Sec. 126-51-4 - Definitions

§ 126-51-4. Definitions

4.1. ACIP is defined as the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention in the U.S. Department of Health and Human Services, which is the principal agency in the United States government for protecting the health and safety of all Americans and for providing essential human services, especially for those people who are least able to help themselves. CDC remains at the forefront of public health efforts to prevent and control infectious and chronic diseases, injuries, workplace hazards, disabilities and environmental health threats.

4.2. Airborne Pathogens are defined as the transmission of infectious agents through either airborne droplet nuclei (small-particle residue [five flim or smaller in size] of evaporated droplets that may remain suspended in the air for long periods of time) or dust particles containing infectious agents. These pathogens include but are not limited to tuberculosis (TB), rubella (measles) and varicella (chickenpox).

4.3. Airborne Precautions are not normally utilized in the school setting. It is defined as the isolation of an airborne pathogen to reduce the risk of airborne transmission of infectious agents. Airborne precautions entail wearing a respiratory protection mask (N95 respirator) when entering the room of a student receiving home/hospital instruction with known or suspected disease transmitted via airborne droplet nuclei, student placement in private hospital room with negative air pressure and placing a mask on the student for hospital transporting.

4.4. American Academy of Pediatrics also known as the AAP, is defined as a national organization of pediatricians, founded in 1930, committed to the attainment of optimal physical, mental, and social health and well-being for all infants, children, adolescents, and young adults.

4.5. Blood Borne Pathogens means pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, human immunodeficiency virus (HIV), acquired immunodeficiency syndrome (AIDS), hepatitis B virus (HBV) and hepatitis C virus (HCV).

4.6. Bureau is defined as the Bureau for Public Health in the West Virginia Department of Health and Human Resources and is the state agency responsible for establishing vaccine requirements for students and best practices for health and wellness.

4.7. Casual Contact means day-to-day interaction between individuals and others in the home, at school or in the work place. It does not include intimate contact, such as sexual or drug use interactions, and it implies closer contact than chance passing in the hallway or sharing a lunch table.

4.8. Centers for Disease Control and Prevention also known as CDC, is defined as one of the eleven major operating divisions of the United States Department of Health and Human Services, which is the principal agency in the United States government for protecting the health and safety of all Americans and for providing essential human services, especially for those people who are least able to help themselves. CDC remains at the forefront of public health efforts to prevent and control infectious and chronic diseases, injuries, workplace hazards, disabilities and environmental health threats.

4.9. Commissioner is defined as the Bureau official who serves as State Health Officer as defined in W. Va. Code § 16-1-2, or his or her designee.

4.10. Communicable Disease means a disease that may be transmitted directly or indirectly from one individual to another.

4.11. Direct Contact means a disease that is spread through the exposure of blood and/or body fluids to mucus membranes, open skin wounds, semen or intravenous transfusion. HIV/AIDS is spread by direct blood transmission into the blood stream of another and by semen or vaginal fluid contact. Hepatitis A can be spread by direct or indirect contact with feces while Hepatitis B and C can be spread by direct contact with semen and blood. These diseases do not pose a risk in school if body fluids such as blood and feces are handled using standard/universal precautions.

4.12. Droplet Contact means contact of the conjunctivae or the mucous membranes of the nose or mouth of a susceptible person with large-particle droplets (larger than five flim in size) containing microorganisms generated from a person who has a clinical disease or who is a carrier of the microorganism. Droplets are generated from the source person primarily during coughing, sneezing, or talking and during the performance of certain procedures such as suctioning. Transmission via large-particle droplets requires close contact between source and recipient persons, because droplets do not remain suspended in the air and generally travel only short distances, usually three feet or less, through the air. These pathogens include, but are not limited to, bacterial infections, such as Pertussis (whooping cough), streptococcal (group A) pharyngitis, pneumonia or scarlet fever, Diphtheria (pharyngeal), Haemophilus influenzae type and Neisseria meningitis disease, including meningitis, pneumonia and sepsis. Serious viral infections spread by droplet contact include but are not limited to adenovirus, influenza (flu), mumps and rubella (German measles).

4.13. Droplet Precautions is defined as droplet pathogen isolation utilized around individuals known or suspected to be infected with microorganisms transmitted by droplets (large-particle droplets [larger than five flim in size] that can be generated by the person during coughing, sneezing, talking, or the performance of procedures). Droplet precautions entail being in the a private environment, like the student's home, wearing a mask while within three feet of the individual infected and utilizing standard/universal precautions. Because droplets do not remain suspended in the air, special air handling and ventilation are not required to prevent droplet transmission. Masks may be worn to protect the health of a student who is immunocompromised.

