West Virginia Code § 16-40-2

Expansion and implementation of statewide birth defects information
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system.
(a) The commissioner shall establish and implement a statewide birth defects information
system for the collection of information concerning congenital anomalies, stillbirths and
abnormal conditions of newborns.
(b) The commissioner may require each physician, nurse-midwife, hospital and freestanding
birthing center to report to the system information concerning all patients under six years of
age with a primary diagnosis of a congenital anomaly or abnormal condition: Provided, That
the commissioner may not require the reporting of personal idenutifying information or enter
into the system any personal identifying information regarding congenital anomalies or
abnormal conditions of a child whose parent or legal guardiatn objects on the basis of
religious belief. The commissioner may not require a hospital, freestanding birthing center,
nurse-midwife or physician to report to the system any information that is required to be
reported to the commissioner or the Bureau for Public Health under another provision of this
code.
(c) On request, each physician, nurse-midwife, hospital and freestanding birthing center
shall give the commissioner or authorized employees of the bureau access to the medical
records of any patient described in sgubsection (b) of this section. The bureau shall pay the
costs of copying any medical records pursuant to this section.
(d) A physician, nurse-midwife, hospital or freestanding birthing center that provides
information to the system under subsection (b) of this section is not subject to criminal or
civil liability for providing the information.

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