W. Va. Code R. § 64-7-3 - Selection, Categorization, and Required Reporting

Current through Register Vol. XXXVIII, No. 51, December 23, 2021

3.1. Selection and Categorization of Required Reportable Diseases and Conditions.

3.1.a. The Commissioner may, by order filed with the Secretary of State, add or delete a disease or condition in any category. The Commissioner shall select and categorize diseases and conditions for inclusion in this rule based on whether the disease or condition constitutes or has the potential to constitute a public health emergency, whether it requires public health follow up, or whether the collection of data or other information on the disease or condition can assist in either determining the need for or effectively implementing public health programs or other projects to protect and promote the health of the people of West Virginia.

3.1.b. In emergency situations, such as potential epidemics, mass exposures, or mass casualty events, the Commissioner may require same day reporting by all required reporters for selected diseases conditions or injuries by rapid written notification of:

3.1.b.1. local health departments;

3.1.b.2. health care facilities and health care providers;

3.1.b.3. animal health providers, if the disease is zoonotic;

3.1.b.4. laboratories;

3.1.b.5. schools, camps or vessels;

3.1.b.6. emergency shelters;

3.1.b.7. "911" operators and disaster response workers;

3.1.b.8. funeral directors; and

3.1.b.9. medical examiners or coroners.

3.1.c. The written notification shall list required diseases, injuries or conditions to be reported; case definitions to be used; the required time frame for reporting; information to be reported for each case or suspected case; and information on how reports should be made to local health departments or the Bureau. The Commissioner shall establish a time for the required reporting not to exceed the duration of the emergency. Disease and conditions under surveillance may include:

3.1.c.1. fatalities, including cause of death;

3.1.c.2. injuries;

3.1.c.3. exposures to chemicals, toxins or radiation; and

3.1.c.4. other diseases or conditions established by the order of the Commissioner.

3.2. Reporting of Diseases and Conditions.

3.2.a. The Commissioner shall establish specific protocols for reporting diseases and conditions. These may be found in the West Virginia Reportable Diseases Protocol Manual (available online at www.dide.wv.gov). The protocols shall include any information to be reported beyond that listed in this rule and any additional information necessary regarding reporting or appropriate public health management.

3.2.b. Facilities and providers shall report diseases and conditions to the local health department in the county of residence of the patient on forms provided in the West Virginia Reportable Disease Protocol Manual (available online at: www.dide.wv.gov).

3.2.c. Laboratories shall send a paper copy of the laboratory report to the local health department in the county where the patient resides. When electronic reporting to WVHIN or WVEDSS is validated by the bureau, the laboratory shall report laboratory data in real time by HL7 messaging. When reporting directly to WVEDSS, laboratories may use XML.

3.2.d. Local health departments shall report diseases and conditions to WVEDSS in a manner approved by the Commissioner.

3.3. Category I Reportable Diseases and Conditions.

3.3.a. Health care providers and health care facilities shall report cases of Category I diseases or conditions listed in this section by telephone to the localhealth department servingthe patient's county of residence immediately; and file a written report as required in the Reportable Disease Protocol Manual (available at: www.dide.wv.gov). Reports from health care providers and health care facilities shall include the patient's name, address, telephone number, date of birth, sex, race, ethnicity and the patient's physician's name, office address, office phone and fax numbers, and any other information requested by the Commissioner relevant to the purposes of this rule.

3.3.a.1. Laboratories shall report cases of Category I diseases or conditions listed in this section by telephone to the local health department serving the patient's county of residence immediately and follow up with a copy of the written laboratory report. When the laboratory is designated by the Commissioner to be a validated submitter to the WVHIN or WVEDSS, the laboratory may substitute real time electronic laboratory reporting using HL7 messaging for the required paper-based reporting. Reports from laboratories shall include the patient's name, address, telephone number, date of birth, sex, race, ethnicity; and the physician's name, office address, office phone and fax numbers; name of person or agency submitting the specimen for testing, specimen source, date of specimen collection, date of result, name of the test, test result, normal value or range; and name, address, phone and fax number of the laboratory. All local health departments shall report the case to the Bureau immediately upon receipt of the laboratory report by calling toll free 1 (800) 423-1271, extension 1, and by filing an electronic report in WVEDSS or as required by the Commissioner.

