Feedback requested: Amendments to Colorado Board of Health Rule 6 CCR 1009-5

 

Hello, The Colorado Department of Public Health and Environment (Department) has the legal authority, established in Colorado law, to adopt rules and establish standards to assure that hospitals, other acute care facilities, county, district, and municipal public health agencies, and trauma centers are prepared for an emergency epidemic, as defined in section 24-33.5-703 (4), C.R.S.    The existing rule (6 CCR 1009-5 Preparations For A Bioterrorist Event, Pandemic Influenza, Or An Outbreak By A Novel And Highly Fatal Infectious Agent Or Biological Toxin) requires that Local Public Health Agencies, General or Critical Access Hospitals, Rural Health Clinics, Federally Qualified Health Centers, and the Colorado Department of Public Health and Environment (the Department) maintain a plan for emergency preparedness and response planning purposes. It is required that these plans address the following:   Having sufficient supplies, training for staff using personal protective equipment (PPE), and a process for the provision of PPE to employees who are assigned to work in areas where they may be exposed to ill and contagious persons or to infectious agents and waste. PPE shall, at a minimum, be the equipment and supplies used to achieve standard precautions against bacterial and viral infections;   House Bill 22-1352 (HB 22-1352) was proposed and enacted due to challenges with accessing PPE during the COVID-19 pandemic. This legislation requires the Division of Homeland Security and Emergency Management in the Department of Public Safety (Division) to procure and maintain a stockpile of essential materials available for distribution after the governor has declared a disaster emergency.   In addition, this legislation specifies that the State Board of Health (BOH) may adopt rules or establish standards for the maintenance of an adequate stockpile of PPE for infection control and to assure staff proficiency in using PPE.   Thus, the Department is proposing changes to 6 CCR 1009-5 Preparations For A Bioterrorist Event, Pandemic Influenza, Or An Outbreak By A Novel And Highly Fatal Infectious Agent Or Biological Toxin to implement this legislation.     The Department is scheduled to go before the Board of Health Sept. 20, 2023, to request a rulemaking hearing during which the Board will consider proposed changes.      Proposed amendments to the rule include the addition of a new regulation that expands upon the existing planning requirement. The proposed new language establishes that hospitals, acute care facilities, county, district, and municipal public health agencies, and trauma centers must also:   Maintain an adequate stockpile of PPE for infection control, and ensure staff proficiency in using the PPE   Store PPE either: o On-site, or o At a regional location and submit to the Department a plan describing how they will be able to access and transport the stored PPE within 12 hours of the onset of any emergency epidemic.   Submit to the Department a plan describing how they will provide adequate training on the usage of PPE. Submit to the Department a plan describing how they will dispose of unused, expired PPE.   This is the rule language we intend to present to the Board of Health.     Submit your feedback using our online Google form. Feedback collected through this form or email is considered informal feedback intended to help formalize the draft rule language. It will not be shared with the Board of Health nor be included in the rulemaking record. The Department must receive your comments by Aug. 18, 2023, at 5 p.m.   Information about relevant Board of Health meetings, including the agenda, Zoom link, and directions for submitting written testimony, can be found on the Colorado Board of Health webpage. Email questions about the Board of Health meeting to cdphe.bohrequests@state.co.us.    If you have questions, want to update your information, or stop receiving these emails, email cdphe_dcphr_rulemaking@state.co.us.    Thank you for your time and consideration.