Senate Bill No. 156
(By Senators Foster and White)
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[Introduced January 13, 2010; referred to the Committee on Health
and Human Resources; and then to the Committee on Finance.]
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A BILL to amend and reenact §16-1-6 of the Code of West Virginia,
1931, as amended; and to amend and reenact §22-1-3 of said
code, all relating to requiring the Commissioner of the Bureau
for Public Health to conduct a public health impact statement
assessing the health impact of any new, or modification to,
air or water rule proposed by the Secretary of the Department
of Environmental Protection; and requiring the Secretary of
the Department of Environmental Protection to incorporate
findings of the impact statement into the proposed rule.
Be it enacted by the Legislature of West Virginia:
That §16-1-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §22-1-3 of said code be amended
and reenacted, all to read as follows:
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 1. STATE PUBLIC HEALTH SYSTEM.
§16-1-6. Powers and duties of the commissioner.
The commissioner is the chief executive, administrative and
fiscal officer of the Bureau for Public Health and has the
following powers and duties:
(a) To supervise and direct the fiscal and administrative
matters of the bureau, and in that regard and in accordance with
law, employ, fix the compensation of and discharge all persons
necessary for the proper execution of the public health laws of
this state and the efficient and proper discharge of the duties
imposed upon, and execution of powers vested in the commissioner by
law and as directed by the secretary;
(b) To enforce all laws of this state concerning public
health; to that end, the commissioner shall make, or cause to be
made, investigations and inquiries respecting the cause of disease,
especially of epidemics and endemic conditions, and the means of
prevention, suppression or control of those conditions; the source
of sickness and mortality, and the effects of environment,
employment, habits and circumstances of life on the public health.
The commissioner shall further make, or cause to be made,
inspections and examinations of food, drink and drugs offered for
sale or public consumption in the manner the commissioner considers
necessary to protect the public health and shall report all
violations of laws and rules relating to the law to the prosecuting
attorney of the county in which the violations occur;
© To make complaint or cause proceedings to be instituted
against any person, corporation or other entity for the violation
of any public health law before any court or agency, without being
required to give security for costs; the action may be taken
without the sanction of the prosecuting attorney of the county in
which the proceedings are instituted or to which the proceedings
relate;
(d) To promote the provision of essential public health
services to citizens of this state;
(e) To monitor the administration, operation and coordination
of the local boards of health and local health officers;
(f) To develop and maintain a state plan of operation that
sets forth the needs of the state in the areas of public health;
goals and objectives for meeting those needs; methods for achieving
the stated goals and objectives; and needed personnel, funds and
authority for achieving the goals and objectives;
(g) To collect data as may be required to foster knowledge on
the citizenry's health status, the health system and costs of
health care;
(h) To delegate to any appointee, assistant or employee any
and all powers and duties vested in the commissioner, including,
but not
limited to, the power to execute contracts and agreements
in the name of the bureau:
Provided, That the commissioner is
responsible for the acts of his or her appointees, assistants and employees;
(i) To transfer at the direction of the secretary,
notwithstanding other provisions of this code, any patient or
resident between hospitals and facilities under the control of the
commissioner and, by agreement with the
state Commissioner of
Corrections and otherwise in accord with law, accept a transfer of
a resident of a facility under the jurisdiction of the
state
Commissioner of Corrections;
(j) To make periodic reports to the Governor and to the
Legislature relative to specific subject areas of public health,
the state facilities under the supervision of the commissioner, or
other matters affecting the public health of the people of the
state, at the direction of the secretary;
(k) At the direction of the secretary, to accept and use for
the benefit of the health of the people of this state, any gift or
devise of any property or thing which is lawfully given:
Provided,
That if any gift is for a specific purpose or for a particular
state hospital or facility it shall be used as specified. Any
