot-candles of light at the level where the procedure is being
				performed;
6.1.c. A separate
				cleaning and sterilization area for use by the participants that supplies an
				adequate number of sinks and Director approved sterilization units for cleaning
				and sterilizing equipment to be used during the event; and
6.1.d. Sterilization units approved by the
				Director that are used, cleaned and maintained according to manufacturer's
				instructions. All sterilization units used at the event shall have
				certification of a negative spore test on the sterilizer within the last thirty
				(30) days.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-80 - Body Piercing Studio Business › Section 64-80-7 - Housekeeping Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. All
				body piercing studio businesses shall meet the following criteria:
7.1.a. All areas shall be kept neat, clean
				and in good repair;
7.1.b. All
				surfaces and equipment (chairs, work stations, counters, client recliners or
				dispensers) in the procedure area shall be made of smooth, non absorbent,
				non-porous material that can withstand repeated disinfection;
7.1.c. An Environmental Protection Agency
				(EPA) registered disinfectant or germicide (iodophor, phenolic, or alcohol
				containing germicide, or a 1:100 dilution of 5.25% household bleach and water
				which equals two (2) tablespoons of bleach in one (1) quart of water) shall be
				used after cleaning to disinfect any surface contaminated with blood or body
				fluids;
7.1.d. All facilities shall
				have the waiting area separated from the workstations and the cleaning room or
				area. A public restroom shall be available to clients during all business
				hours;
7.1.e. The cleaning room or
				area shall be set up in a manner to provide distinct, separate areas for
				cleaning equipment, and for the handling and storage of sterilized equipment.
				The cleaning area sink shall be reserved for instrument cleaning only and shall
				not be used as a janitorial sink;
7.1.f. Large capacity ultrasonic cleaning
				units shall be clearly labeled biohazardous and placed away from the sterilizer
				and workstations. All ultrasonic cleaners shall be cleaned and maintained
				according to manufacturer's specifications;
7.1.g. Adequate foot-operated receptacles
				shall be provided in each workstation for disposal of trash and
				debris;
7.1.h. Each work station
				shall have a Director approved sharps container that is rigid, puncture proof,
				leak proof and red in color for disposal of sharp objects that come into
				contact with blood or body fluids;
7.1.i. The procedure area and client chair or
				table shall be wiped down with an EPA registered disinfectant or germicide
				using a single-use paper towel before and after serving each client;
7.1.j. All germicides and disinfectants must
				be used according to manufacturer's recommendations;
7.1.k. All chemicals shall be properly
				labeled and stored; and
7.1.l. Pets
				or other animals are not be permitted in the facility. Trained guide or
				assistance animals for the disabled and fish in aquariums in the waiting area
				are permitted in the facility.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-80 - Body Piercing Studio Business › Section 64-80-8 - Exposure Control Plan

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				The owner of every body piercing studio business shall establish a written
				Exposure Control Plan which applies to all technicians within a facility, and
				describes how the applicable requirements of this rule shall be implemented.
				This plan shall be made available to the Director during any inspection. The
				Exposure Control Plan shall contain at least the method of implementation for
				each of the following applicable sections of this rule:
8.1.a. Section 13. Clients;
8.1.b. Section 5. Facility
				Requirements;
8.1.c. Section 7.
				Housekeeping Standards;
8.1.d.
				Section 10. Approved Sterilization Equipment and Monitoring Methods;
8.1.e. Section 11. Instrument Sterilization
				and Set-Up;
8.1.f. Section 12.
				Contaminated Wastes; and
8.1.g.
				Section 14. Body Piercing.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-80 - Body Piercing Studio Business › Section 64-80-9 - Exposure Control Training Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. All technicians shall receive exposure
				control training.
9.2. All
				technicians shall complete the exposure control training within one (1) year of
				the effective date of this rule and shall update the training at least every
				three (3) years thereafter. The technicians shall complete additional training
				when changes such as modification of procedures or institution of new
				procedures affect the technician=s or client's exposure. The additional
				training may be limited to addressing the new exposures created.
9.3. The trainees shall use material
				appropriate in content and vocabulary to their educational and language
				level.
9.4. The training program
				shall contain, at a minimum, the following elements:
9.4.a. An accessible copy of the this and any
				other applicable rules and an explanation of their contents;
9.4.b. A general explanation of the
				epidemiology and symptoms of bloodborne diseases and any other exposures
				appropriate for the practice of the technician;
9.4.c. An explanation of the modes of
				transmission of bloodborne pathogens and other communicable diseases
				appropriate for the technician;
9.4.d. An explanation of the appropriate
				methods for recognizing tasks and other activities that may involve exposure to
				blood for either the technician, the client, or both;
9.4.e. An explanation of the use and
				limitations of methods that will prevent or reduce exposure to both the
				technician and the client;
9.4.f.
				Information on the types, proper use, and removal, of gloves and proper hand
				washing techniques;
9.4.g.
				Information on hepatitis B vaccine, including information on its efficacy,
				safety, method of administration, and the benefits of being
				vaccinated;
9.4.h. An explanation
				of what constitutes a blood exposure incident, the risk of disease transmission
				following a blood exposure incident, and the options for post-exposure
				evaluation and follow-up if an exposure incident occurs, specific to each
				bloodborne pathogen; and
9.4.i. An
				opportunity for interactive questions and answers with the person conducting
				the training session.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-80 - Body Piercing Studio Business › Section 64-80-10 - Approved Sterilization Equipment and Monitoring Methods