4.14. Health Check is the name for West Virginia's Early and Periodic Screening, Diagnosis and Treatment (EPSDT) Program. The EPSDT Program is a child preventive health component of Medicaid for children under 21 years of age. An annual comprehensive exam is recommended for all children ages 3-20 and more frequently if less than three. Health Check meets the requirements for vision, hearing, developmental, including speech and language, and oral health or other comprehensive health screening comparable to the Health Check protocol. The Health Check screening form is the preferred documentation method of licensed health care providers to record screenings but forms and electronic documentation may vary.

4.15. Health or Safety Emergency Situation is determined on a case-by-case basis, and is defined as a specific situation that presents imminent danger or threat to students or other members of the community, or requires an immediate need for information in order to avert or diffuse serious threats to the safety or health of a student or other individuals. Any release of confidential medical information must be narrowly tailored considering the immediacy and magnitude of the emergency and must be made only to parties who can address the specific emergency in question. This exception is temporally limited to the period of the emergency and generally does not allow a blanket release of personally identifiable information from a student's education records to comply with general requirements under state law. Certainly an outbreak of diseases, but not limited to, chickenpox, whooping cough, herpes gladiatorum and flu, that not only pose threat of permanent disability or death for the individual, but have historically presented themselves as epidemic in nature. Thus, disclosure of personally identifiable information from students' education records to state health officials for an outbreak of a communicable disease is permitted under health or safety emergency provisions of the Family Educational Rights and Privacy Act of 1988 (FERPA) and FERPA: Final Regulations Part II, 34 CFR Part 99.

4.16. Immunocompromised is defined as reduced immune response due to immunosuppressive drugs, radiation, disease or malnutrition.

4.17. Legitimate Educational Reason is defined as school officials who have been determined to have genuine concern related to the student's educational achievement and performance allowing access and review pertinent educational records including medical and health information. A record of disclosure must be maintained and include:

1) the parties who have requested the information from the education records, and

2) the legitimate interests the parties had in requesting or obtaining the information.

4.18. Occupational Safety and Health Administration (OSHA) is defined as a division of the United States Department of Labor that provides standards and guidelines for the health and safety of America's workers by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual improvement in workplace safety and health.

4.19. Oral Health Examination (referred to as an evaluation and coded to three main types Periodic, Comprehensive or Limited) means an evaluation performed on a student to determine the oral health of a student, the collection and recording of specific data intraoral and extra-oral hard and soft tissues, for diagnosis and treatment planning. This may include diagnostic services and must be completed by a dentist.

4.20. School Nurse is defined as a registered professional nurse, licensed by the West Virginia Board of Examiners for Registered Professional Nurses (W. Va. Code § 30-7-1, et seq.), who has completed a West Virginia Department of Education (WVDE) approved program as defined in 126 CSR 114, West Virginia Board of Education (WVBE) Policy 5100, Approval of Educational Personnel Preparation Programs and meets the requirements for certification contained in 126 CSR 136, WVBE Policy 5202, Minimum Requirements for the Licensure of Professional/Paraprofessional Personnel and Advanced Salary Classification. The school nurse must be employed by the county board of education or as specified in W. Va. Code § 18-5-22.

4.21. Standard/Universal Precautions is a body substance isolation approach to infection control. Standard Universal Precautions apply to 1) blood; 2) all body fluids, secretions, and excretions, except sweat, regardless of whether or not they contain visible blood; 3) non-intact skin; and 4) mucous membranes. According to the concept of standard/universal precautions, all human blood and all other human body fluids are treated as if known to be infectious for HIV, HBV, and other blood borne pathogens. There are three types of transmission: contact, airborne and droplet.

4.22. West Virginia Department of Health and Human Resources (WVDHHR) is the lead public health agency in West Virginia working to help shape the environments within which people and communities can be safe and healthy.

4.23. West Virginia Statewide Immunization Information System (WVSIIS) is a statewide electronic data system for reporting and tracking administrations of vaccines for use by health care practitioners. This system was created to consolidate individuals' immunization records, forecast recommended vaccinations, generate reminder notices due to overdue immunizations, identify improper vaccine administrations, conduct inventory management and systematic accountability, and provide general immunization practice management functions. Health care providers are required to report all administrations of vaccines as defined in W. Va. Code § 16-3-4 and Bureau Rules, 64CSR7 and 64CSR95.

The following state regulations pages link to this page.