profit which may arise from any gift or devise of any property or
thing shall be deposited in a special revenue fund with the State
Treasurer and shall be used only as specified by the donor or
donors;
(l) To acquire by condemnation or otherwise any interest,
right, privilege, land or improvement and hold title to the land or improvement, for the use or benefit of the state or a state
hospital or facility, and, by and with the consent of the Governor,
and at the direction of the secretary, to sell, exchange or
otherwise convey any interest, right, privilege, land or
improvement acquired or held by the state, state hospital or state
facility and deposit the proceeds from the sale, exchange or other
conveyance into the hospital services revenue account. Any
condemnation proceedings shall be conducted pursuant to chapter
fifty-four of this code;
(m) To inspect and enforce rules to control the sanitary
conditions of and license all institutions and health care
facilities as set forth in this chapter, including, but not limited
to, schools, whether public or private, public conveyances,
dairies, slaughterhouses, workshops, factories, labor camps, places
of entertainment, hotels, motels, tourist camps, all other places
open to the general public and inviting public patronage or public
assembly, or tendering to the public any item for human consumption
and places where trades or industries are conducted;
(n) To make inspections, conduct hearings, and to enforce the
legislative rules concerning occupational and industrial health
hazards, the sanitary condition of streams, sources of water
supply, sewerage facilities, and plumbing systems, and the
qualifications of personnel connected with the supplies, facilities
or systems without regard to whether they are publicly or privately owned; and to make inspections, conduct hearings and enforce the
legislative rules concerning the design of chlorination and
filtration facilities and swimming pools;
(o) To provide in accordance with this subdivision and the
definitions and other provisions of article one-a, chapter twenty-
seven of this code, and as directed by the secretary, for a
comprehensive program for the care, treatment and rehabilitation of
alcoholics and drug abusers; for research into the cause and
prevention of alcoholism and drug abuse; for the training and
employment of personnel to provide the requisite rehabilitation of
alcoholics and drug abusers; and for the education of the public
concerning alcoholism and drug abuse;
(p) To provide in accordance with this subdivision for a
program for the care, treatment and rehabilitation of the parents
of sudden infant death syndrome victims; for the training and
employment of personnel to provide the requisite rehabilitation of
parents of sudden infant death syndrome victims; for the education
of the public concerning sudden infant death syndrome; for the
responsibility of reporting to the Legislature on a quarterly basis
the incidence of sudden infant death syndrome cases occurring in
West Virginia; for the education of police, employees and
volunteers of all emergency services concerning sudden infant death
syndrome; for the state sudden infant death syndrome advisory
council to develop regional family support groups to provide peer support to families of sudden infant death syndrome victims; and
for requesting appropriation of funds in both federal and state
budgets to fund the sudden infant death syndrome program;
(q) To establish and maintain a state hygienic laboratory as
an aid in performing the duties imposed upon the commissioner, and
to employ chemists, bacteriologists and other employees that may be
necessary to properly operate the laboratory. The commissioner may
establish branches of the state laboratory at any points within the
state that are necessary in the interest of the public health;
® To establish and fund a uniform health professionals data
system to collect and maintain uniform data on all health
professionals in the state. This data shall include, but is not be
limited to, the following information about each health
professional: His or her name, profession, the area of the state
where he or she is practicing, his or her educational background,
his or her employer's name, and number of years practicing within
the profession. The boards provided
for in articles three, four,
four-a, five, seven, seven-a, fourteen, fourteen-a, fifteen,
sixteen, twenty, twenty-one, twenty-three, twenty-eight, thirty-
one, thirty-two, thirty-four, thirty-five, thirty-six and thirty-
seven, chapter thirty of this code shall annually collect the data
on health professionals under their jurisdiction in the format
prescribed by the commissioner. Each board shall pay to the bureau
annually, an amount determined by the commissioner to be a pro rata portion, for anticipated expenses to establish and operate the
uniform health professionals data system required by this section.