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The operator shall ensure that the
				instruments used in body piercing are properly cleaned and packaged in
				sterilizer bags with a color change indicator and then sterilized in a
				sterilizer that:
10.1.a. Is sold as
				sterilizing equipment for medical instruments;
10.1.b. Has been approved by the
				Department;
10.1.c. Is used,
				cleaned and maintained to manufacturer's specifications; and
10.1.d. Is tested at least monthly (unless
				otherwise specified by the manufacturer) by using a commercial biological
				monitoring system, utilizing Bacillus stearothermophilus spores, to assure that
				all microorganisms, including spores, have been destroyed. The operator shall
				maintain biological indicator test results for a period of three (3) years and
				make them available for inspection at all times.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-80 - Body Piercing Studio Business › Section 64-80-11 - Instrument Sterilization and Set-Up

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Contaminated non-disposable equipment
				including needles, needle bars, needle tubes, needle caps, body piercing tubes
				or other instruments that are contaminated shall be immersed in liquid in the
				cleaning area or room until cleaned and sterilized.
11.2. Before being sterilized, all
				instruments shall be thoroughly cleaned in an ultrasonic cleaner following the
				manufacturer's instructions.
11.3.
				After cleaning, non-disposable instruments shall be packaged into procedure
				set-ups with color change indicators or packaged individually in peel-packs
				with color change indicators. All packages shall be dated and initialed by the
				preparer. If a sterilized package has been breached or allowed to get wet, the
				instruments shall be re-packaged and re-sterilized before use.
11.4. After sterilization, the instruments
				shall be stored in a dry, clean cabinet or other tightly covered container
				reserved for storage of sterile instruments.
11.5. The facility shall retain the records
				of sterilization procedures for a minimum of the last three (3)
				years.
11.6. Wearing new clean
				disposable examination gloves, the technician shall use the proper technique to
				assemble, without contamination, all instruments and supplies to be used in the
				procedure. All sterilized instruments shall remain in sterile packages until
				opened in front of the client. If a glove is pierced, torn or contaminated by
				contact with any non-clean surface, the technician shall properly remove and
				discard both gloves. The technician shall discard the gloves after the
				completion of each procedure on an individual client, and shall wash his or her
				hands prior to donning the next pair of gloves. Under no circumstances shall a
				single pair of gloves be used on more than one (1) person. The use of
				disposable examination gloves does not preclude or substitute for hand washing
				procedures as a part of a good personal hygiene program.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-80 - Body Piercing Studio Business › Section 64-80-12 - Contaminated Wastes

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				Contaminated wastes generated by a body piercing studio business shall be
				managed in accordance with the Division of Health rule, Infectious Medical
				Waste,@ 64CSR56.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-80 - Body Piercing Studio Business › Section 64-80-13 - Clients