3.3.b. Category I.A diseases and conditions reportable immediately by health care providers and health care facilities are:

3.3.b.1. Anthrax;

3.3.b.2. Bioterrorist event, suspect or confirmed;

3.3.b.3. Botulism;

3.3.b.4. Foodborne outbreak, suspect or confirmed;

3.3.b.5. Intentional exposure to an infectious agent or biological toxin, suspect or confirmed;

3.3.b.6. Orthopox infection, including smallpox and monkeypox;

3.3.b.7. An outbreak or cluster of any illness or condition - suspect or confirmed;

3.3.b.8. Novel influenza infection, suspect or confirmed, animal or human;

3.3.b.9. Plague;

3.3.b.10. Rubella;

3.3.b.11. Rubella, congenital syndrome;

3.3.b.12. Rubeola (Measles);

3.3.b.13. SARS coronavirus infection, suspect or confirmed;

3.3.b.14. Smallpox;

3.3.b.15. Tularemia;

3.3.b.16. Viral hemorrhagic fevers, including filoviruses such as ebola and Marburg and arenaviruses such as lassa fever; and

3.3.b.17. Waterborne outbreak, suspect or confirmed.

3.3.c. Reports of Category I.A diseases and conditions shall first be reported by phone and also be submitted on standard reporting forms in accordance with the West Virginia Reportable Diseases Protocol Manual (available online at www.dide.wv,gov [File Link Not Available]).

3.3.d. Category I.B diseases and conditions reportable by laboratories are:

3.3.d.1. Bacillus anthracis;

3.3.d.2. Bioterrorist event, suspect or confirmed;

3.3.d.3. Clostridium botulinum, microbiologic or toxicologic evidence;

3.3.d.4. Foodborne outbreak, suspect or confirmed;

3.3.d.5. Francisella tularensis;

3.3.d.6. Intentional exposure to an infectious agent; suspect or confirmed;

3.3.d.7. Novel influenza infection, suspect or confirmed, animal or human;

3.3.d.8. Orthopox infection, virologic, electron microscopic or molecular evidence;

3.3.d.9. Outbreak or cluster of any illness or condition - suspect or confirmed;

3.3.d.10. Rubella, virologic or serologic evidence;

3.3.d.11. Rubeola (measles), virologic or serologic evidence;

3.3.d.12. SARS coronavirus infection, serologic evidence or PCR;

3.3.d.13. Smallpox, virologic or serologic evidence;

3.3.d.14. Viral hemorrhagic fever;

3.3.d.15. Waterborne outbreak, suspect or confirmed;

3.3.d.16.Yersinia pestis, microbiologic or serologic evidence; and

3.3.d.17. Any other laboratory evidence suggestive of current infection with any of the diseases or conditions listed in Category I.A.

3.3.e. After reporting by phone, laboratory reports of Category I.B. diseases and conditions shall be submitted to the local health department in accordance with the West Virginia Reportable Disease Protocol Manual (online at: www.dide.wv.gov). A laboratory designated by the Commissioner to be a validated submitter to the WVHIN or WVEDSS may substitute real time electronic laboratory reporting using HL7 messaging for the required paper-based reporting.

3.4. Category II Reportable Diseases and Conditions.

3.4.a. Health care providers and health care facilities shall report cases of Category II diseases or conditions listed in this section by telephone to the local health department serving the patient's county of residence within 24 hours of diagnosis, and follow up with a written report on standard reporting forms in accordance with the Reportable Disease Protocol Manual (available at: www.dide.wv.gov). Reports from providers shall include the patient's name, address, telephone number, date of birth, sex, race, ethnicity and the patient's physician's name, office address, office phone and fax numbers, and any other information requested by the Commissioner relevant to the purposes of this rule.

3.4.a.1. Laboratories shall report cases of Category II diseases or conditions listed in this section by telephone to the local health department serving the patient's county of residence within 24 hours of diagnosis, and follow up with a written copy of the laboratory report. A laboratory designated by the Commissioner to be a validated submitter to the WVHIN or WVEDSS may substitute real time electronic laboratory reporting using HL7 messaging for the required paper-based reporting Reports from laboratories shall include the patient's name, address, telephone number, date of birth, sex, race, ethnicity; and the physician's name, office address, office phone and fax numbers; name of person or agency submitting the specimen for testing, specimen source, date of specimen collection, date of result, name of the test, test result, normal value or range; and name, address, phone and fax number of the laboratory. All local health departments shall report the case to the Bureau within 24 hours of receipt of the report by filing an electronic report in WVEDSS or as required by the Commissioner.

