2020 West Virginia Code
Chapter 16. Public Health
Article 5T. Office of Drug Control Policy
§16-5T-4. Entities Required to Report; Required Information
(a) To fulfill the purposes of this article, the following information shall be reported, within 72 hours after the provider responds to the incident and via an appropriate information technology platform, to the Office of Drug Control Policy:
(1) The date and time of the overdose;
(2) The approximate address of where the person was picked up or where the overdose took place;
(3) Whether an opioid antagonist was administered;
(4) Whether the overdose was fatal or nonfatal;
(5) The gender and approximate age of the person receiving attention or treatment; and
(6) The suspected controlled substance involved in the overdose.
(b) The following entities shall be required to report information contained in §16-5T-4(a) of this code:
(1) Health care providers;
(2) Medical examiners;
(3) Law-enforcement agencies, including, state, county, and local police departments;
(4) Emergency response providers; and
(5) Hospital emergency rooms.
(c) The data collected by the office pursuant to this subsection shall be made available to law enforcement, local health departments, and emergency medical service agencies in each county.
(d) Entities who are required to report information to or from the office pursuant to this section in good faith are not subject to civil or criminal liability for making the report.
(e) For the purposes of this section:
"Information technology platform" means the Washington/Baltimore High Intensity Drug Trafficking Overdose Detection Mapping Application Program or other program identified by the department in rule.
"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.
"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.
