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 64-91 - Newborn Screening System › Section 64-91-8 - Screening Reporting and Assistance to Afflicted Children

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The birthing facility must record or
				cause to be recorded the newborn screening results in the infant's medical
				record.
8.2. Positive results on
				any screen specified in section 5, or any other diseases specified by the
				bureau, must be promptly reported to the bureau and the primary care provider
				by the director of the state laboratory performing the test.
8.3. The primary care provider must report
				all newborn screening results to the infant's parents or legal
				guardian.
8.4. Assistance with
				referrals must be offered by the bureau in cooperation with other state
				agencies to children determined to be afflicted with any disease specified in
				section 5 for medical and dietary needs.
8.5. When an infant is born in a non-hospital
				or non-birthing facility, including a home, the provisions of subsection 4.3.
				apply.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-91 - Newborn Screening System › Section 64-91-9 - Confidentiality

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Confidential
				information obtained while performing the required screenings may only be
				disclosed to:
9.1.a. Reporting
				sources;
9.1.b. Persons
				demonstrating a need essential to health-related research or care of the
				infant; or
9.1.c. As required by
				law.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-92 - Clandestine Drug Laboratory Remediation › Section 64-92-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes procedures and standards for the licensure and
				training of persons who engage in activities related to the remediation of
				clandestine drug laboratories; it also identifies the responsibilities of
				residential property owners and law enforcement with regard to the
				identification and remediation of clandestine drug laboratories.
1.2. Authority. -- W. Va. Code §
									16-1-4
				and §
									60A-11-3.
1.3. Filing Date. - April 4, 2022.
1.4. Effective Date. - May 1, 2022.
1.5. Sunset Provision. -- This rule shall
				terminate and have no further force or effect upon August 1, 2027.
1.6. Application. -- This rule applies to all
				owners of residential properties which have been used as clandestine drug
				laboratories; all persons who perform the work of clandestine drug laboratory
				remediation including: technicians, contractors, training providers, and law
				enforcement investigating clandestine drug laboratories.
1.7. Enforcement. -- This rule is enforced by
				the commissioner.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-92 - Clandestine Drug Laboratory Remediation › Section 64-92-3 - License Required, Procedures, Application, and Qualifications

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. No person
				shall perform the work of a clandestine drug laboratory remediation technician
				or contractor without possessing a valid license issued under this
				rule.
3.2. Persons applying for a
				license shall be at least 18 years of age to be licensed under this
				rule.
3.3. A license expires either
				one year or two years from the last day of the month in which it is issued at
				the option of the applicant.
3.4.
				The commissioner may refuse to issue a license and retain the license fee if
				the applicant fails to satisfy the requirements of this rule.
3.5. The commissioner may refuse to issue a
				contractor's license if he or she finds that the applicant has knowingly
				falsified or attempted to falsify documents related to any project or license
				within the purview of the department.
3.6. The commissioner shall provide a written
				notice of denial and an opportunity for reapplication to all
				applicants.
3.7. Applicable
				licensure fees, set forth in Table 64-92A of this rule, shall be enclosed with
				each license application. If the applicant chooses to apply for a two-year
				license, the amount of the fee to be enclosed with the license application must
				two times the amount set forth in in Table 64-92A of this rule.
3.8. The applicant, contractor, or an
				authorized agent or officer of the applicant or contractor shall sign the
				application.
3.9. License
				applications shall include the following:
3.9.1. For licensure as a contractor, the
				license number of a current certified clandestine drug laboratory remediation
				technician employed by the contractor;
3.9.2. For licensure of a clandestine drug
				laboratory remediation technician, applicant's date of birth, a current
				certificate of training from a West Virginia licensed clandestine drug
				laboratory remediation training provider and proof of current OSHA 40-hour
				hazardous material training;
3.9.3.
				An applicant for a clandestine drug laboratory remediation technician license
				is subject to a criminal background check; and
3.9.4. Any other information relevant to
				clandestine drug laboratory remediation licensure requested by the
				Commissioner.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-92 - Clandestine Drug Laboratory Remediation › Section 64-92-4 - Licensed Contractor Duties