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. A person
				under the age of eighteen (18) years may receive body piercing provided he or
				she is accompanied by his or her parent or guardian. The parent or guardian
				shall have valid picture identification. Nipple and genital piercing is
				prohibited on minors regardless of parental consent. Persons eighteen (18)
				years or older may receive body piercing without parental consent.
13.2. A technician shall not perform body
				piercing on skin surfaces which have sunburn, rash, pimples, infection, open
				lesions, or manifest any evidence of unhealthful conditions.
13.3. A technician shall not perform body
				piercing on any person who is impaired by drugs or alcohol at the time of the
				intended piercing.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-80 - Body Piercing Studio Business › Section 64-80-15 - Records

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Every Body
				Piercing Studio Business shall keep a record of all body piercing procedures
				performed for a period of three (3) years. The record shall include:
15.1.a. The client=s name;
15.1.b. The client=s date of birth;
15.1.c. The client=s address;
15.1.d. The date of the procedure;
15.1.e. The type and location of each
				procedure performed;
15.1.f. The
				name of the technician who performed each procedure;
15.1.g. The signature of the client;
				and
15.1.h. In the case of a minor,
				the proof of parental or guardian presence and written consent.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-80 - Body Piercing Studio Business › Section 16-29-16 - Violations and Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1.
				The penalty for violation of the provisions of this rule are established in W.
				Va. Code '16-37-5.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-80 - Body Piercing Studio Business › Section 64-80-17 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Those
				persons adversely affected by the enforcement of this rule desiring a contested
				case hearing to determine any rights, duties, interests or privileges may do so
				in accordance with the Division of Health rule, ARules of Procedure for
				Contested Case Hearings and Declaratory Rulings, @ 64CSR1.
Public Notice 64-80A
Public Notice
Body Piercing Disclosure Statement
.
THE WEST VIRGINIA BUREAU FOR PUBLIC
				  HEALTH AND YOUR LOCAL HEALTH DEPARTMENT DO NOT ENDORSE OR RECOMMEND BODY
				  PIERCING IN ANY FORM.
.
HEALTH DEPARTMENT PERMITS SIGNIFY
				  SANITATION OF EQUIPMENT AND THE UTILIZATION OF PROPER PROCEDURES
				  ONLY.
As with any invasive procedure, body piercing may
				  involve possible health risks. Body piercing could result in:
Pain, bleeding, swelling, infection, scarring of the pierced
				  area and nerve damage.
The Piercing Technician should:
·
Properly cleanse the piercing site
				  before piercing;
·
Use sterilized equipment;
·
Use sterile piercing techniques;
				  and
·
Inform the client of proper aftercare
				  of the pierced area.
For complaints or comments please contact the Bureau for
				  Public Health at (304) 558-2981, your local health department, or mail comments
				  to 1 Davis Square, Suite 200, Charleston, WV 25301-1798.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-81 - Birth Defects Information System › Section 64-81-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes and implements a statewide birth defects information system
				for the collection and reporting of congenital anomalies and abnormal
				conditions. This rule should be read in conjunction with W. Va. Code
				§§
									16-1-18
				and
				16-40-1 et
				seq. 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
				16-40-7.
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 64-81 - Birth Defects Information System › Section 64-81-2 - 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 children at birth and up to the age of six
				(6) that are diagnosed with a congenital anomaly or abnormal condition based
				upon national standards.
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 64-81 - Birth Defects Information System › Section 64-81-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Advisory
				Council. -- The committee appointed pursuant to W. Va. Code §
									16-40-6 to
				advise on the establishment and implementation of the birth defects information
				system.
3.2. Birth Defects
				Information System -- The data base that contains individual case demographic
				and diagnostic information maintained by the Office of Maternal, Child and
				Family Health within the Bureau for Public Health.
3.3. Congenital Anomaly and Abnormal
				Condition. -- An abnormality of the body's structure or inherent function
				present at birth, whether the abnormality is detected at the time of delivery
				or becomes apparent at a later date.
3.4. Freestanding Birthing Center. -- A
				health care facility in which births routinely occur, that is not licensed
				under W. Va. Code §§
									16-5B-1
				et seq.
3.5. Health Care Providers.
				-- A physician, or his or her designee, at any medical facility including, but
				not limited to private clinics, health departments and hospitals.
3.6. Hospital. -- A facility licensed as a
				hospital pursuant to W. Va. Code §§
									16-5B-1
				et seq. and Welch Emergency Hospital.
3.7. Nurse-Midwife. -- An individual
				authorized under W. Va. Code §30-15 to practice nurse-midwifery.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-81 - Birth Defects Information System › Section 64-81-4 - Reporting Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Each physician, nurse-midwife, hospital and freestanding birthing center shall
				provide information to the birth defects information system on all patients up
				to the age of six (6) that have been diagnosed with a congenital anomaly or
				abnormal condition.
4.1.a. The commissioner
				may not require the reporting of personal identifying information or enter into
				the system any personal identifying information regarding congenital anomalies
				or abnormal conditions of a child whose parent or legal guardian objects on the
				basis of religious beliefs according to W. Va. Code §
										16-40-2.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-81 - Birth Defects Information System › Section 64-81-5 - Confidentiality