3.4.b. Category II.A diseases and conditions reportable by health care providers and health care facilities are:

3.4.b.1. Animal bites;

3.4.b.2. Brucellosis;

3.4.b.3. Cholera;

3.4.b.4. Dengue fever;

3.4.b.5. Diphtheria;

3.4.b.6. Haemophilus influenzae, invasive disease;

3.4.b.7. Hemolytic uremic syndrome, postdiarrheal;

3.4.b.8. Hepatitis A, acute, including results of hepatitis serologies, transaminase levels and bilirubin;

3.4.b.9. Hepatitis B, acute, chronic or perinatal, including results of hepatitis A and B serologies, transaminase levels and bilirubin;

3.4.b.10. Hepatitis D including results of hepatitis A and B serologies, transaminase levels and bilirubin;

3.4.b.11. Meningococcal disease, invasive;

3.4.b.12. Mumps, acute infection;

3.4.b.13. Pertussis (whooping cough);

3.4.b.14. Poliomyelitis;

3.4.b.15. Q-fever (Coxiellaburnetii);

3.4.b.16. Rabies; human or animal;

3.4.b.17. Shiga toxin-producing Escherichia coli (STEC) including but not limited to E. Coli 0157:H7;

3.4.b.18.Staphylococcus aureus with glycopeptide-intermediate (GISA/VISA) or glycopeptide-resistant (GRSA/VRSA) susceptibilities, including results of susceptibility testing;

3.4.b.19. Tuberculosis all forms, including antibiotic susceptibility patterns;

3.4.b.20. Typhoid fever (Salmonellatyphi);

3.4.b.21.Yellow fever; and

3.4.b.22. Any other unusual condition or emerging infectious disease of potential public health importance;

3.4.c. Reports of Category II.A diseases and conditions shall be submitted on reporting forms as listed in the West Virginia Reportable Diseases Protocol Manual (available online at www.dide.wv.gov )

3.4.d. Category II.B diseases and conditions reportable by laboratories are:

3.4.d.1. Bordatella pertussis, microbiologic or molecular evidence;

3.4.d.2. Brucella, microbiologic or serologic evidence;

3.4.d.3. Corynebacterium diphtheriae, microbiologic or histopathologic evidence;

3.4.d.4. Coxiellaburnetii;

3.4.d.5. Dengue fever, serologic evidence;

3.4.d.6. Haemophilus influenzae from any normally sterile body site, including results of susceptibility testing;

3.4.d.7. Hepatitis A, positive IgM, including transaminase and bilirubin levels;

3.4.d.8. Hepatitis B, positive anti-HBc IgM or HBsAg, including hepatitis A serologies and transaminase and bilirubin levels;

3.4.d.9. Hepatitis D, positive serology, including hepatitis A and B serologies and transaminase and bilirubin levels;

3.4.d.10. Mumps, evidence of acute infection from any site;

3.4.d.11.Mycobacterium tuberculosis from any site (include drug susceptibility patterns);

3.4.d.12.Neisseria meningitidis from a normally sterile site;

3.4.d.13. Poliomyelitis, virologic or serologic evidence;

3.4.d.14. Rabies, animal or human;

3.4.d.15.Salmonella typhi from any site;

3.4.d.16. Shiga toxin-producing Escherichia coli (STEC) including but not limited to E. Coli 0157:H7;

3.4.d.17.Staphylococcus aureus with glycopeptide-intermediate (GISA/VISA) or glycopeptide-resistant (GRSA/VRSA) susceptibilities, including the results of susceptibility testing;

3.4.d.18.Vibrio cholerae, microbiologic or serologic evidence;

3.4.d.19. Yellow Fever, virologic or serologic evidence;

3.4.d.20. Any other unusual condition or emerging infectious disease of public health importance; and

3.4.d.21. Any other laboratory evidence suggestive of current infection with any of the diseases or conditions listed in Category IIA.