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Licensed clandestine drug laboratory
				remediation contractors shall:
4.1.1. Ensure
				that each of the contractor's employees or agents who will be involved with a
				clandestine drug laboratory remediation project is properly licensed;
4.1.2. Not begin a clandestine drug
				laboratory remediation project until a preliminary remediation plan is
				submitted to and a notice to proceed is issued by the department;
4.1.3. Ensure that all work practices are in
				compliance with this rule, applicable OSHA requirements and all other
				applicable local, state, and federal requirements;
4.1.4. Use waste-disposal dumpsters, disposal
				sites, and methods which are in conformance with applicable federal, state, and
				local laws, rules, and regulations;
4.1.5. Have third-party final clearance
				sampling performed upon completion of remediation project;
4.1.6. Submit a final remediation report for
				each remediation project to the department within 10 days of receipt of final
				third-party analytical test results;
4.1.7. Supervise demolition of residential
				properties by licensed and certified contractors; and
4.1.8. Submit all analytical test results to
				the commissioner.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-92 - Clandestine Drug Laboratory Remediation › Section 64-92-5 - Licensed Technician Duties

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Licensed technicians shall:
5.1.1. Perform wipe sampling and initial
				assessment in accordance with this rule;
5.1.2. Submit initial assessment report to
				the clandestine drug laboratory remediation program; and
5.1.3. Perform final clearance sampling for
				remediation projects, which shall be by composite sampling, per room remediated
				and include a total of at least a discrete sample from each of a floor, wall,
				ceiling, and HVAC unit, vent, and return and be of an area at least 300
				cm2, but not more than a total area of 400
				cm2.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-92 - Clandestine Drug Laboratory Remediation › Section 64-92-6 - Responsibilities of Law Enforcement Agencies

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The law enforcement agency responsible
				for the identification of a clandestine drug laboratory shall:
6.1.1. Notify the residential property owner
				within 24 hours of the identification;
6.1.2. Notify real property occupants of
				regulations pertaining to securing and vacating property;
6.1.3. Secure from public access the
				clandestine drug laboratory, any controlled substances, and immediate
				precursors;
6.1.4. If probable
				cause exists, impound vehicles that contain clandestine drug laboratories and,
				or equipment, precursors, etc. as defined under section 2 and to the extent
				practical, maintain vehicle secured and unoccupied until testing is completed
				by licensed Clandestine Drug Laboratory Remediation Technician and either the
				initial or post-remediation analytical test results are at or below 1.0
				[MICRO]g of methamphetamine residue per 100 square centimeters (1.0 [MICRO]g
				/100 cm2) or the vehicle is demolished;
6.1.5. Notify the department within 24 hours
				of the identification of a clandestine drug laboratory, and provide name and
				mailing address of property owner and physical location of the clandestine drug
				laboratory;
6.1.6. Within 48 hours,
				provide the department with a legible manifest of all chemical substances
				removed from the identified clandestine drug laboratory on a form prescribed by
				the department for that purpose available online at
https://www.wvdhhr.org/rtia/pdf/Law%20Enforcement%20Notification%20Form.pdf
;
				and
6.1.7. Provide the commissioner
				with any other requested information.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-92 - Clandestine Drug Laboratory Remediation › Section 64-92-7 - Responsibilities of Residential Property Owners

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A residential property owner who has
				been notified by a law enforcement agency or becomes aware of a clandestine
				drug laboratory on his or her property shall:
7.1.1. Ensure the residential property
				remains unoccupied and secured until analytical test results indicate a level
				of contamination at or below 1.0 [MICRO]g /100 cm2,
				a certificate of remediation completion is issued for the property by the
				department, or the property is properly demolished in compliance with 64CSR63
				if applicable;
7.1.2. Within 60
				days of notice of the existence of a clandestine drug laboratory, test,
				commence remediation, or demolish the residential property in accordance with
				this rule and any other applicable law;
7.1.3. In the case of a hotel, motel, or
				multi-unit building, all units or areas immediately adjacent to a unit or area
				within the hotel, motel, or multi-unit building that contained a clandestine
				drug laboratory and that is under the control of the residential property owner
				must be secured, vacated and tested in accordance with this rule, unless,
				however, a fire break wall separates adjoining units in a multi-unit building,
				the commissioner may determine to allow adjoining units to remain occupied
				pending testing and remediation;
7.1.4. When analytical testing shows a level
				of contamination of greater than 1.0 [MICRO]g /100
				cm2, contract within 60 days a licensed clandestine
				drug lab remediation contractor to either remediate or demolish the residential
				property in accordance with this rule; and
7.1.5. Conduct additional testing in
				accordance with the provisions of this rule as required by the
				commissioner.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-92 - Clandestine Drug Laboratory Remediation › Section 64-92-8 - Decontamination Levels

