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SB175 SUB1 Senate Bill 175 History

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Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2019 regular session

Committee Substitute

for

Senate Bill 175

 Senator Maynard, original sponsor

[Originating in the Committee on the Judiciary; Reported on February 1, 2019]

 

 

A BILL to amend and reenact §64-5-1 and §64-5-2 of the Code of West Virginia, 1931, as amended, all relating generally to authorizing certain agencies of the Department of Health and Human Resources to promulgate legislative rules; authorizing the rules as filed, as modified by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to collection and exchange of data related to overdoses; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to behavioral health centers licensure; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to assisted living residences; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to food establishments; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to food manufacturing facilities; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to newborn screening system; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to medication-assisted treatment—office-based, medication-assisted treatment; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to chronic pain management clinic licensure; and authorizing the Health Care Authority to promulgate a legislative rule relating to cooperative agreement approval and compliance.

Be it enacted by the Legislature of West Virginia:


ARTICLE 5. Authorization for Department of Health and human resources to promulgate legislative rules.

§64-5-1. Department of Health and Human Resources.

(a) The legislative rule filed in the State Register on July 27, 2018, authorized under the authority of §16-5T-5 of this code, relating to the Department of Health and Human Resources (collection and exchange of data related to overdoses, 69 CSR 14), is authorized with the following amendment:

On page 4, by striking out all of subsection 2.16 and inserting a new subsection to read as follows:

“2.16. “Overdose” means an acute condition, including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, or death believed to be caused by abuse and misuse of prescription or illicit drugs or by substances that a layperson would reasonably believe to be a drug”.

(b) The legislative rule filed in the State Register on July 27, 2018, authorized under the authority of §27-9-1 of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 6, 2018, relating to the Department of Health and Human Resources (behavioral health centers licensure, 64 CSR 11), is authorized with the following amendment:

On page 48, subdivision 9.1.2., by deleting the words “assessment and”.

(c) The legislative rule filed in the State Register on July 27, 2018, authorized under the authority of §16-5D-5 of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 15, 2018, relating to the Department of Health and Human Resources (assisted living residences, 64 CSR 14), is authorized with the following amendment:

On page 42, subdivision 11.8.1., by striking out the words “federal or state law or this rule” and inserting in lieu thereof the words “subdivision 11.8.2., of this rule”.

 (d) The legislative rule filed in the State Register on July 26, 2018, authorized under the authority of §16-1-4 of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 30, 2018, relating to the Department of Health and Human Resources (food establishments, 64 CSR 17), is authorized.

(e) The legislative rule filed in the State Register on July 26, 2018, authorized under the authority of §16-1-4 of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 30, 2018, relating to the Department of Health and Human Resources (food manufacturing facilities, 64 CSR 43), is authorized.

(f) The legislative rule filed in the State Register on July 26, 2018, authorized under the authority of §16-1-4 of this code, relating to the Department of Health and Human Resources (newborn screening system, 64 CSR 91), is authorized with the following amendment:

On page 5, after subsection 5.29 by adding the following:

5.30. Lysosomal Storage Disorders;

5.31. X-Linked Adrenoleukodystorphy, X-ALD; and

5.32. Spinal Muscular Atrophy, SMA.

(g) The legislative rule filed in the State Register on July 27, 2018, authorized under the authority of §16-5Y-1 of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 15, 2018, relating to the Department of Health and Human Resources (medication-assisted treatment—office-based medication-assisted treatment, 69 CSR 12), is authorized.

(h) The legislative rule filed in the State Register on July 27, 2018, authorized under the authority of §16-5H-9 of this code, relating to the Department of Health and Human Resources (chronic pain management clinic licensure, 69 CSR 8), is authorized.

§64-5-2. Health Care Authority.


 The legislative rule filed in the State Register on July 26, 2018, authorized under the authority of §16-29B-28 of this code, relating to the Health Care Authority (cooperative agreement approval and compliance, 65 CSR 6), is authorized.

 

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