3.4.e. After reporting by phone, the laboratory shall report Category II.B diseases and conditions to the local health department in accordance with the Reportable Disease Protocol Manual (available at: www.dide.wv.gov). A laboratory designated by the Commissioner to be a validated submitter to the WVHIN or WVEDSS may substitute real time electronic laboratory reporting by HL7 messaging for the required paper-based reporting.

3.5. Category III Reportable Diseases and Conditions.

3.5.a. Health care providers and health care facilities shall report cases of Category III diseases and conditions to the local health department serving the patient's county of residence within seventy-two hours of diagnosis, on reporting forms as listed in the Reportable Disease Protocol Manual (available at: www.dide.wv.gov). Reports from health care providers and health care facilities shall include the patient's name, address, telephone number, date of birth, sex, race, ethnicity and the patient's physician's name, office address, and office phone and fax numbers, and any other information requested by the Commissioner relevant to the purposes of this rule.

3.5.a.1. Laboratories shall report cases to the local health department serving the patient's county of residence by submitting a copy of the laboratory report. A laboratory designated by the Commissioner to be a validated submitter to the WVHIN or WVEDSS may substitute real time electronic laboratory reporting by HL7 messaging for the required paper-based reporting. Reports from laboratories shall include the patient's name, address, telephone number, date of birth, sex, race, ethnicity; and the physician's name, office address, office phone and fax numbers; name of person or agency submitting the specimen for testing, specimen source, date of specimen collection, date of result, name of the test, test result, normal value or range; and name, address, phone and fax number of the laboratory. The local health department shall report the case to the Bureau within 72 hours of receiving the report by filing an electronic report with WVEDSS in accordance with guidance in the Reportable Disease Protocol Manual.

3.5.b. Category III.A diseases and conditions reportable by health care providers and health care facilities are:

3.5.b.1. Campylobacteriosis;

3.5.b.2. Cryptosporidiosis;

3.5.b.3. Cyclospora;

3.5.b.4. Giardiasis;

3.5.b.5. Listeria;

3.5.b.6. Salmonellosis (except Typhoid Fever), including results of susceptibility testing;

3.5.b.7. Shigellosis, including the results of susceptibility testing;

3.5.b.8. Trichinosis; and

3.5.b.9. Vibriosis.

3.5.c. Reports of Category III.A diseases and conditions are reported on reporting forms as listed in the West Virginia Reportable Diseases Protocol Manual (available online at www.dide.wv.gov).

3.5.d. Category III.B diseases and conditions reportable by laboratories are:

3.5.d.1. Campylobacter species;

3.5.d.2. Cryptosporidium;

3.5.d.3. Cyclospora;

3.5.d.4.Giardia lamblia, microscopic or immunodiagnostic evidence;

3.5.d.5.Listeria monocytogenes;

3.5.d.6.Salmonella (any species, excluding Salmonella typhi), including the results of susceptibility testing;

3.5.d.7.Shigella (any species), including the results of susceptibility testing;

3.5.d.8.Trichinella, demonstration of cysts or serologic evidence;

3.5.d.9. Non-cholera Vibrio species; and

3.5.d.10. Any other laboratory evidence suggestive of current infection with any of the diseases or conditions listed in Category III.A.

3.5.e. Laboratory reports of Category III.B. diseases and conditions shall be submitted to the local health department in accordance with the West Virginia Reportable Diseases Protocol Manual (available online at www.dide.wv.gov). A laboratory designated by the Commissioner to be a validated submitter to the WVHIN or WVEDSS may substitute real time electronic laboratory reporting by HL7 messaging for the required paper-based reporting.

3.6. Category IV Reportable Diseases and Conditions.

3.6.a. Health care providers and health care facilities shall report cases of Category IV diseases or conditions to the local health department serving the patient's county of residence within one week of diagnosis, by filing a written report with the local health department in the county of residence of the patient. Reports from health care providers and health care facilities shall include the patient's name, address, telephone number, date of birth, sex, race, ethnicity, the patient's physician's name, office address and office phone and fax, and any other information requested by the Commissioner relevant to the purposes of this rule.