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The post
				remediation, re-occupancy decontamination level for residential property where
				a clandestine drug laboratory has been identified is: 1.0 [MICRO]g /100
				cm2 of area sampled by a licensed clandestine drug
				laboratory remediation technician.
8.2. The commissioner may request sampling
				for additional chemicals if the manifest of chemicals removed from the property
				indicates a need for further sampling.
8.3. All analytical laboratories used to
				analyze samples taken to comply with this rule shall be AIHA or EPA
				certified.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-92 - Clandestine Drug Laboratory Remediation › Section 64-92-9 - Initial Assessment Report

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. An initial assessment report shall be
				submitted to the commissioner within 10 days of receipt of the initial
				analytical results and shall, at a minimum, contain the following:
9.1.1. An initial assessment, conducted by a
				licensed clandestine drug laboratory remediation technician, containing the
				following:
9.1.2.a. The name, signature, and
				license number of person who conducted the site assessment;
9.1.2.b. The date of initial
				assessment;
9.1.2.c. The physical
				address and legal description of property;
9.1.2.d. The name and address of property
				owner;
9.1.2.e. A physical
				description of the property, including GPS coordinates when
				practicable;
9.1.2.f. The age of
				property;
9.1.2.g. A source of
				potable water;
9.1.2.h. The status
				of utility connections;
9.1.2.i. A
				description of the heating, cooling, and ventilation systems;
9.1.2.j. If suspected asbestos containing
				materials are present, the absence or presence of asbestos verified by a
				licensed and certified asbestos inspector prior to any remediation, demolition,
				or disposal activities, and a copy of the asbestos inspection report shall be
				provided to the commissioner;
9.1.2.k. A general listing of items to be
				removed from the residential property for disposal;
9.1.2.l. Items requiring special handling for
				disposal; and
9.1.2.m. Any obvious
				safety hazards.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-92 - Clandestine Drug Laboratory Remediation › Section 64-92-10 - Preliminary Remediation Plan

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The preliminary remediation plan shall
				be submitted to the commissioner and include the following:
10.1.1. A general listing of items to be
				removed from the residential property for disposal;
10.1.2. The methods used to wash hard
				surfaces;
10.1.3. The sequence of
				work activities;
10.1.4. Items
				requiring special handling for disposal;
10.1.5. An asbestos project design, prepared
				by a licensed asbestos project designer if asbestos containing materials are to
				be disturbed;
10.1.6. Any obvious
				safety hazards;
10.1.7. The methods
				used to handle cleaning effluents generated during remediation;
10.1.8. The beginning and ending dates of the
				remediation project, which may be modified only upon approval by the
				commissioner;
10.1.9. The
				identification of all methamphetamine remediation contractors and technicians
				engaged for the project;
10.1.10.
				The identification of any subcontractors to be used for any part of the
				remediation project; and
10.1.11.
				The identification of any waste disposal sites to be used.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-92 - Clandestine Drug Laboratory Remediation › Section 64-92-11 - Final Remediation Report

