W. Va. Code R. § 67-1-2

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 67-1-2 - Definitions

2.1. "Data and information" means a collection of numbers, characters, images, or other outputs from devices to convert physical quantities into symbols or images. Data includes, but is not limited to, numbers, words, and images. Data is typically further processed by a human or entered into a computer (input), stored and processed there, or transmitted (output) to another human, computer, or other system to create information.

2.2. "Data Request" means an inquiry from a participant for data or information collected by, housed, or maintained within the ODCP that requires compilation or aggregation by the ODCP staff.

2.3. "Department" means the West Virginia Department of Health and Human Resources and its successor departments.

2.4. "Director" means the Director of the Office of Drug Control Policy.

2.5. "Disclosure" means the release, transfer, provision, access to, or divulging in any other manner of information outside the ODCP.

2.6. "Drug" means:

2.6.1. Substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them;

2.6.2. Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals;

2.6.3. Substances (other than food) intended to affect the structure or any function of the body of man or animals; and

2.6.4. Substances intended for use as components of any article specified in subdivisions a, b, or c, of this subsection. It does not include devices or their components, parts, or accessories.

2.7. "Emergency response provider" means any authority, person, corporation, partnership or other entity, public or private, that owns or operates a licensed emergency medical services agency providing emergency medical service in this state.

2.8. "Health care provider" means a person, partnership, corporation, licensed, certified, or authorized by law and as determined by the State Health Officer to provide professional health care service in this state to an individual during this individual's medical, remedial, or behavioral health care, treatment or confinement.

2.9. "Information technology platform" means secure file transfer protocol and business intelligence tools including, but not limited to, the National Emergency Medical Services Information System (NEMSIS); Washington/Baltimore High Intensity Drug Trafficking Overdose Detection Mapping Application Program; Emergency Department Information Exchange (Edie); West Virginia Health Information Network (WVHIN); West Virginia Overdose Reporting System; and West Virginia Prehospital Information System (PreMIS).

2.10. "Law enforcement agency" means any duly authorized state, county, or municipal organization employing one or more persons whose responsibility is the enforcement of laws of the state or any county or municipality. "Law enforcement agency" does not include the Public Service Commission, nor any resort area district.

2.11. "Mandatory reporter" means a health care provider, medical examiner, law enforcement agency, emergency response provider, and hospital emergency rooms.

2.12. "Medical Examiner" means an individual appointed pursuant to W. Va. Code §§ 61-12-1et seq. to perform death investigations and to establish the cause and manner of death. The term "medical examiner" includes any person designated by the medical examiner to perform any duties required by W. Va. Code §§ 16-19-1et seq.

2.13. "ODCP" means the Office of Drug Control Policy within the department.

2.14. "Opioid antagonist" means a federal Food and Drug Administration-approved drug for the treatment of an opiate-related overdose, such as naloxone hydrochloride or other substance that, when administered, negates or neutralizes, in whole or in part, the pharmacological effects of an opioid in the body.

2.15. "Opioid" means any substance, as the parent compound or a metabolite, whose primary mechanism of action is via attachment to opioid receptors in the brain and whose opioid receptor activity is reversed by an opioid antagonist.

2.16. "Overdose" means an acute condition, including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, or death believed to be caused by abuse and misuse of prescription or illicit drugs or by substances that a layperson would reasonably believe to be a drug.

2.17. "Overdose information" means data and information collected, maintained, or used by participants related to overdoses.

2.18. "Participants" means the Office of Drug Control Policy, the Department of Health and Human Resources, its successors, and its bureaus, the Department of Military Affairs and Public Safety, the Department of Administration, the Administrator of Courts, the Poison Control Center, the Board of Pharmacy, law enforcement, local health departments, and emergency medical service agencies in each county.

2.19. "Personally identifiable information" or "PII" means all information that identifies, or can be used to identify, locate, contact, or impersonate a particular individual. PII also includes protected health information (PHI) as that term is defined in subsection 2.20. PII is contained in public and non-public records. Examples may include, but are not limited to, a specific individual's first name (or initial) and last name (current or former); geographical address; electronic address (including an e-mail address); personal cellular phone number; telephone number or fax number dedicated to contacting the individual at his or her physical place of residence; social security account number; biometric identifiers, including but not limited to, fingerprints, palm prints, facial recognition, full-face image and iris scans; driver identification number; birth date; birth, adoption, or death certificate numbers; physical description; genetic information; medical, disability, or employment records, including salary information; and criminal records and history. When connected with one or more of the items of information specified above, PII includes any other information concerning an individual that, if disclosed, identifies or can be used to identify a specific individual physically or electronically.

2.20. "Protected health information" or "PHI" is a subset of PII and means, with regard to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) covered entities (see 45 C.F.R. § 106.103), individually identifiable health information, including demographic information, whether oral or recorded in any form or medium that relates to an individual's health, health care services and supplies, or payment for services or supplies, and which identifies the individual or could reasonably be used to identify the individual. This includes information that relates to the past, present, or future physical or mental health condition of an individual; the provision of health care to an individual including, but not limited to, preventive, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, as well as counseling, service, assessment, or procedure with respect to the physical or mental condition, or functional status of an individual or that affects the structure or function of the body, such that the health information is linked to the individual.

2.21. "Reportable information" means the following information related to a mandatory reporter's response to an overdose:

2.21.1. Date and time of the response;

2.21.2. The approximate address of where the person was picked up or where the overdose took place;

2.21.3. Gender of person suffering from an overdose;

2.21.4. Estimated or actual age of a person suffering from an overdose;

2.21.5. Drug suspected of causing the overdose;

2.21.6. Whether the individual has a history of a prior overdose;

2.21.7. Whether an opioid antagonist was administered;

2.21.8. If an opioid antagonist was administered, the following information:

2.21.8.a. The doses of opioid antagonist administered;

2.21.8.b. Whether the method of administration was auto injector or nasal spray;

2.21.8.c. The response to the opioid antagonist; and

2.21.8.d. Disposition, including whether the person who was administered the opioid antagonist stayed in the same location; jail; emergency medical services transport; absconded; or death; and

2.21.9. Other data as the director may prescribe.

2.22. "System" means software, portal, platform, or other electronic medium controlled or utilized by the ODCP through which or by which participants exchange data and information under this rule. For purposes of this definition, it does not matter whether the ODCP controls or utilizes the software, portal, platform, or other medium through ownership, lease, license, or otherwise.

2.23. "West Virginia Overdose Reporting Program" means the process by which a mandatory reporter may transmit the reportable information to the ODCP via secure file transfer protocol server.

W. Va. Code R. § 67-1-2