3.6.a.1. Laboratories shall report to the local health department in the patient's county of residence through a written copy of the laboratory report. A laboratory designated by the Commissioner to be a validated submitter to the WVHIN or WVEDSS may substitute real time electronic laboratory reporting by HL7 messaging for the required paper-based reporting. Reports from laboratories shall include the patient's name, address, telephone number, date of birth, sex, race, ethnicity; and the physician's name, office address, office phone and fax numbers; name of person or agency submitting the specimen for testing, specimen source, date of specimen collection, date of result, name of the test, test result, normal value or range; and name, address, phone and fax number of the laboratory. The local health department shall file an electronic report with WVEDSS within one week of receiving the report from a provider, facility or laboratory.

3.6.b. Category IV.A diseases reportable by health care providers and health care facilities are:

3.6.b.1. Anaplasmosis;

3.6.b.2. Arboviral infection;

3.6.b.3. Babesiosis;

3.6.b.4. Chickenpox (numerical totals only);

3.6.b.5. Erlichiosis;

3.6.b.6. Hantavirus pulmonary syndrome;

3.6.b.7. Influenza-like illness (numerical totals only);

3.6.b.8. Influenza-related death in an individual less than 18 years of age;

3.6.b.9. Legionellosis;

3.6.b.10. Leptospirosis;

3.6.b.11. Lyme disease;

3.6.b.12. Malaria;

3.6.b.13. Psittacosis;

3.6.b.14. Rocky Mountain spotted fever;

3.6.b.15. Streptococcal disease, invasive Group B;

3.6.b.16. Streptococcal toxic shock syndrome;

3.6.b.17.Streptococcus pneumoniae, invasive disease, (include antibiotic susceptibility patterns);

3.6.b.18. Tetanus;

3.6.b.19. Toxic shock syndrome; and

3.6.b.20. Tuberculosis, latent infection (limited to individuals with a positive Mantoux tuberculin skin test conversion in the last two years or any positive Mantoux tuberculin skin test in a child less than five years of age).

3.6.c. Reports of Category IV.A diseases and conditions are reported on reporting forms as listed in the West Virginia Reportable Diseases Protocol Manual (available online at www.dide.wv.gov).

3.6.d. Category IV.B conditions reportable by laboratories are:

3.6.d.1. Anaplasmosis phagocytophilum, laboratory evidence;

3.6.d.2. Arboviral infection, virologic, serologic, or other evidence;

3.6.d.3. Babesia species, laboratory evidence;

3.6.d.4. Borrelia burgdorferi from culture, or diagnostic levels of IgG or IgM, (with Western blot confirmation);

3.6.d.5. Carbapenem-resistant Enterobacteriaceae (carbapenem-resistant Escherichia coli and Klebsiella pneumonia);

3.6.d.6.Ehrlichia species, serologic or other laboratory evidence;

3.6.d.7. Hantavirus infection, serologic, PCR, immunohistochemistry, or other evidence;

3.6.d.8. Legionella, bacteriologic or serologic evidence;

3.6.d.9. Leptospirosis, laboratory evidence;

3.6.d.10. Malaria organisms on smear of blood;

3.6.d.11. Psittacosis, microbiologic or serologic evidence;

3.6.d.12. Rocky Mountain spotted fever, serologic evidence;

3.6.d.13.Streptococcus, Group B, from a normally sterile site;

3.6.d.14.Streptococcus pneumoniae, from a normally sterile site (include antibiotic susceptibility patterns on all isolates); and

3.6.d.15. Any other laboratory evidence suggestive of current infection with any of the diseases or conditions listed in Category IV.A.

3.7. Category V Reportable Diseases and Conditions.

3.7.a. Health care providers and health care facilities shall report Category V diseases and conditions by filing a written report with the Bureau within one week of diagnosis unless otherwise indicated. Reports shall include the patient's name, address, telephone number, date of birth, sex, race, ethnicity, the patient's physician's name, office address, and office phone and fax, and any other information requested by the Commissioner relevant to the purposes of this rule.

3.7.a.1. Laboratories shall report Category V conditions through a written copy of the laboratory report. A laboratory designated by the Commissioner to be a validated submitter to WVHIN or WVEDSS may substitute real time electronic laboratory reporting using HL7 standards for the required paper-based reporting. Reports from laboratories shall include the patient's name, address, telephone number, date of birth, sex, race, ethnicity; the physician's name, office address, office phone and fax numbers; name of person or agency submitting the specimen for testing, specimen source, date of specimen collection, date of result, name of the test, test result, normal value or range; and name, address, phone and fax number of the laboratory. The Commissioner may request that local health departments complete an investigation of the disease or condition using WVEDSS.