The commissioner may standardize data collection methods if
necessary to implement the provisions of this section. The
commissioner shall publish annually and make available, upon
request, a report setting forth the data which was collected the
previous year; areas of the state which the collected data
indicates have a shortage of health professionals; and projections,
based upon the collected data, as to the need for more health
professionals in certain areas;
(s) To expend, for the purpose of performing the public health
duties imposed on the bureau, or authorized by law, any sums
appropriated by the Legislature. The commissioner may make advance
payments to public and nonprofit health services providers when the
commissioner determines it is necessary for the initiation or
continuation of public health services. The advance payments,
being in derogation of the principle of payment only after receipt
of goods or services, shall be authorized only after serious
consideration by the commissioner of the necessity of the advance
payments and shall be for a period no greater than 90 days in
advance of rendition of service or receipt of goods and
continuation of health services;
and
(t) To prepare and submit a public health impact statement
assessing the health impact of any new air or water rule, or modification of an existing air or water rule, proposed by the
Secretary of the Department of Environmental Protection to insure
that no air or water rule is promulgated without substantiating
independent medical or scientific evidence that there is no
detrimental public health impact from the rule; and
(t) (u) To exercise all other powers delegated to the
commissioner by the secretary or by this chapter or otherwise in
this code, to enforce all health laws, and to pursue all other
activities necessary and incident to the authority and area of
concern entrusted to the bureau or the commissioner.
CHAPTER 22. ENVIRONMENTAL RESOURCES.
ARTICLE 1. DIVISION OF ENVIRONMENTAL PROTECTION.
§22-1-3. Rule making generally; relationship to federal programs.
(a) The
director secretary has the power and authority to
propose legislative rules for promulgation in accordance with the
provisions of article three, chapter twenty-nine-a of this code to
carry out and implement the provisions of this chapter and to carry
out and implement any other provision of law relating to offices or
functions of the
division department.
(b) The requirements and limitations set forth in this section
apply to any rule-making authority granted pursuant to this chapter
or chapters twenty-two-b and twenty-two-c of this code.
© Prior to the proposal of any new rule, the
director
secretary shall consult with the
Division of Environmental Protection Advisory Council and after
such the consultation, the
director secretary may determine that
such a the rule should be the
same in substance as a counterpart federal regulation. If the
director secretary determines that the rule should be the same in
substance as a counterpart regulation, then to the greatest degree
practicable,
such the proposed rule shall incorporate by reference
the counterpart federal regulation. The
director secretary shall
file, contemporaneously with the proposed rule, a statement setting
forth whether the rule is the same in substance as a counterpart
federal regulation. If the director determines that the rule
should not be the same in substance as a counterpart federal
regulation, then the director shall file contemporaneously with the
proposed rule, a statement setting forth the differences between
the proposed rule and the counterpart federal regulation. In
addition, the director shall file a statement setting forth the
results of the consultation with the advisory council.
(d) Whenever any existing rule is modified, amended or
replaced, the provisions of subsection © of this section apply to
the proposal of any such modification, amendment or replacement
rule.
(e) Notwithstanding the provisions of article three, chapter
twenty-nine-a of this code, at least one public hearing shall be
held by the
division department in conjunction with each rule
making prior to the expiration of the public comment period for the proposed rules.
(f) Notwithstanding any provision of this chapter to the
contrary, the Commissioner of the Bureau for Public Health shall
prepare and submit a public health impact statement pursuant to
section six, article one, chapter sixteen of this code assessing
the health impact of any new air or water rule, or modification of
an existing air or water rule, proposed by the secretary, and the
secretary shall incorporate and implement any findings from the
impact statement into the proposed rule.
NOTE: The purpose of this bill is to require the Commissioner
of Bureau for Public Health to conduct a public health impact
statement assessing the health impact of any new air or water rule,
or modification of an existing air or water rule, proposed by the
Department of Environmental Protection to insure that no air or
water rule is promulgated without substantiating independent
medical or scientific evidence that there is no detrimental public
health impact from the rule. The bill also requires that the
findings in the impact statement be incorporated into the proposed
rule.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.