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. A final remediation report shall be
				submitted to the commissioner within 10 business days of completion of
				remediation of residential property as documented on the Plan Review, and
				shall, at a minimum, contain the following:
11.1.1. The name, signature, copies of
				licenses (for all technicians involved), copies of training certificates (for
				all technicians involved) and license number of person who prepared the
				report;
11.1.2. The physical
				address of the property;
11.1.3. A
				summary of any work performed which deviated from or was not discussed in the
				approved preliminary remediation plan;
11.1.4. Documented use of waste-disposal
				dumpsters at all remediation projects; the use of trailers, truck beds and/or
				box trucks will be considered a violation of this rule;
11.1.5. Copies of waste manifests for all
				materials removed from the property, including a complete list with serial
				numbers (when applicable) of all items removed and disposed of from residential
				property;
11.1.6. Copies of
				clearance air monitoring sample results from a licensed asbestos clearance air
				monitor if asbestos containing materials were disturbed;
11.1.7. Copies of asbestos certificates for
				all asbestos contractors, workers, supervisors, and designers that performed
				any asbestos remediation;
11.1.8.
				Submission of final clearance analytical sample results by a third-party
				licensed technician, including the following:
11.1.8.a. Approved laboratory sample results
				with analysis for all samples collected, quality control plan for sampling of
				site, description of analytical methods used, and laboratory quality assurance
				and quality control plan;
11.1.8.b.
				A legible site drawing showing the location of all samples taken;
11.1.8.c. A photograph of each sample
				location cross-referenced to the laboratory results as identified on the site
				drawing, including a description of exact sample location with written and
				graphic description of sample locations;
11.1.9. A photograph of each room post
				decontamination;
11.1.10. A
				photograph of each item destroyed or rendered unusable on site;
11.1.11. Chain of custody forms with
				signatures for all samples collected;
11.1.12. A copy of the final remediation
				report checklist (available online at
https://www.wvdhhr.org/rtia/pdf/Final%20Remediation%20Report%20Checklist(1).pdf
)
				identifying the report page location for each required report component, along
				with a signed statement that all remediation work was performed in accordance
				with the provisions of this rule; and
11.1.13. Any other information requested by
				the commissioner.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-92 - Clandestine Drug Laboratory Remediation › Section 64-92-12 - Training Accreditation

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				The commissioner may accredit clandestine drug laboratory remediation courses
				provided to persons applying for licensure as a remediation technician in West
				Virginia.
12.2. Persons seeking
				clandestine drug laboratory remediation training course accreditation shall
				submit an application on forms approved by the commissioner (available online
				at
https://www.wvdhhr.org/rtia/pdf/Training%20Provider%20Application%20Form.pdf
)
				together with the fee set forth in Table 64-92A of this rule.
12.3. West Virginia accredited clandestine
				drug laboratory remediation initial training courses shall be a minimum of 16
				hours in duration and shall include, at a minimum, the following:
12.3.1. Clandestine drug manufacturing
				methods;
12.3.2. The health effects
				and routes of chemical exposure;
12.3.3. Recognition of safety
				hazards;
12.3.4. Review of
				applicable OSHA requirements including:
12.3.4.a. The hazard communication
				program;
12.3.4.b. Blood borne
				pathogens;
12.3.4.c. Personal
				protective equipment; and
12.3.4.d.
				Confined space entry.
12.3.5. Sample collection and sampling
				protocol;
12.3.6. Hazardous and
				non-hazardous waste disposal;
12.3.7. Preliminary remediation plan
				preparation;
12.3.8. Final
				remediation report preparation;
12.3.9. Items requiring disposal;
12.3.10. Cleaning procedures for all
				surfaces;
12.3.11. Prevention of
				mold growth during and following remediation;
12.3.12. A review of this rule;
12.3.13. A review of 64CSR63;
12.3.14. Evaluation of heating, venting and
				air conditioning systems;
12.3.15.
				Legal liabilities; and
12.3.16.
				Types of insurance.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-92 - Clandestine Drug Laboratory Remediation › Section 64-92-13 - Inspections

Current through Register Vol. XLI, No. 28, July 12, 2024
The commissioner has the right to enter any clandestine drug
				  laboratory remediation project and to conduct inspections to determine
				  compliance with this rule.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-92 - Clandestine Drug Laboratory Remediation › Section 64-92-14 - Penalties and enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. The
				commissioner may, depending upon the severity of the violation and upon the
				degree of health hazard created, suspend, or revoke the license of a
				clandestine drug laboratory remediation technician or contractor if the
				licensee:
14.1.1. Fraudulently or deceptively
				obtains or attempts to obtain a license;
14.1.2. Fails at any time to meet the
				qualifications for a license or to comply with the requirements of W. Va. Code
				§
										60A-11-1
,
				et seq.
or this rule;
14.1.3. Knowingly falsifies or attempts to
				falsify documents related to a clandestine drug laboratory remediation project
				or license; or
14.1.4. Fails to
				meet the applicable federal or state standard for remediation.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-92 - Clandestine Drug Laboratory Remediation › Section 64-92-15 - Receipt and disbursement of license fees