3.7.b. Category V.A diseases and conditions reportable by health care providers and health care facilities are:

3.7.b.1. AIDS diagnosed from the presence of AIDS defining diseases or conditions (including previously reported HIV positive individuals), according to the time frame in the Bureau rule, "AIDS Related Medical Testing and Confidentiality", 64CSR64 **.

3.7.b.2. Autism spectrum disorder; reportable to researchers at Marshall University Autism Training Center at (800)-344-5115 or (304) 696-2332 or http://www.marshall.edu/wvasdr/

3.7.b.3. Birth defects, including Down's syndrome;

3.7.b.4. Cancer, including non-malignant intracranial and central nervous system tumors, in time frame noted in the Bureau rule, "Cancer Registry," 64CSR68;

3.7.b.5. Chancroid;**

3.7.b.6. Chlamydia;**

3.7.b.7. Gonococcal disease** -- conjunctivitis in the newborn or drug-resistant disease (within 24 hours);

3.7.b.8. Gonorrhea (all other sites);**

3.7.b.9. Hemophilia;

3.7.b.10. Hepatitis C, acute, including results of hepatitis A and B serologies and transaminase and bilirubin levels;

3.7.b.11. HIV (Human Immunodeficiency Virus) according to the time frame in the Bureau rule, "AIDS Related Medical Testing and Confidentiality", 64CSR64;**

3.7.b.12. Lead, all blood lead test results;

3.7.b.13. Pelvic inflammatory disease;**

3.7.b.14. Syphilis (late latent, late symptomatic, or neurosyphilis);**and

3.7.b.15. Syphilis** -- primary, secondary, early latent (less than one (1) year), or congenital (all within 24 hours).

3.7.c. Reports of Category V.A. diseases and conditions are submitted on forms as specified in the West Virginia Reportable Diseases Protocol Manual (available online at www.dide.wv.gov).

3.7.d. Category V.B. diseases and conditions reportable by laboratories are:

3.7.d.1. All CD4+ T-lymphocyte or percentages according to the time frame in the Bureau rule, "AIDS Related Medical Testing and Confidentiality", 64CSR64.

3.7.d.2. Chlamydia trachomatis by culture, antigen, DNA probe methods, or other positive laboratory evidence;*;

3.7.d.3. Down's Syndrome chromosomal anomaly;

3.7.d.4. Enterovirus (non-polio), culture confirmed, (numerical totals only, by serotype as available, and including echovirus, coxsackievirus, and parechovirus);

3.7.d.5. Haemophilus ducreyi;**

3.7.d.6. Hepatitis C, virologic or serologic evidence, including results of hepatitis A and B serologies and transaminase and bilirubin levels;

3.7.d.7. HIV (Human Immunodeficiency Virus) Type 1 or 2, confirmed antibody or virus detection test (serology, culture, antigen, PCR, DNA, RNA probe, etc.), according to the time frame in the Bureau rule, "AIDS Related Medical Testing and Confidentiality", 64CSR64;**

3.7.d.8. Influenza, confirmed by culture, PCR or immunofluorescence, (numerical totals only, by type of test performed, and by influenza type and subtype);

3.7.d.9. Lead, all blood lead test results;

3.7.d.10. Mycobacterium tuberculosis from any site** (include drug susceptibility patterns) (within 24 hours);

3.7.d.11. Neisseria gonorrheae (drug resistant) from any site** (within 24 hours);

3.7.d.12. Neisseria gonorrheae from female upper genital tract** (within 24 hours);

3.7.d.13. Neisseria gonorrheae from the eye of a newborn** (within 24 hours);

3.7.d.14. Neisseria gonorrheae**, culture or other positive laboratory evidence, (all other);

3.7.d.15. Syphilis**, serologic evidence;

3.7.d.16. Treponema pallidum, positive dark-field examination** (within 24 hours); and

3.7.d.17. Any other laboratory evidence suggestive of current infection with any of the diseases or conditions listed in Category V.A.

3.7.e. Reports of Category V diseases and conditions marked with two (2) asterisks (**) shall be made on the appropriate STD/HIV/AIDS and TB report forms provided by the Bureau, until such time as these diseases can be reported electronically using the WVEDSS.

Notes

W. Va. Code R. § 64-7-3