Bill-Health, EMS
H. B. 2342
(By Delegates Douglas, Hunt, Compton, Faircloth, Linch
and Riggs)
[Introduced March 3, 1997; referred to the Committee on
Government Organization then the Judiciary.]
A BILL to amend and reenact section one, article five,
chapter sixty-four of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating
to authorizing the division of health to promulgate a
legislative rule relating to emergency medical
services.
Be it enacted by the Legislature of West Virginia:
That section one, article five, chapter sixty-four of
the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted, to read
as follows:
ARTICLE 5. AUTHORIZATION FOR DEPARTMENT OF HEALTH AND
HUMAN RESOURCES TO PROMULGATE LEGISLATIVE RULES.
§64-5-1. State board of health; division of health.
(a) The legislative rules rule filed in the state
register on the thirty-first day of July, one thousand nine
hundred ninety-five, authorized under the authority of
section two-a, article five-a, chapter sixteen of this
code, relating to the division of health (cancer registry,
64 CSR 68), are is authorized.
(b) The legislative rules rule filed in the state
register on the thirty-first day of July, one thousand nine
hundred ninety-five, authorized under the authority of
section seven, article one, chapter sixteen of this code,
modified by the division of health to meet the objections
of the legislative rule-making review committee and refiled
in the state register on the sixth day of December, one
thousand nine hundred ninety-five, relating to the division
of health (standards for local boards of health, 64 CSR
73), are is authorized.
(c) The legislative rules rule filed in the state
register on the fourth day of August, one thousand nine
hundred ninety-five, authorized under the authority of
section eight, article three-c, chapter sixteen of this
code, modified by the division of health to meet the
objections of the legislative rule-making review committee and refiled in the state register on the twenty-third day
of January, one thousand nine hundred ninety-six, relating
to the division of health (AIDS-related medical testing and
confidentiality, 64 CSR 64), are is authorized.
(d) The legislative rules rule filed in the state
register on the fourth day of January, one thousand nine
hundred ninety-six, authorized under the authority of
section five, article five-c, chapter sixteen of this code,
modified by the division of health to meet the objections
of the legislative rule-making review committee and refiled
in the state register on the twenty-third day of January,
one thousand nine hundred ninety-six, relating to the
division of health (personal care home licensure, 64 CSR
14), are is authorized with the amendments set forth below:
"On page nine, section 4.3.1.d, after the word
'provisions' by inserting the words 'in policy';
On page nine, section 4.3.1.d, by striking out the
following: 'The provisions may be in the form of a bond, a
property lien, or other form of guaranty acceptable to the
secretary. The guaranty shall be in the amount of three
hundred dollars ($300) per resident or ten thousand dollars
($10,000), whichever is greater.' and inserting in lieu
thereof the following: 'If the owner does not provide continuing care to all residents during this thirty (30)
day period, any expenses incurred by the Department to
provide continuing resident care (i.e., food, staff, etc.)
during this thirty (30) day period, is the responsibility
of the owner.';
On page seventeen, section 4.10.4, by striking out the
word 'State' and inserting in lieu thereof the word
'Secretary';
On page seventeen, section 4.10.4, after the words
'for each of the residents' by inserting the words
'affected by the waiver request,';
On page twenty-four, section 5.8.2, after the words
'an additional' by striking out the words 'direct care' and
inserting in lieu thereof the words 'personal care';
On page twenty-four, section 5.8.2, after the word
'day' by striking out the words 'and evening shifts' and
inserting in lieu thereof the word 'shift';
On page twenty-four in section 5.8.2, after the words
'to have' by striking out the words 'no more than';
On page twenty-four in section 5.8.2, after the words
'two (2)' by inserting the words 'or more';
On page twenty-four, line sixty-seven, by striking out
the words 'no more than';
On page twenty-four, section 5.8.2, after
'residents.' by inserting the following sentence: 'At a
minimum, an additional personal care staff will be
available on the evening shift for each fifteen (15)
residents identified on their functional needs assessment
to have no more than two (2) or more of the above care
needs.';
On page twenty-four, section 5.8.2, after the words
'An additional' by striking out the word 'employee' and
inserting in lieu thereof the words 'personal care staff';
On page twenty-four, section 5.8.2, after the word
'with' by striking out the words 'one (1)' and inserting in
lieu thereof the words 'two (2)';
On page twenty-seven, section 6.1.7, after the words
'valid for' by striking out the words 'six (6) months' and
inserting in lieu thereof the words 'one (1) year';
On page thirty-five, section 7.3.9, after the words
'personal care home' by striking out the words 'in need of
nursing services as specified in this rule' and inserting
the following: 'The frequency with which a registered
professional nurse shall provide services to the personal
care home not providing limited and intermittent nursing
services shall be based upon the needs of the residents, but not less than weekly.';
On page thirty-five, subsection 7.3.9, after the word
'Section' by striking out the number '13' and inserting in
lieu thereof the number '12';
On page thirty-five, section 7.3.9, after the words
'professional registered nurse.' by striking out the
following: 'The frequency with which a registered
professional nurse shall provide services to the personal
care home not providing limited and intermittent nursing
services shall be based upon the needs of the residents.'