Current through Register Vol. XLI, No. 28, July 12, 2024
Fees collected pursuant to this rule shall be deposited in
				  accordance with the provisions of W. Va. Code §
									16-1-10,
				  §
									16-1-11,
				  and §
									16-1-12,
				  to be used by the commissioner for purposes related to the implementation 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 64-92 - Clandestine Drug Laboratory Remediation › Section 64-92-16 - Administrative due process

Current through Register Vol. XLI, No. 28, July 12, 2024
Those individuals 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 the manner prescribed by the Rules and
				  Procedures for Contested Case Hearings 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 64-92 - Clandestine Drug Laboratory Remediation › Table 64-92A - Fee Schedule

Current through Register Vol. XLI, No. 28, July 12, 2024
Clandestine Drug Laboratory Remediation Technician
							 License
$100
Clandestine Drug Laboratory Remediation Contractor
							 License
$300
Clandestine Drug Laboratory Preliminary Remediation
							 Plan Review
$100
Clandestine Drug Laboratory Remediation Training
							 Provider Initial Accreditation
$1,000
Clandestine Drug Laboratory Remediation Training
							 Provider Annual Reaccreditation
$500
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-93 - Domestic Violence Fatality Review Team › Section 64-93-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule established standard procedures for the formation and conduct of the
				domestic violence fatality review team and recommends protocols for the review
				of domestic violence fatalities where other than natural causes are suspected.
				This rule should be read in conjunction with W. Va. Code §
									48-27A-1,
				et seq. The West Virginia 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 §
									48-27A-1.
1.3. Filing Date. -- July 27, 2007.
1.4. Effective Date. -- August 27,
				2007.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-93 - Domestic Violence Fatality Review Team › Section 64-93-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. - This rule applies to the members of the domestic violence
				fatality review team and consultants, experts or other specialist who may work
				with the DVFRT.
2.2. Enforcement. -
				This rule is enforced by the Office of the Chief Medical Examiner in the Bureau
				for Public Health, Department of Health and Human Resources.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-93 - Domestic Violence Fatality Review Team › Section 64-93-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Department. -
				The West Virginia Department of Health and Human Resources.
3.2. Domestic Violence Fatality. - An
				unnatural death precipitated by events surrounding a relationship among
				individuals who are family or household members as defined in W. Va. Code
				§
									48-27-204.
3.3. Domestic Violence Fatality Review Team
				(DVFRT). - A multidisciplinary and multi-agency group of professionals
				including but not limited to representatives from public health, mental health,
				medicine, law and law enforcement and adult welfare that reviews the
				circumstances surrounding the deaths of children or adults which may be related
				to incidents of domestic violence.
3.4. Incident - An unnatural death reviewed
				by the team. The final determination as to whether an incident is a domestic
				violence fatality will be made at the time of the team review.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-93 - Domestic Violence Fatality Review Team › Section 64-93-4 - Responsibilities of Domestic Violence Fatality Review Team

Current through Register Vol. XLI, No. 28, July 12, 2024
The DVFRT shall perform the duties described in W. Va. Code
				  §
									48-27A-1,
				  including the review of all suspected domestic violence deaths occurring in the
				  State of West Virginia.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-93 - Domestic Violence Fatality Review Team › Section 64-93-5 - Conduct of Domestic Violence Fatality Review Team

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The DVFRT shall meet as needed to
				fulfill its mission as set forth in W. Va. Code §
									48-27A-1,
				but no less frequently than quarterly.
5.2. In addition to those members specified
				in W. Va. Code §
									48-27A-1,
				additional individuals whose expertise is determined to be beneficial to the
				DVFRT or who may serve the team as consultants may be added as non-voting
				attendees with the approval of the majority of the existing team
				members.
5.3. The chairperson of
				the DVFRT, or his or her designee, will screen adult deaths that are reported
				to the chief medical examiner, under W. Va. Code §
									61-12-8(a),
				in an attempt to identify those incidents that might be domestic violence
				related. DVFRT members may also submit incidents for review by the team to
				determine whether it is a domestic violence incident.
5.4. Each member of the DVFRT shall examine
				the records of his or her agency to determine if they have information relating
				to the incident under review. Members may contact other agencies to collect
				pertinent records and information if necessary.
5.5. Team members shall present to the rest
				of the DVFRT the information obtained from the record reviews and information
				collection.
5.6. Some incidents may
				be reviewed by the full DVFRT while other incidents may be reviewed by
				designees and summaries presented to the full DVFRT.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-93 - Domestic Violence Fatality Review Team › Section 64-93-6 - Confidentiality

