5911973 Health, Department of - Notice of Final Rulemaking - Hospital Testing for Synthetic Cannabinoids

DEPARTMENT OF HEALTH

 

NOTICE OF FINAL RULEMAKING

 

The Director of the Department of Health (“DOH”), pursuant to the authority set forth in Section 5(a) of the Health-Care and Community Residence Facility, Hospice and Home Care Licensure Act of 1983 (“Act”), effective February 24, 1984 (D.C. Law 5-48; D.C. Official Code § 44-504(a) (2012 Repl. & 2015 Supp.)), and in accordance with Mayor's Order 98-137, dated August 20, 1998, hereby gives notice of the adoption of a final rulemaking that adds a new Section 2039 to Chapter 20 (Hospitals) of Title 22 (Health), Subtitle B (Public Health and Medicine), of the District of Columbia Municipal Regulations (“DCMR”).

 

The rulemaking (1) requires hospitals to collect urine samples from patients who present and have symptoms consistent with having taken a synthetic cannabinoid; (2) recommends that hospitals collect blood samples from patients who present and have symptoms consistent with having taken a synthetic cannabinoid; (3) requires that the urine and blood samples be stored in accordance with protocols provided by the Department of Health; and, (4) requires that the hospitals turn over the urine and blood samples for testing by the Office of the Chief Medical Examiner.

 

No comments were received after the Notice of Emergency and Proposed Rulemaking was published in the D.C. Register on August 7, 2015 at 62 DCR 10747 and after the Notice of Second Emergency and Proposed Rulemaking was published in the D.C. Register on December 4, 2015 at 62 DCR 15715.  A Notice of Emergency Rulemaking was published in the D.C. Register on February 26, 2016 at 63 DCR 2259. No substantive changes have been made to the Notice of Final Rulemaking.

 

The Notice of Second Emergency and Proposed Rulemaking was submitted to the Council of the District of  Columbia on November 24, 2015 under Proposed Resolution 21-0448 (Testing for Synthetic Cannabinoid Surveillance Regulation Approval Resolution of 2015), and was deemed approved on February 17, 2016. 

 

The rules were adopted as final on February 24, 2016 and will become effective upon publication in the D.C. Register.

 

Chapter 20, HOSPITALS, of Title 22-B DCMR, PUBLIC HEALTH AND MEDICINE, is amended by adding the following new Section 2039 as follows:

 

2039                TESTING FOR SYNTHETIC CANNABINOID SURVEILLANCE

 

2039.1             When a patient presents to a hospital with a reported or witnessed use of a synthetic cannabinoid and with signs and symptoms of overdose for which the treating clinician would otherwise order a standard urine drug screen, the hospital shall require the treating clinician to order a urine sample to be taken from the patient at or near the time of arrival at the emergency room.

 

2039.2             When a patient presents to a hospital with a reported or witnessed use of a synthetic cannabinoid and with signs and symptoms of overdose for which the treating clinician would otherwise order a standard urine drug screen, the hospital may require the treating clinician to order a blood sample taken from the patient at or near the time of arrival at the emergency room.

 

2039.3             The hospital shall label each urine sample or blood sample collected pursuant to Subsection 2039.1 or 2039.2 with the following patient identifying information:

 

                        (a)        Name;

 

                        (b)        Date of birth;

 

                        (c)        Observed race and gender;

 

                        (d)       Hospital name or hospital number; and

 

                        (e)        Medical record number.

 

2039.4             The hospital shall complete a Public Health Sample Submission Form created by the Office of the Chief Medical Officer for each urine sample or blood sample collected pursuant to Subsection 2039.1 or 2039.2.

 

2039.5             The hospital shall keep the Public Health Sample Submission Form with the urine sample or blood sample collected pursuant to Subsection 2039.1 or 2039.2. 

 

2039.6             The hospital shall store each urine sample or blood sample arising from Subsection 2039.1 or 2039.2 according to protocols provided to the hospitals by the Department.

 

2093.7             The hospital shall make each urine sample or blood sample collected pursuant to Subsection 2039.1 or 2039.2 available for pickup by an employee or authorized agent of the District who presents proper credentials or authorization from an appropriate District of Columbia official.

 

2039.8             The hospital providing the patient’s urine sample or blood sample arising from Subsection 2039.1 or 2039.2 shall have no responsibility for testing the sample or for advising the patient of the results of the test of the sample that was provided to the District.

 

2039.9             The hospital providing the patient’s urine sample or blood sample may request from the District the test results for a patient treated by the hospital.

 

2039.10           Nothing in this rule restricts the ability of the hospital to conduct other testing on the patient. 

 

2039.11           These rules will expire on March 31, 2016.