On page fifty-four, section 11.3.1, by striking out
the sentence 'Existing and newly constructed buildings to
be offered, maintained, and operated as personal care homes
shall provide for accessibility in their entirety to
individuals with a physical disability.' and inserting in
lieu thereof the sentence 'Those personal care homes
housing any resident with a physical disability shall
provide access to areas used in common by all residents as
well as to the resident's personal area.';
On page fifty-five, section 11.3.8, in the second
sentence, after the word 'widths' by inserting the words
'for new construction';
On page fifty-five, section 11.3.10, after the words 'shall have a' by striking out the word 'central';
On page fifty-five, section 11.3.10, after the word
'weather' by striking out the following: 'Individual room
units known as 'through the wall heating and cooling units'
are acceptable.';
On page fifty-five, section 11.3.17, after the word
'residents.' by adding the following: 'However, if
existing facilities cannot comply with the janitor closet
requirement on each floor, the facility must demonstrate a
sanitary means of disposal of wastewater in an area that is
not a resident sleeping area.';
On page fifty-seven, section 11.4.10, at the beginning
of the first sentence, by striking out the word 'The' and
inserting in lieu thereof the words 'In new facilities
the';
On page fifty-seven, section 11.4.10, after the word
'area.' at the end of subsection ten by adding the
following sentence: 'In existing facilities residents'
rooms shall have an outside exposure through a vertical
transparent window. In existing facilities rooms extending
below ground level shall be allowed only if approved by the
Secretary.';
On page fifty-eight, section 11.5.2, after the word 'every' by striking out the words 'four (4)' and inserting
in lieu thereof the words 'five (5)';
On page fifty-eight, section 11.5.3, after the word
'per' by striking out the words 'five (5)' and inserting in
lieu thereof the words 'ten (10)';
On page fifty-eight, section 11.5.3, after the word
'residents.' by striking out the following sentence: 'If
the facility can show a process that functions well for
residents, upon application, the secretary will grant a
waiver of this requirement.'
On page sixty-one, section 11.13.3.a, at the beginning
of the first sentence, by striking out the word 'Outlets'
and inserting in lieu thereof the words 'In new facilities
electrical outlets';
On page sixty-one, section 11.13.3.a, after the word
'walls;' by inserting a period and the words 'In existing
facilities electrical outlets to meet the needs of the
residents shall be provided;';
On page sixty-six, section 12.2.5.a, after the word
'services' by striking out the words 'through daily contact
with the home and visits to the residents at least eight
(8) hours a week'; and inserting in lieu thereof the words
'to residents';
On page sixty-six, by striking out section 12.2.5.d;
And,
By relettering the remaining subdivisions."
(e) The legislative rule filed in the state register
on the thirtieth day of August, one thousand nine hundred
ninety-six, authorized under the authority of section
twenty-three, article four-c, chapter sixteen, of this
code, modified by the division of health to meet the
objections of the legislative rule-making review committee
and refiled in the state register on the twenty-eighth day
of February, one thousand nine hundred ninety-seven,
relating to the division of health (emergency medical
services, 64 CSR 48), is authorized.
NOTE: The purpose of this bill is to authorize the
Division of Health to promulgate a legislative rule
relating to Emergency Medical Services.
Strike-throughs indicate language that would be
stricken from the present law, and underscoring indicates
new language that would be added.