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. All
				information, records of the DVFRT, and opinions expressed by members of the
				DVFRT, are confidential.
6.2. With
				the approval of the majority of members present at a regularly scheduled
				meeting of the DVFRT at which at least 50 percent of the appointed members are
				present, information, recommendations, opinions, and publications may be
				released in accordance with the provisions of W. Va. Code §§
									48-27A-1(g)
				and
				48-27A-1(h).
				The chairperson of the team may authorize the release of purely statistical
				information.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-93 - Domestic Violence Fatality Review Team › Section 64-93-7 - Publication of Statistics and Reports

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The DVFRT has final approval of all
				content, wording, data and format of all reports it authors.
7.2. Any previously approved information,
				recommendations, opinions or publications developed by the DVFRT may be
				released, published, or disseminated by any agency that has a participating
				member serving on the DVFRT with the proper recognition and acknowledgement
				given to the DVFRT as the source.
7.3. The DVFRT may authorize the release,
				publication or dissemination of information, recommendations, opinions and
				publications by any agency it deems appropriate.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-94 - West Virginia Alzheimers Disease Registry › Section 64-94-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope -- This
				procedural rule sets forth and establishes procedures governing the West
				Virginia Alzheimer's Disease Registry as a central information database for
				policy and planning relative to Alzheimer's disease and related disorders,
				pursuant to the provisions of the West Virginia Administrative Procedures Act,
				29A-3-1 et. seq.
1.2. Authority. --
				W. Va. Code §
									16-5R-7.
1.3. Filing Date. -- November 27,
				2007.
1.4. Effective Date.--
				December 27, 2007.
1.5.
				Applicability. -- This rule applies to all hospitals, physicians, health care
				providers, health care facilities, Alzheimer's disease/dementia special care
				units and programs, clinics or other similar units diagnosing or providing
				treatment or care for individuals who are diagnosed by a physician to have
				Alzheimer's disease or a related disorder. These facilities include, but are
				not limited to, adult day care facilities, assisted living residences,
				behavioral health centers, nursing homes, and residential care
				communities.
1.6. Purpose. -- The
				West Virginia Alzheimer's Disease Registry will provide a database to evaluate
				the incidence and prevalence of Alzheimer's disease and related disorders in
				West Virginia. It will provide information for policy planning purposes and
				provide non-identifying data to support research on Alzheimer's disease and
				related disorders.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-94 - West Virginia Alzheimers Disease Registry › Section 64-94-3 - Purpose: Required Reporting of Alzheimer's disease and related disorders

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Board of
				Governors shall establish the Registry and delegate to the Vice-President for
				Health Sciences at West Virginia University or their designee the
				responsibility for developing specific protocols for the reporting of
				Alzheimer's disease and related disorders to the Registry. The protocols shall
				include any information to be reported under this rule and any additional
				relevant information determined to be necessary for adequate reporting. All
				protocols must be approved by the West Virginia University Institutional Review
				Board.
3.2. The reports required by
				this rule shall be reported electronically or in paper format on forms
				available from or provided by the Registry.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-94 - West Virginia Alzheimers Disease Registry › Section 64-94-4 - Registry Contents

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Information to be reported. Reports from health care providers and facilities,
				as defined in section 2 of this rule shall include the individual's:
4.1.a. Last name, first name and middle
				initial;
4.1.b. Birth
				date;
4.1.c. Gender;
4.1.d. Last four digits of the Social
				security number;
4.1.e. Maiden
				name( if female);
4.1.f.
				Race/ethnicity;
4.1.g. Address,
				including street, city, county, and zip code;
4.1.h. Contact information including
				secondary contacts;
4.1.i. Brief
				medical history;
4.1.j. History of
				Alzheimer's disease and related disorders;
4.1.k. Physician's name;
4.1.l. Physician's contact information
				including address, phone, fax numbers, or email; and
4.1.m. Other information considered relevant
				for policy and planning relative to Alzheimer's disease and related
				disorders.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-94 - West Virginia Alzheimers Disease Registry › Section 64-94-5 - Standard Operating Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. All aspects of data collection,
				management, and maintenance shall be governed by written standard operating
				procedures developed by the Registry.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-94 - West Virginia Alzheimers Disease Registry › Section 64-94-6 - Data Management

