W. Va. Code R. § 64-76-8 - Procedure When Patient Is a Health Menace to Others
8.1. A health care provider shall consider a
patient non-adherent if the patient is unable or unwilling to report for
medical examinations or is unable or unwilling to adhere to prescribed
treatment, such as refusing to take medications or showing other evidence of
not taking medications as prescribed, e.g., failure to
cooperate with DOT , an incorrect pill count, or a urine test showing no
evidence of drug metabolites.
8.2.
Any health care provider who is aware of a non-adherent tuberculosis patient
shall contact the local health officer for necessary interventions. The local
health officer:
8.2.a. Shall meet with the
patient to determine why the patient is non-adherent to therapy;
8.2.b. May request an opportunity to examine
the non-adherent patient;
8.2.c.
May offer the non-adherent patient a course of treatment;
8.2.d. May prescribe DOT for the non-adherent
patient; and
8.2.e. May institute
proceedings for involuntary commitment or emergency involuntary commitment of
the non-adherent patient, if, in the judgment of the health officer, the
measures are necessary to protect the public health and safety.
8.3. A patient with tuberculosis
will be isolated while he or she is in a communicable stage. The patient will
be restricted to his or her isolation room or primary residence until he or she
is no longer infectious. The health care provider shall advise
immunocompromised individuals and guardians of children of the need for them to
be removed from the household, if the patient stays there while
infectious.
8.4. Patients unable to
adhere to therapy or isolate themselves from others, may voluntarily admit
themselves to an institution equipped for the care and treatment of
tuberculosis. The local health department shall assist with the admission by
following protocols available at Division.
8.5. A patient who has tuberculosis
demonstrated by clinical, bacteriological, radiographic or epidemiological
evidence will be considered a health menace and considered for commitment to an
institution equipped for the care and treatment of tuberculosis if the patient:
8.5.a. Had previous treatment for
tuberculosis but failed to complete therapy for reasons unrelated to access to
treatment or medication;
8.5.b.
Failed to adhere to present prescribed therapy;
8.5.c. Risks infecting others because of
inadequate environmental conditions for proper isolation ;
8.5.d. Has laboratory tests or a history of
nonadherence to anti-tuberculosis medication which indicate possible infection
with drug-resistant mycobacterium tuberculosis; or
8.5.e. Has an initial infection with
multidrug resistant TB (MDRTB) or extensively drug resistant TB
(XDRTB).
8.6. When the
local health officer determines that commitment is necessary to protect the
health of the public, the local health officer, through the prosecuting
attorney, shall petition the circuit court in the county where the patient is a
resident for a hearing before the circuit judge to obtain an order to commit
the patient to an institution equipped for the care and treatment of persons
with tuberculosis. The local health officer shall personally serve notice upon
the patient seven days prior to the date of the scheduled hearing.
8.7. The patient has a right to be present at
the hearing and has the right to present evidence, confront witnesses and
evidence against him or her, and examine testimony offered. The patient should
wear a surgical mask or cover their mouth with tissue to contain possible cough
secretions and reduce the risk of transmitting the disease.
8.8. The hearing should be conducted in a
well-ventilated room.
8.9. If
probable cause is found, the patient will be immediately committed to an
institution equipped and maintained for the care and treatment of patients
afflicted with tuberculosis.
8.10.
If the patient being committed has a history of alcohol or other drug abuse, he
or she will be committed to an institution equipped for the care and treatment
of emotional health for assessment and if needed for complete detoxification,
prior to commitment to an institution equipped for the care and treatment of
tuberculosis.
8.11. A patient with
confirmed or suspected active tuberculosis should be transported with a
surgical mask covering his or her nose and mouth. The windows of the vehicle
should be kept open and the heating and air-conditioning system should be set
on a non-recirculating cycle. Because engineering controls cannot be ensured,
personnel transporting the patient should wear respiratory protection meeting
current United States Centers for Disease Control and Prevention
guidelines.
8.12. Every patient
committed to an institution shall observe all the rules of the institution . The
patient may be placed apart from others and restrained from leaving the
institution as long as he or she continues to be afflicted with tuberculosis
and remains a health menace .
8.13.
Nothing in this rule may be construed to prohibit any patient committed to any
institution from applying to the West Virginia Supreme Court of Appeals for a
review of the evidence on which the commitment was made. Nothing in this rule
may be construed or operate to empower or authorize the Bureau , the Department
or an authorized designee thereof or the chief medical officer of the
institution, or their representatives, to restrict in any manner the
individual's right to select any method of tuberculosis treatment offered by
the institution.
Notes
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No prior version found.