20080514-IR-410060425FRA Adds 410 IAC 1-2.3-37.5 to define pandemic influenza activity. Amends 410 IAC 1-2.3-47 to require the reporting of influenza associated human deaths to the department. Effective 30 days after filing ...  

  • TITLE 410 INDIANA STATE DEPARTMENT OF HEALTH

    Final Rule
    LSA Document #06-425(F)

    DIGEST

    Adds 410 IAC 1-2.3-37.5 to define pandemic influenza activity. Amends 410 IAC 1-2.3-47 to require the reporting of influenza associated human deaths to the department. Effective 30 days after filing with the Publisher.



    SECTION 1. 410 IAC 1-2.3-37.5 IS ADDED TO READ AS FOLLOWS:

    410 IAC 1-2.3-37.5 "Pandemic influenza activity" defined

    Authority: IC 16-41-2-1


    Sec. 37.5. "Pandemic influenza activity" means influenza infection caused by a novel influenza virus for humans, which is efficiently transmitted from person to person, and that results in moderate or severe illness.
    (Indiana State Department of Health; 410 IAC 1-2.3-37.5; filed Apr 16, 2008, 2:21 p.m.: 20080514-IR-410060425FRA)


    SECTION 2. 410 IAC 1-2.3-47 IS AMENDED TO READ AS FOLLOWS:

    410 IAC 1-2.3-47 Reporting requirements for physicians and hospital administrators

    Authority: IC 16-41-2-1


    Sec. 47. (a) It shall be the duty of each:
    (1) physician licensed under IC 25-22.5; and
    (2) administrator of a hospital licensed under IC 16-21, or the administrator's representative;
    to report all cases and suspected cases of the diseases listed in subsection (d). Reporting of specimen results by a laboratory to health officials does not nullify the physician's or administrator's obligations to report said case.

    (b) The report required by subsection (a) shall be made to the local health officer in whose jurisdiction the patient was examined at the time the diagnosis was made or suspected. If the patient is a resident of a different jurisdiction, the local health jurisdiction receiving the report shall forward the report to the local health jurisdiction where the patient resides. If a person who is required to report is unable to make a report to the local health officer within the time mandated by this rule, a report shall be made directly to the department within the time mandated by this rule.

    (c) Any reports of diseases required by subsection (a) shall include the following:
    (1) The patient's:
    (A) full name;
    (B) street address;
    (C) city;
    (D) zip code;
    (E) county of residence;
    (F) telephone number;
    (G) age or date of birth;
    (H) sex; and
    (I) race and ethnicity, if available.
    (2) Date of onset.
    (3) Diagnosis.
    (4) Definitive diagnostic test results, for example:
    (A) culture;
    (B) IgM;
    (C) serology; or
    (D) Western Blot.
    (5) The name, address, and telephone number of the attending physician.
    (6) Other epidemiologically necessary information requested by the local health officer or the commissioner.
    (7) Persons who are tested anonymously at a counseling and testing site cannot be reported using personal identifiers; rather, they are to be reported using a numeric identifier code. The following shall also be reported:
    (A) Age.
    (B) Race.
    (C) Sex.
    (D) Risk factors.
    (E) County of residence.
    (8) The name, address, and telephone number of the person completing report.