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Only those
				persons employed by the Bureau for Public health dealing specifically with the
				birth defects registry shall have access to the database. All others requesting
				data from the registry shall complete a request form detailing what information
				is requested and how it shall be used. The person requesting the information
				then shall be given compiled data with no identifying information
				attached.
5.2. Anyone who obtains
				confidential information while implementing W. Va. Code §§
									16-40-1 et
				seq. may disclose it only to reporting sources, persons demonstrating a need
				that is essential to health related research or care of persons with congenital
				anomalies and abnormal conditions, or as required or permitted by
				law.
5.3. Anyone who obtains
				confidential information while implementing W. Va. Code §§
									16-40-1 et
				seq. shall provide a written statement to the commissioner that he or she fully
				understands the confidentiality of the information and will maintain
				it.
5.4. The commissioner may
				publish reports with statistical data relating to birth defects and other
				adverse birth outcomes that do not in any manner identify individual patients
				or individual sources of information are permissible, provided that the data is
				not for such small geographic areas or in categories with few entries that
				together with other publicly available information, the patients could be
				identified.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-81 - Birth Defects Information System › Section 64-81-6 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Anyone who
				violates the provisions of W. Va. Code §§
									16-40-1 et
				seq. or this rule is subject to the penalties in W. Va. Code §§
									16-1-17
				and -18.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-82 - Needlestick Injury Prevention › Section 64-82-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope -- This
				legislative rule establishes specific standards and procedures concerning
				needlestick injury prevention; creates a needlestick injury prevention program
				in hospitals, nursing homes, public health departments and home health
				agencies, including those staffed by public employees; makes compliance with
				rules a condition of licensure; establishes requirements for facilities to use
				needleless systems; relates to keeping sharps injury logs; requires the
				maintainment of a list of existing needleless systems; sets forth exceptions to
				requirements; and other matters pertinent and necessary for the implementation
				of the Needlestick Injury Prevention Program, W. Va. Code '16-36-1 et seq. This
				rule supplements the Needlestick Injury Prevention Program, W. Va. Code
				'16-36-1 et seq., and
				should be read in conjunction with the Act.
1.2. Authority. -- W. Va. Code '16-36-2.
1.3. Filing Date. -- May 10, 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 64-82 - Needlestick Injury Prevention › Section 64-82-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application -- This rules applies to:
2.1.a.
				Every hospital licensed under the provisions of W. Va. Code '16-5B-1
				et seq.;
2.1.b. Every nursing home
				licensed under the provisions of W. Va. Code '16-5C-1 et seq.
2.1.c. Every local health
				department;
2.1.d. Every home
				health agency certified by the office of health facility licensure and
				certification;
2.1.e. All hospitals
				and nursing homes operated by the state or any agency of the state;
				and
2.1.f. All hospitals, nursing
				homes, local health departments and home health agencies which are staffed in
				whole or in part by public employees.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-82 - Needlestick Injury Prevention › Section 64-82-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Annual Report.
				-- A quality improvement report, submitted to the director on a yearly basis,
				including a summary of trends in needlestick injuries and suggestions as to
				whether or how protective mechanisms or work practice control could be utilized
				to prevent the injuries.
3.2.
				Contaminated. -- The presence or the reasonably anticipated presence of blood
				or other potentially infectious materials on a surface or in or on an
				item.
3.3. Engineered Sharps Injury
				Protection.
3.3.a. A physical attribute built
				into a needle device used for withdrawing body fluids, accessing a vein or
				artery, or administering medications or other fluids, which effectively reduces
				the risk of an exposure incident by a mechanism such as barrier creation,
				blunting, encapsulation, withdrawal or other effective mechanisms; or
3.3.b. A physical attribute built into any
				other type of needle device, or into a non-needle sharp, which effectively
				reduces the risk of an exposure incident.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-82 - Needlestick Injury Prevention › Section 64-82-4 - Use of Needleless Systems or Other Engineering Controls