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Registry data shall be managed in compliance with standard data management
				procedures.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-94 - West Virginia Alzheimers Disease Registry › Section 64-94-7 - Regulatory Compliance

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				Registry shall comply with all applicable Department of Health and Human
				Resources requirements and rules.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-94 - West Virginia Alzheimers Disease Registry › Section 64-94-8 - Persons and Facilities, Required to Report

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Health care Providers and Facilities.
				All health care providers and facilities, as defined in section 2 of this rule,
				that diagnose Alzheimer's disease or a related disorder or provide treatment or
				care for an individual who is diagnosed by a physician to have Alzheimer's
				disease or a related disorder shall provide a report of each case of the
				disease or condition as required by this rule.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-94 - West Virginia Alzheimers Disease Registry › Section 64-94-9 - Distribution of Rule

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The
				Registry shall distribute this rule to licensed health care providers or
				facilities, as defined in section 2 of this rule, which have a duty to report
				pursuant to the provisions of this rule. Local health departments may copy and
				distribute this rule to local health care providers or facilities, as defined
				in section 2 of this rule, at no cost. The rule shall also be available online
				from the Registry at
www.WVADR.hsc.wvu.edu.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-94 - West Virginia Alzheimers Disease Registry › Section 64-94-10 - Confidential Information, Utilization of Information, and Permitted Disclosures of Information

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				Confidential Information: Any information collected and maintained pursuant to
				this rule by the Registry which identifies an individual as having Alzheimer's
				disease or a related disorder is "confidential information" and exempt from
				disclosure to third parties, pursuant to the provisions of all applicable state
				and federal laws, unless the disclosure is permitted pursuant to the provisions
				of subsection 10.3 of this section.
10.2. Use of non-identifying information:
10.2.1. The Registry may disclose
				non-identifying information for research purposes only.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-94 - West Virginia Alzheimers Disease Registry › Section 64-94-11 - Communication

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Communication
				by the Registry with individuals, individual's representatives, and health care
				providers or facilities, as defined in section 2 of this rule, shall be made
				directly via U.S. mail, telephone, or e-mail to notify individuals and
				individuals' representatives about inclusion in the Registry and, if requested,
				to advise about research opportunities and to convey disease-related
				information.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-94 - West Virginia Alzheimers Disease Registry › Section 64-94-12 - Registry Director

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The
				Board of Governors shall delegate to the President of West Virginia University
				or his or her designee the responsibility for appointment of the Director of
				the Registry.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-94 - West Virginia Alzheimers Disease Registry › Section 64-94-13 - Registry Advisory Board