    (d) The dangerous communicable diseases and conditions described in this subsection shall be reported within the time specified. Diseases or conditions that are to be reported immediately to the local health officer shall be reported by telephone or other instantaneous means of communication on first knowledge or suspicion of the diagnosis. Diseases that are to be reported within seventy-two (72) hours shall be reported to the local health officer within seventy-two (72) hours of first knowledge or suspicion of the diagnosis by telephone, electronic data transfer, other confidential means of communication, or official report forms furnished by the department. During evening, weekend, and holiday hours, those required to report should report diseases required to be immediately reported to the after-hours duty officer at the local health department. If unable to contact the after-hours duty officer locally, or one has not been designated locally, those required to report shall file their reports with the after-hours duty officer at the department at (317) 233-1325 or (317) 233-8115.
    DANGEROUS COMMUNICABLE DISEASES AND CONDITIONS 
    Disease  When to Report  Disease Intervention 
        Methods 
      (from probable diagnosis)  (section in this rule) 
    Acquired immunodeficiency syndrome  See HIV Infection/Disease  Sec. 76 
    Animal bites  Within 24 hours  Sec. 52 
    Anthrax  Immediately  Sec. 53 
    Babesiosis  Within 72 hours  Sec. 54 
    Botulism  Immediately  Sec. 55 
    Brucellosis  Within 72 hours  Sec. 56 
    Campylobacteriosis  Within 72 hours  Sec. 57 
    Chancroid  Within 72 hours  Sec. 58 
    Chlamydia trachomatis, genital infection  Within 72 hours  Sec. 59 
    Cholera  Immediately  Sec. 60 
    Cryptosporidiosis  Within 72 hours  Sec. 61 
    Cyclospora  Within 72 hours  Sec. 62 
    Diphtheria  Immediately  Sec. 63 
    Ehrlichiosis  Within 72 hours  Sec. 64 
    Encephalitis, arboviral, Calif, EEE, WEE, SLE, West Nile  Immediately  Sec. 65 
    Escherichia coli, infection (including E. coli 0157:H7 and other enterohemorrhagic types)  Immediately  Sec. 66 
    Gonorrhea  Within 72 hours  Sec. 67 
    Granuloma inguinale  Within 72 hours  Sec. 68 
    Haemophilus influenzae invasive disease  Immediately  Sec. 69 
    Hansen's disease (leprosy)  Within 72 hours  Sec. 70 
    Hantavirus pulmonary syndrome  Immediately  Sec. 71 
    Hemolytic uremic syndrome, postdiarrheal  Immediately  Sec. 66 
    Hepatitis, viral, Type A  Immediately  Sec. 72 
    Hepatitis, viral, Type B  Within 72 hours  Sec. 73 
    Hepatitis, viral, Type B, pregnant woman (acute and chronic), or perinatally exposed infant  Immediately (when discovered at or close to time of birth)  Sec. 73 
    Hepatitis, viral, Type C (acute)  Within 72 hours  Sec. 74 
    Hepatitis, viral, Type Delta  Within 72 hours  Sec. 73 
    Hepatitis, viral, unspecified  Within 72 hours   
    Histoplasmosis  Within 72 hours  Sec. 75 
    HIV infection/disease  Within 72 hours  Sec. 76 
    HIV infection/disease, pregnant woman, or perinatally exposed infant  Immediately (when discovered at or close to time of birth)  Sec. 76 
    Influenza  See subsection (f)   
    Legionellosis  Within 72 hours  Sec. 77 
    Leptospirosis  Within 72 hours  Sec. 78 
    Listeriosis  Within 72 hours  Sec. 79 
    Lyme disease  Within 72 hours  Sec. 80 
    Lymphogranuloma venereum  Within 72 hours  Sec. 81 
    Malaria  Within 72 hours  Sec. 82 
    Measles (rubeola)  Immediately  Sec. 83 
    Meningitis, aseptic  Within 72 hours  Sec. 84 
    Meningococcal disease, invasive  Immediately  Sec. 85 
    Mumps  Within 72 hours  Sec. 86 
    Pertussis  Immediately  Sec. 88 
    Plague  Immediately  Sec. 89 
    Poliomyelitis  Immediately  Sec. 90 
    Psittacosis  Within 72 hours  Sec. 91 
    Q Fever  Immediately  Sec. 92 
    Rabies in humans or animals (confirmed and suspect animal with human exposure)  Immediately  Sec. 93 
    Rabies, postexposure treatment  Within 72 hours  Secs. 93 and 52 
    Rocky Mountain spotted fever  Within 72 hours  Sec. 94 
    Rubella (German measles)  Immediately  Sec. 95 
    Rubella congenital syndrome  Immediately  Sec. 95 
    Salmonellosis, other than typhoid fever  Within 72 hours  Sec. 96 
    Shigellosis  Immediately  Sec. 97 
    Smallpox (variola infection)  Immediately  Sec. 97.5 
    Adverse events or complications due to smallpox vaccination (vaccinia virus infection) or secondary transmission to others after vaccination. This includes accidental implantation at sites other than the vaccination site, secondary bacterial infections at vaccination site, vaccinia keratitis, eczema vaccinatum, generalized vaccinia, congenital vaccinia, progressive vaccinia, vaccinia encephalitis, death due to vaccinia complications, and other complications requiring significant medical intervention.  Immediately  Sec. 97.5 
    Staphylococcus aureus, Vancomycin resistance level of MIC > 8 μg/mL  Immediately  Sec. 98 
    Streptococcus pneumoniae, invasive disease, and antimicrobial resistance pattern  Within 72 hours  Sec. 99 
    Streptococcus, Group A, invasive disease  Within 72 hours  Sec. 100 
    Streptococcus, Group B, invasive disease  Within 72 hours  Sec. 101 
    Syphilis  Within 72 hours  Sec. 102 
    Tetanus  Within 72 hours  Sec. 103 
    Toxic shock syndrome (streptococcal or staphylococcal)  Within 72 hours  Sec. 104 
    Trichinosis  Within 72 hours  Sec. 105 
    Tuberculosis, cases and suspects  Within 72 hours  Sec. 106 
    Tularemia  Immediately  Sec. 107 
    Typhoid fever, cases and carriers  Immediately  Sec. 108 
    Typhus, endemic (flea borne)  Within 72 hours  Sec. 109 
    Varicella, resulting in hospitalization or death  Within 72 hours  Sec. 110 
    Yellow fever  Within 72 hours  Sec. 111 
    Yersiniosis  Within 72 hours  Sec. 112  

