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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 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 36 - NEEDLESTICK INJURY PREVENTION 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 3B. PERTUSSIS.§16-3B-1. Definitions.(a) "Health care provider" means any licensed health care professional, organization or institution, whether public or private, under whose authority pertussis vaccine is administered. (b) "Major adverse reaction" means any serious illness, disability or impairment of mental, emotional, behavioral or physical functioning or development, the first manifestation of which appears within four weeks after the date of administration of pertussis vaccine and for which there is reasonable scientific or medical evidence that pertussis vaccine causes, or significantly contributed to, such effect. (c) "Any other adverse reaction" means any reaction which the department, after consultation with the medical and pharmacy faculties of West Virginia's teaching hospitals, determines by guideline is a basis for not continuing with pertussis vaccine administration. (d) "Pertussis vaccine" means any vaccine that contains materials intended to prevent the occurrence of pertussis, whether or not the materials are administered separately or in conjunction with other materials intended to prevent the occurrence of other diseases.
§16-3B-2. Information supplied to individuals' parents prior to administration of pertussis vaccine.(a) Prior to the administration of pertussis vaccine, the health care provider shall provide to the individual's parent or guardian written information satisfying the requirements of this section, and by appropriate inquiries attempt to elicit the information necessary to make the determinations required by this section: (1) The frequency, severity and potential long-term effects of pertussis; (2) Possible adverse reactions to pertussis vaccine which, if they occur, should be brought to the immediate attention of the health care provider; (3) A form listing symptoms to be monitored and containing places where information can be recorded to assist in reporting to the health care provider, health officer and the department; (4) Measures parents should take to reduce the risk of, or to respond to, any adverse reaction; (5) Early warning signs or symptoms to which parents should be alert as possible precursors to an adverse reaction; (6) When and to whom parents should report any adverse reaction; and (7) The information required under section four of this article.
§16-3B-3. Recordation of pertussis vaccine administration.(a) At the time of administration of pertussis vaccine to an individual, the health care provider shall record in a permanent record to which the patient or the patient's parent or guardian shall have access on request: (1) The date of each vaccination; (2) The manufacturer and lot number of the vaccine used for each; (3) Any other identifying information on the vaccine used; and (4) The name and title of the health care provider. (b) Within twenty-four hours after an adverse reaction is recognized by any health care provider who has administered pertussis vaccine to an individual and has reason to believe that the individual has had a major adverse reaction to the vaccine, such health care provider shall: (1) Record all relevant information in the individual's permanent medical record; and (2) Report the information including the manufacturer's name and lot number to the county health officer who shall immediately forward the information to the department. On receipt of the information, the department shall immediately notify the vaccine manufacturer, and the United States centers for disease control.
§16-3B-4. Data collection on pertussis vaccine administration.(a) By guideline, the department shall establish a system, sufficient for the purposes of subsections (b) and (c) of this section, to collect data from the local health officers, from public and private health care providers and from parents on the incidence of pertussis and major adverse reactions to pertussis vaccine. (b) On the basis of information collected under this subsection and of other information available, the department shall periodically revise and update the information required by and the guidelines adopted under section two of this article. (c)(1) The department shall report to the United States centers for disease control all information collected under this section, including that received under section three of this article. (2) The department shall report annually to the Legislature on the incidence of pertussis and of adverse reactions to pertussis vaccine.
§16-3B-5. Public hearings.(a) The department shall adopt guidelines, after notice and public hearing in accordance with the administrative procedures act, chapter twenty-nine-a of this code, setting forth: (1) The circumstances under which pertussis vaccine should not be administered; (2) The circumstances under which administration of the vaccine should be delayed; (3) Any categories of potential recipients who are significantly more vulnerable to major adverse reactions than is the general population; and (4) Procedures to notify all health care providers of the content of the final guidelines and all updates issued thereafter. (b) The administration of pertussis vaccine to an individual may not be required by any provision of law if, in the judgment of the health care provider: (1) The circumstances specified under this section are present; or (2) Taking into account the information specified under this section as well as all other relevant information, the risk to the potential recipient outweighs the benefits both to the potential recipient and to the public in administering the vaccine. (c) Nothing in this section shall be construed to affect any emergency authority of the director of health under any other provision of law to protect the public health.
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