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1 - STATE PUBLIC HEALTH SYSTEM 1A - UNIFORM CREDENTIALING FOR HEAL 1B - SKILLED NURSING FACILITIES FOR 1C - HEALTH CARE PROVIDER TRANSPARE 2 - LOCAL BOARDS OF HEALTH 2A - ALTERNATIVE METHOD OF ORGANIZI 2B - FAMILY PLANNING AND CHILD SPAC 2C - HOME HEALTH SERVICES 2D - CERTIFICATE OF NEED 2E - BIRTHING CENTERS 2F - PARENTAL NOTIFICATION OF ABORT 2G - SPECIAL SUPPLEMENTARY FOOD PRO 2H - PRIMARY CARE SUPPORT PROGRAM 2I - WOMEN'S RIGHT TO KNOW ACT 2J - PREVENTIVE CARE PILOT PROGRAM 2K - PROGRAMS OF ALL-INCLUSIVE CARE 2L - PROVIDER SPONSORED NETWORKS 2M - THE PAIN-CAPABLE UNBORN CHILD 2N - NEONATAL ABSTINENCE CENTERS 2O - UNBORN CHILD PROTECTION FROM D 3 - PREVENTION AND CONTROL OF COMMU 3A - REPOSITORY OF INFORMATION ON M 3B - PERTUSSIS 3C - AIDS-RELATED MEDICAL TESTING A 3D - TUBERCULOSIS TESTING, CONTROL, 4 - SEXUALLY TRANSMITTED DISEASES 4A - PRENATAL EXAMINATION 4B - AUTOPSIES ON BODIES OF DECEASE 4C - EMERGENCY MEDICAL SERVICES ACT 4D - AUTOMATED EXTERNAL DEFIBRILLAT 4E - UNIFORM MATERNAL SCREENING ACT 4F - EXPEDITED PARTNER THERAPY 5 - VITAL STATISTICS 5A - CANCER CONTROL 5B - HOSPITALS AND SIMILAR INSTITUT 5C - NURSING HOMES 5D - ASSISTED LIVING RESIDENCES 5E - REGISTRATION AND INSPECTION OF 5F - HEALTH CARE FINANCIAL DISCLOSU 5G - OPEN HOSPITAL PROCEEDINGS 5H - CHRONIC PAIN CLINIC LICENSING 5I - HOSPICE LICENSURE ACT 5J - CLINICAL LABORATORIES QUALITY 5K - EARLY INTERVENTION SERVICES FO 5L - LONG-TERM CARE OMBUDSMAN PROGR 5M - OSTEOPOROSIS PREVENTION EDUCAT 5N - RESIDENTIAL CARE COMMUNITIES 5O - MEDICATION ADMINISTRATION BY U 5P - SENIOR SERVICES 5Q - THE JAMES "TIGER" MO 5R - THE ALZHEIMER'S SPECIAL CARE S 5S - OLDER WEST VIRGINIANS ACT 5T - OFFICE OF DRUG CONTROL POLICY 5U - ARTHRITIS PREVENTION EDUCATION 5V - EMERGENCY MEDICAL SERVICES RET 5W - WEST VIRGINIA OFFICIAL PRESCRI 5X - CAREGIVER ADVISE, RECORD AND E 5Y - MEDICATION-ASSISTED TREATMENT 5Z - COALITION FOR DIABETES MANAGEM 6 - HOTELS AND RESTAURANTS 7 - PURE FOOD AND DRUGS 8 - ELECTROLOGISTS 8A - NARCOTIC DRUGS 8B - DANGEROUS DRUGS ACT 9 - OFFENSES GENERALLY 9A - TOBACCO USAGE RESTRICTIONS 9B - IMPLEMENTING TOBACCO MASTER SE 9C - STATE TOBACCO GROWERS' SETTLEM 9D - ENFORCEMENT OF STATUTES IMPLEM 9E - DELIVERY SALES OF TOBACCO 9F - COUNTERFEIT CIGARETTES 10 - UNIFORM DETERMINATION OF DEAT 11 - SEXUAL STERILIZATION 12 - SANITARY DISTRICTS FOR SEWAGE 13 - SEWAGE WORKS AND STORMWATER W 13A - PUBLIC SERVICE DISTRICTS 13B - COMMUNITY IMPROVEMENT ACT 13C - DRINKING WATER TREATMENT REV 13D - REGIONAL WATER AND WASTEWATE 13E - COMMUNITY ENHANCEMENT ACT 14 - BARBERS AND COSMETOLOGISTS 15 - STATE HOUSING LAW 16 - HOUSING COOPERATION LAW 17 - NATIONAL DEFENSE HOUSING 18 - SLUM CLEARANCE 19 - ANATOMICAL GIFT ACT 20 - AIR POLLUTION CONTROL 21 - BLOOD DONATIONS 22 - DETECTION AND CONTROL OF PHEN 22A - TESTING OF NEWBORN INFANTS F 22B - BIRTH SCORE PROGRAM 23 - TRANSFUSION OF BLOOD; TRANSPL 24 - STATE HEMOPHILIA PROGRAM 25 - DETECTION OF TUBERCULOSIS, HI 26 - WEST VIRGINIA SOLID WASTE MAN 27 - STORAGE AND DISPOSAL OF RADIO 27A - BAN ON CONSTRUCTION OF NUCLE 28 - ASSISTANCE TO KOREAN AND VIET 29 - HEALTH CARE RECORDS 29A - WEST VIRGINIA HOSPITAL FINAN 29B - HEALTH CARE AUTHORITY 29C - INDIGENT CARE 29D - STATE HEALTH CARE 29E - LEGISLATIVE OVERSIGHT COMMIS 29F - UNINSURED AND UNDERINSURED P 29G - WEST VIRGINIA HEALTH INFORMA 29H - INTERAGENCY HEALTH COUNCIL 29I - WEST VIRGINIA HEALTH CARE AU 30 - WEST VIRGINIA HEALTH CARE DEC 30A - MEDICAL POWER OF ATTORNEY 30B - HEALTH CARE SURROGATE ACT 30C - DO NOT RESUSCITATE ACT 31 - COMMUNITY RIGHT TO KNOW 32 - ASBESTOS ABATEMENT 33 - BREAST AND CERVICAL CANCER PR 34 - LICENSURE OF RADON MITIGATORS 35 - LEAD ABATEMENT 37 - BODY PIERCING STUDIO BUSINESS 38 - TATTOO STUDIO BUSINESS 39 - PATIENT SAFETY ACT 40 - STATEWIDE BIRTH DEFECTS INFOR 41 - ORAL HEALTH IMPROVEMENT ACT 42 - COMPREHENSIVE BEHAVIORAL HEAL 43 - ENGINE COOLANT AND ANTIFREEZE 44 - THE PULSE OXIMETRY NEWBORN TE 45 - TANNING FACILITIES 46 - ACCESS TO OPIOID ANTAGONISTS 47 - ALCOHOL AND DRUG OVERDOSE PRE 48 - WEST VIRGINIA ABLE ACT 49 - WEST VIRGINIA CLEARANCE FOR A 50 - EPINEPHRINE AUTO-INJECTOR AVA 51 - RIGHT TO TRY ACT 52 - COALITION FOR RESPONSIBLE PAI 53 - ESTABLISHING ADDITIONAL SUBST |
CHAPTER 16. PUBLIC HEALTH.ARTICLE 36. NEEDLESTICK INJURY PREVENTION.§16-36-1. Definitions.As used in this article: (a) "Director" means the director of the division of health; (b) "Engineering controls" means sharps prevention technology including, but not limited to, systems not using needles and needles with engineered sharps injury protection; (c) "Facility" means every hospital licensed under the provisions of article five-b of this chapter; every nursing home licensed under the provisions of article five-c of this chapter; every local health department, every home health agency certified by the office of health facility licensure and certification, all hospitals and nursing homes operated by the state or any agency of the state and all hospitals, nursing homes, local health departments and home health agencies which are staffed, in whole or in part, by public employees; (d) "Health care worker" means any person working in a facility; (e) "Needleless system" means a device that does not utilize needles for the withdrawal of body fluids after initial venous or arterial access is established, the administration of medication or fluids, or any other procedure involving the potential for an exposure incident; (f) "Needlestick injury" means the parenteral introduction into the body of a health care worker, during the performance of his or her duties, of blood or other potentially infectious material by a hollow-bore needle or sharp instrument, including, but not limited to, needles, lancets, scalpels and contaminated broken glass; and (g) "Sharps" means hollow-bore needles or sharp instruments, including, but not limited to, needles, lancets and scalpels.