    (e) Reporting of HIV infection/disease shall include classification as defined in the CDC Morbidity and Mortality Weekly Report, Volume 41, No. RR-17, 1993 Revised Classification System for HIV Infection and Expanded Surveillance Case Definition for AIDS among Adolescents and Adults. Reporting of HIV infection/disease in children less than thirteen (13) years of age shall include classification as defined in the CDC Morbidity and Mortality Weekly Report, Volume 43, No. RR-12, 1994 Revised Classification System for Human Immunodeficiency Virus Infection in Children Less Than 13 Years of Age. Supplemental reports shall be provided by the physician when an individual's classification changes. The CD4+ T-lymphocyte count and percentage or viral load count, or both, shall be included with both initial and supplemental reports.

    (f) Influenza shall be reported within seventy-two (72) hours of either of the following occurrences:
    (1) A human death in which an influenza diagnosis has been detected in the deceased by:
    (A) commercial rapid antigen testing;
    (B) viral culture;
    (C) direct fluorescent antibody (DFA);
    (D) indirect fluorescent antibody (IFA);
    (E) enzyme immunoassay;
    (F) reverse transcriptase-polymerase chain reaction (RT-PCR); or
    (G) immunohistochemistry (IHC).
    (2) A human death in which a strong probability of influenza has been detected in the deceased based on clinically compatible symptoms under any of the following circumstances:
    (A) An influenza pandemic has been declared by the World Health Organization (WHO).
    (B) Known pandemic influenza activity is occurring in the United States as determined by the Centers for Disease Control and Prevention (CDC).
    (C) Known pandemic influenza activity is occurring in the local community as determined by the commissioner.

    (f) (g) The department, under the authority of IC 4-22-2-37.1, may adopt emergency rules to include mandatory reporting of emerging infectious diseases. Reports shall include the information specified in subsection (c).

    (g) (h) Outbreaks of any of the following shall be reported immediately upon suspicion:
    (1) Any disease required to be reported under this section.
    (2) Diarrhea of the newborn (in hospitals or other institutions).
    (3) Foodborne or waterborne diseases in addition to those specified by name in this rule.
    (4) Streptococcal illnesses.
    (5) Conjunctivitis.
    (6) Impetigo.
    (7) Nosocomial disease within hospitals and health care facilities.
    (8) Influenza-like illness.
    (9) Unusual occurrence of disease.
    (10) Any disease, that is:
    (A) anthrax;
    (B) plague;
    (C) tularemia;
    (D) Brucella species;
    (E) smallpox; or
    (F) botulinum toxin;
    or chemical illness that is considered a bioterrorism threat, importation, or laboratory release.

    (h) (i) Failure to report constitutes a Class A infraction as specified by IC 16-41-2-8.
    (Indiana State Department of Health; 410 IAC 1-2.3-47; filed Sep 11, 2000, 1:36 p.m.: 24 IR 339; filed Oct 23, 2003, 4:10 p.m.: 27 IR 865; readopted filed Nov 8, 2006, 1:53 p.m.: 20061122-IR-410060424RFA; filed Jan 2, 2007, 2:49 p.m.: 20070131-IR-410050189FRA; filed Apr 16, 2008, 2:21 p.m.: 20080514-IR-410060425FRA)


    LSA Document #06-425(F)
    Notice of Intent: 20061004-IR-410060425NIA
    Proposed Rule: 20071114-IR-410060425PRA
    Hearing Held: February 4, 2008
    Approved by Attorney General: April 7, 2008
    Approved by Governor: April 16, 2008
    Filed with Publisher: April 16, 2008, 2:21 p.m.
    Documents Incorporated by Reference: None Received by Publisher
    Small Business Regulatory Coordinator: Robert Teclaw, Indiana State Department of Health, 2 North Meridian Street, 5K, Indianapolis, Indiana 46204, (317) 233-7807, rteclaw@isdh.in.gov

    Posted: 05/14/2008 by Legislative Services Agency

    DIN: 20080514-IR-410060425FRA
    Composed: Nov 01,2016 12:24:24AM EDT
    A PDF version of this document.

Document Information

Rules:
410IAC1-2.3-37.5
410IAC1-2.3-47