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1.
				The Board of Governors shall delegate to the President of West Virginia
				University or his or her designee the responsibility for the appointment of an
				Advisory Board to the Registry.
13.1.1. The
				Advisory Board shall make recommendations to the Director about the
				implementation, coordination and oversight of the Registry.
13.1.2. The Advisory Board shall be comprised
				of, but not limited to, representatives from The Blanchette Rockefeller
				Neurosciences Institute, The Institute on Aging, West Virginia University,
				Marshall University, West Virginia Department of Health and Human Resources,
				and representatives of public and private entities and organizations and other
				individuals involved in Alzheimer's disease and related disorders. These shall
				include, but not be limited to, the Alzheimer's Association, West Virginia
				chapter, West Virginia State Medical Association, West Virginia Health Care
				Association, AARP (American Association of Retired Persons) West Virginia, West
				Virginia chapter of the National Association of Social Workers and other
				stakeholders as well as members of the community including a caregiver of a
				person with Alzheimer's disease or a related disorder.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-95 - Immunization Requirements and Recommendations for Children Attending School and Enrolled in State-Regulated Child Care › Section 64-95-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Bureau" means
				the Bureau for Public Health in the Department of Health and Human
				Resources.
2.2. "Child" or
				"Children" means any person between the ages of birth and eighteen years or up
				to twenty-one years of age when that person is attending school.
2.3. "Commissioner" means the Commissioner of
				the Bureau for Public Health, or his or her designee.
2.4. "Contraindication" means a medical
				condition which renders an immunization improper for a particular individual.
				Contraindications for each vaccine are found in statements written and
				published by the Advisory Committee on Immunization Practices (ACIP) as
				Recommendations of the Immunization Practices Advisory Committee and in Vaccine
				Information Statements (VIS) from the Centers for Disease Control and
				Prevention (CDC). The recommendations of the ACIP and VIS regarding
				contraindications can be found at
http://www.cdc.gov/vaccines
.
2.5. "Delinquent" means lacking age
				appropriate immunization(s) which are required to have been completed prior to
				school entry.
2.6. "Exemption"
				means an exemption for the compulsory immunization requirements of
W.
				Va. Code
§
									16-3-4
				and 64 C.S.R. 95.
2.7.
				"Immunization Officer" means the physician appointed and employed by the
				Commissioner to make a determination on an application for an exemption to the
				compulsory immunization requirements of
W. Va. Code
§
									16-3-4,
				on a statewide basis.
2.8. "Local
				Health Officer" means the physician who supervises and directs the medical
				activities of a local health department and is appointed by the local board of
				health with approval from the Commissioner.
2.9. "Physician" means the child's personal
				licensed physician.
2.10.
				"Precaution" means a condition defined under the current standards of
				immunization practice that might increase the chance or severity of an adverse
				vaccine reaction or compromise the ability of the vaccine to produce
				immunity.
2.11. "State Health
				Officer" means the person appointed to serve as Commissioner and State Health
				Officer of the Bureau.
2.12.
				"Student" means any child who enters into a school building housing
				kindergarten through twelfth grade to attend classes or programs or to
				participate in extracurricular activities taking place in a school building, on
				school grounds or at a place where the school conducts extracurricular
				activities and includes children entering for preschool programs as well as
				children in grades kindergarten through twelfth grade and children who transfer
				into a West Virginia School from another state or who transfer from being home
				schooled or from a private or alternative school.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-95 - Immunization Requirements and Recommendations for Children Attending School and Enrolled in State-Regulated Child Care › Section 64-95-3 - Interpretive Rule

Current through Register Vol. XLI, No. 28, July 12, 2024
As it is the intent of
W. Va. Code
§
									16-3-4,
				  to provide for the compulsory immunization of all children enrolled in a
				  public, private, or parochial school in this state, or a state-regulated child
				  care center, and as it is consistent with the Commissioner's authority to (1)
				  enforce the public health laws of this State; and (2) require additional
				  immunizations for public health purposes, the Bureau for Public Health
				  interprets
W. Va. Code
§
									16-3-4,
				  to include:
3.1. Dosage and interval
				schedules based upon the most current recommendations issued by the U.S.
				Department of Health and Human Services, Advisory Committee on Immunization
				Practices (ACIP), the American Academy of Pediatrics (AAP), the American
				Academy of Family Physicians (AAFP) and the Centers for Disease Control and
				Prevention (CDC), for the following immunizations:
3.1.a. Diphtheria - the specific dosage and
				interval schedules are contained in section 4;
3.1.b. Hepatitis B - the specific dosage and
				interval schedules are contained in section 5;
3.1.c. Mumps - the specific dosage and
				interval schedules are contained in section 7;
3.1.d. Pertussis (Whooping Cough) - the
				specific dosage and interval schedules are contained in section 4;
3.1.e. Poliomyeltis (Polio) - the specific
				dosage and interval schedules are contained in section 8;
3.1.f. Rubella- the specific dosage and
				interval schedules are contained in section 9 of this rule;
3.1.g. Rubeola (Measles) - the specific
				dosage and interval schedules are contained in section 6;
3.1.h. Tetanus- the specific dosage and
				interval schedules are contained in section 4;
3.1.i. Varicella (Chickenpox) - the specific
				dosage and interval schedules are contained in section 10; and
3.1.j. Meningococcal (meningitis) - the
				specific dosage and interval schedules are contained in section 11;