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Facilities
				shall use needleless systems for:
4.1.a.
				Withdrawal of body fluids after initial venous or arterial access is
				established;
4.1.b. Administration
				of medications or fluids; and
4.1.c. Any other procedure involving the
				potential for an exposure incident for which a needleless system or other
				engineering control is available as an alternative to the use of needle
				devices.
4.1.d. Facilities are not
				required to use a needleless system, provided, that the requirements of the
				Occupational Exposure to Bloodborne Pathogens; Needlesticks and Other Sharps
				Injuries; Final Rule, 29CFR Part 1910,
www.osha-slc.gov/needlesticks/index.html [File Link Not
				  Available] [File Link Not Available], attached hereto as appendix 1 are
				  met;
4.1.d.1. In cases where the
				facility can demonstrate circumstances in which the technology does not promote
				employee or patient safety or interferes with a medical procedure;
4.1.d.2. In circumstances where the
				technology is medically contraindicated or where the facility demonstrates by
				means of objective product evaluation criteria that the use of the technology
				is not more effective than alternative measures used by the facility to prevent
				exposure incidents;
4.1.d.3. In
				cases where the employer shows that no needleless systems or engineered sharps
				injury protection devices are available in the marketplace for a medical
				procedure because of limits in supply or in technology;
4.1.d.4. In circumstances in which the
				employer shows that sufficient information is not available on safety
				performance of needleless systems or sharps devices with engineered protection
				available in the marketplace and the employer is actively evaluating the
				devices;
4.1.d.5. In circumstances
				in which health care employees involved in patient=s care determine, in the
				reasonable exercise of their clinical judgement, that use of the engineering
				control will jeopardize the patient=s safety or the success of a medical
				nursing procedure involving the patient.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-82 - Needlestick Injury Prevention › Section 64-82-5 - Sharps Injury Log

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A facility
				shall record information concerning exposure incidents in a sharps injury log,
				to be kept within the facility, which shall include:
5.1.a. The date and time of the exposure
				incident;
5.1.b. The type and brand
				of sharp involved in the incident if known; and
5.1.c. A complete description of the exposure
				incident including the following information:
5.1.c.1. The job classification of the
				exposed worker;
5.1.c.2. The
				department or work area where the exposure incident occurred;
5.1.c.3. The procedure or task that the
				exposed worker was performing at the time of the incident;
5.1.c.4. How the incident occurred;
5.1.c.5. The body part involved in the
				exposure incident;
5.1.c.6. If the
				sharp had engineered sharps injury protection, whether the protective mechanism
				was activated and whether the injury occurred before the protective mechanism
				was activated, during activation of the mechanism, or after activation of the
				mechanism, if applicable; and,
5.1.c.7. Any suggestions by the injured
				employee as to whether or how protective mechanisms or work practice control
				could be utilized to prevent the injuries.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-82 - Needlestick Injury Prevention › Section 64-82-6 - List of Needleless Systems and Needles with Engineered Injury Protections

