West Virginia Code of State Rules
Agency 69 - Health And Human Resources
Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES
Series 69-14 - Collection and Exchange of Data Related to Overdoses
Section 69-14-1 - General

1.1. Scope. -- This rule establishes requirements to facilitate (1) the exchange of data and information with the Office of Drug Control Policy, the Department of Health and Human Resources and its Bureaus, the Department of Military Affairs and Public Safety, the Department of Administration, the Administrator of Courts, the Poison Control Center, the Board of Pharmacy, law enforcement, local health departments, and emergency medical service agencies in each county; and (2) the reporting of overdoses by law enforcement agencies, including state, county, and local police departments, health care providers, emergency response providers, medical examiners, and hospital emergency rooms.

1.2. Authority. -- W. Va. Code § 16-5T-5.

1.3. Filing Date. -- April 13, 2020.

1.4. Effective Date. -- April 13, 2020.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on April 13, 2025.

1.6. Applicability. -- This rule applies to the Office of Drug Control Policy, the Department of Health and Human Resources, and its bureaus, the Department of Military Affairs and Public Safety, the Department of Administration, the Administrator of Courts, the Poison Control Center, the Board of Pharmacy, law enforcement agencies, health care providers, emergency response providers, medical examiners, and hospital emergency rooms.

1.7. Background. -- The West Virginia Drug Control Policy Act (hereinafter referred to as "the Act"), enacted during the 2017 Regular Legislative Session, created the Office of Drug Control Policy (ODCP) within the Department of Health and Human Resources, under the direction of the Secretary and supervision of the State Health Officer. The ODCP is charged with creating a state drug control policy in coordination with the bureaus of the department and other state agencies. This policy must include all programs which are related to the prevention, treatment, and reduction of alcohol abuse, substance use disorder, and the use of tobacco.

The ODCP is required to (1) develop and implement a program to collect and store data from law enforcement agencies, emergency medical services, health care providers, and the Office of the Chief Medical Examiner on fatal and nonfatal overdoses caused by abuse and misuse of prescription and illicit drugs; (2) develop and implement a program that requires the collection and storage of data from law enforcement agencies, emergency medical services, health care providers, the Office of the Chief Medical Examiner, and other entities as required by the ODCP on the dispensing and use of an opioid antagonist; and (3) facilitate the collection and storage of data and issues.

Finally, the ODCP is authorized to exchange necessary data and information with the bureaus within the department, the Department of Military Affairs and Public Safety, the Department of Administration, the Administrator of Courts, the Poison Control Center, and the Board of Pharmacy. This data and information may include, but is not limited to, data from the Controlled Substance Monitoring Program; the all-payer claims database; the criminal offender record information database; and the court activity record information.

1.8. Purpose. -- The purpose of this rule is to prescribe requirements for the collection of data and issues on fatal and nonfatal overdoses, caused by abuse and misuse of prescription and illicit drugs, and the exchange of data and information with the Department of Health and Human Resources, the Department of Military Affairs and Public Safety, the Department of Administration, the Administrator of Courts, the Poison Control Center, and the Board of Pharmacy. The data and information may include, but is not limited to, data from the Controlled Substance Monitoring Program; the all-payer claims database; the criminal offender record information database; and the court activity record information.

Additionally, this rule contains requirements for health care providers; medical examiners; law enforcement agencies, including state, county, and local police departments; emergency response providers, and hospital emergency rooms to report all overdoses to the ODCP within 72 hours after the provider responds to the incident and via an appropriate information technology platform.