§16-36-2. Needlestick injury prevention rules.(a) On or before July 1, 2000, the director shall, with the advice and cooperation of the advisory committee established under this article, propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code requiring facilities, as a condition of licensure certification or operation, to minimize the risk of needlestick and sharps injuries to health care workers. In developing the rules the director shall take into consideration the most recent guidelines of the occupational safety and health administration that relate to prevention of needlestick and sharps injuries. (b) The rules shall include, but not be limited to, the following provisions: (1) A requirement that facilities utilize needleless systems or other engineering controls designed to prevent needlestick or sharps injuries, except 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. Those circumstances shall be specified by the facility and shall include, but not be limited to, circumstances where the technology is medically contraindicated or not more effective than alternative measures used by the facility to prevent exposure incidents: Provided, That no specific device may be mandated; (2) A requirement that information concerning exposure incidents be recorded in a sharps injury log, to be kept within the facility and reported annually to the director. Information recorded in the log shall contain, at a minimum: (A) The date and time of the exposure incident; (B) The type and brand of sharp involved in the incident; and (C) A description of the exposure incident which shall at a minimum include: (i) The job classification of the exposed worker; (ii) The department or work area where the exposure incident occurred; (iii) The procedure that the exposed worker was performing at the time of the incident; (iv) How the incident occurred; (v) The body part involved in the exposure incident; (vi) 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 (vii) Any suggestions by the injured employee as to whether or how protective mechanisms or work practice control could be utilized to prevent such injuries; (3) A provision for maintaining a list of existing needleless systems and needles and sharps with engineered injury protections. The director shall make the list available to assist employers in complying with the requirements of the standards adopted in accordance with this article; and (4) Any additional provisions consistent with the purposes of this article, including, but not limited to, training and educational requirements, measures to increase vaccinations, strategic placement of sharps containers as close to the work area as is practical and increased use of protective equipment.
§16-36-3. Needlestick injury prevention advisory committee.(a) There is established a needlestick injury prevention advisory committee to advise the director in the development of rules required under this article. (b) The committee shall meet at least four times a year for the initial two years after the effective date of this article and on the call of the director thereafter. The director shall serve as the chair and shall appoint thirteen members, one representing each of the following groups: (1) A representative of the health insurance industry; (2) The executive director of the workers' compensation commission, or his or her designee; (3) Five nurses who work primarily providing direct patient care in a hospital or nursing home, at least one of which is employed in a state-operated facility; (4) A phlebotomist employed in a hospital or nursing home; (5) Two administrators of different hospitals operating within the state; (6) A director of nursing employed in a nursing home within the state; (7) A licensed physician practicing in the state; and (8) An administrator of a nursing home operating within the state. (c) Members of the committee serve without compensation. Each member shall be reimbursed for actual and necessary expenses incurred for each day or portion thereof engaged in the discharge of official duties, in a manner consistent with guidelines of the travel management office of the Department of Administration. (d) A majority of all members constitutes a quorum for the transaction of all business. Members serve for two-year terms and may not serve for more than two consecutive terms.
§16-36-4. Exception.Until July 1, 2005, drugs and biologics regulated by the food and drug administration whose packaging, on the effective date of this article, includes needles and syringes, are considered to meet any standards promulgated under this article.
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