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				The division of health shall maintain a list of existing needleless systems and
				needle and sharps with engineered injury protection. The director shall make
				the list available to assist employers in complying with the requirements of
				the standards adopted under W. Va. Code '16-36-1 et seq. and
				this rule. The division of health shall review and update the list
				annually.
6.2. The list may be
				developed from existing sources of information, including but not limited to,
				the federal Food and Drug Administration, the federal Centers for Disease
				Control, the National Institute of Occupational Safety and Health, the United
				States Department of Veterans Affairs and product usage experience of
				hospitals.
6.3. Characteristics of
				needles and sharps with engineered injury protection shall include but not be
				limited to:
6.3.a. Devices that provide a
				barrier between the hands and the sharp after use;
6.3.b. Devices that allow or require the
				health care employees= hands to remain behind the sharp at all times;
6.3.c. An engineering control mechanism that
				is an integral part of the device and does not need to be added for
				use;
6.3.d. Devices that are simple
				and self evident to operate and require little or no training for effective
				use;
6.3.e. An engineering control
				mechanism that either requires no activation by the user, or has a safety
				feature can be engaged with a single-handed technique and allows the worker=s
				hands to remain behind the exposed sharp;
6.3.f. A device that enables the user to
				easily tell whether the safety feature is activated;
6.3.g. Devices that perform
				reliably;
6.3.h. Devices that are
				easy to use and practical;
6.3.i.
				Devices that are safe and effective for patient care; and
6.3.j. An engineering control mechanism that
				is integrated with the sharp after use and remains in effect after disposal to
				protect health care employees.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-82 - Needlestick Injury Prevention › Section 64-82-7 - Training

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Facilities
				shall provide a training program to all health care employees who are at risk
				for occupational exposure which they shall participate in during working hours
				at no cost to the health care employees.
7.2. The person conducting the training shall
				be knowledgeable in the subject matter covered by the elements contained in the
				training program as it relates to the workplace that the training will
				address.
7.3. The training shall
				take place at the time of implementation of a new device and during initial
				hire orientation of all applicable employees.
7.4. The needlestick injury prevention
				advisory committee shall set forth specific guidelines and recommendations for
				the specific areas that the training shall cover.
7.5. The facility shall maintain records of
				the training of health care employees for three (3) years from the date on
				which the training occurred or according to facility policy whichever is more
				stringent.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-82 - Needlestick Injury Prevention › Section 64-82-8 - Vaccinations

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The employer
				shall ensure that all health care employees who have declined to accept
				hepatitis B vaccination be offered a hepatitis vaccination series annually
				thereafter.
8.2. If a routine
				booster dose of hepatitis B or other vaccines for HCV or HIV are recommended by
				the U.S. Public Health Service at a future date, the employer shall make the
				booster dose or vaccination series available to the health care employee at no
				cost.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-82 - Needlestick Injury Prevention › Section 64-82-9 - Protective Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. All
				health care employees shall use appropriate protective equipment when
				occupational exposure can be reasonably anticipated.
9.2. Facilities shall provide appropriate
				protective equipment to their health care employees at no cost.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-82 - Needlestick Injury Prevention › Section 64-82-10 - Placement of Sharps Containers

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Sharps disposable containers should be
				strategically located and placed so as to be easily visible and to avoid
				overfilling; they should be within easy horizontal reach of the user. Systems
				should have secure locking and enable easy replacement. When containers are
				fixed to a wall, the vertical height should allow the worker to view the
				opening or access to the container.
10.2. The division of health, shall as part
				of its review of sharps injury logs, determine whether injuries have occurred
				due to a lack of sharps containers. The division will report any noncompliance
				with the sharps containers requirement to the Office of Health Facilities
				Certification and Licensure.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-82 - Needlestick Injury Prevention › Section 64-82-11 - Confidentiality; Disclosure

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. No
				person who obtains information under W. Va. Code '16-36-1 et seq. and
				this rule may disclose information to any other person except for the
				fulfillment of purposes consistent with W. Va. Code '16-36-1 et seq. and
				this rule.
11.2. Any person who
				obtains information protected by the provisions of W. Va. Code '16-36-1 et seq. and
				this rule shall sign a statement that he or she fully understands and will
				maintain the confidentiality of the information.
11.3. The reports of all needlestick injuries
				submitted in compliance with this rule are protected and are exempt from public
				disclosure under the exemption for medical records contained in W. Va. Code
				'29B-1-1 et
				seq., the Freedom of Information Act: Provided, That the reports are subject to
				the provisions of W. Va. Code '16-3C-1
				et seq. This information shall not be used except as is necessary to enforce
				State public health laws and rules and to analyze the magnitude of needlestick
				injuries in the State for assisting in the development of adequate safeguards
				against their occurrence.