ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 349
(Senators Minard, Fanning, Prezioso,
Unger, Boley and Facemyer, original sponsors)
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[Passed March 8, 2008; in effect from passage.]
__________
AN ACT to amend and reenact article 9, chapter 64 of the Code of
West Virginia, 1931, as amended, relating generally to the
promulgation of administrative rules by the various executive
or administrative agencies and the procedures relating
thereto; legislative mandate or authorization for the
promulgation of certain legislative rules; authorizing certain
of the agencies to promulgate certain legislative rules in the
form that the rules were filed in the State Register;
authorizing certain of the agencies to promulgate certain
legislative rules with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee;
authorizing certain of the agencies to promulgate certain
legislative rules as amended by the Legislature; authorizing
certain of the agencies to promulgate certain legislative
rules with various modifications presented to and recommended
by the Legislative Rule-Making Review Committee and as amended
by the Legislature; authorizing the Board of Acupuncture to
promulgate a legislative rule relating to disciplinary and complaint procedures for acupuncturists; authorizing the Board
of Acupuncture to promulgate a legislative rule relating to
continuing education requirements;
authorizing the
Commissioner of Agriculture to promulgate a legislative rule
relating to the fee structure for the Pesticide Control Act of
1990; authorizing the Commissioner of Agriculture to
promulgate a legislative rule relating to auctioneers;
authorizing the Commissioner of Agriculture to promulgate a
legislative rule relating to the West Virginia Plant Pest Act;
authorizing the Commissioner of Agriculture to promulgate a
legislative rule relating to the inspection of meat and
poultry; authorizing the Commissioner of Agriculture to
promulgate a legislative rule relating to frozen desserts and
imitation frozen desserts; authorizing the State Auditor to
promulgate a legislative rule relating to standards for
requisitions for payment issued to state officers on the
Auditor; authorizing the State Auditor to promulgate a
legislative rule relating to the State Purchasing Card
Program; authorizing the Board of Dental Examiners to
promulgate a legislative rule relating to the board;
authorizing the State Election Commission to promulgate a
legislative rule relating to corporate political activity;
authorizing the State Election Commission to promulgate a
legislative rule relating to the regulation of campaign
finance; authorizing the State Election Commission to
promulgate a legislative rule relating to election
expenditures; authorizing the Board of Funeral Service
Examiners to promulgate a legislative rule relating to funeral director, embalmer, apprentice, courtesy card holder and
funeral establishment requirements; authorizing the Board of
Hearing Aid Dealers to promulgate a legislative rule relating
to the board; authorizing the Massage Therapy Licensure Board
to promulgate a legislative rule relating to general
provisions; authorizing the Medical Imaging and Radiation
Therapy Technology Board of Examiners to promulgate a
legislative rule relating to the board; authorizing the
Medical Imaging and Radiation Therapy Technology Board of
Examiners to promulgate a legislative rule relating to
continuing education; authorizing the Medical Imaging and
Radiation Therapy Technology Board of Examiners to promulgate
a legislative rule relating to a standard of ethics;
authorizing the Board of Medicine to promulgate a legislative
rule relating to continuing education for physicians and
podiatrists; authorizing the Board of Medicine to promulgate
a legislative rule relating to collaborative pharmacy
practice; authorizing the Board of Medicine to promulgate a
legislative rule relating to certification, disciplinary and
complaint procedures, continuing education and radiologist
assistants; authorizing the Nursing Home Administrators
Licensing Board to promulgate a legislative rule relating to
nursing home administrators; authorizing the Pharmaceutical
Cost Management Council
to promulgate a legislative rule
relating to prescription drug advertising expense reporting;
authorizing the Board of Professional Surveyors to promulgate
a legislative rule relating to the examination and licensing
of professional surveyors in West Virginia; authorizing the Board of Professional Surveyors to promulgate a legislative
rule relating to fees for surveyors and surveying firms;
authorizing the Board of Professional Surveyors to promulgate
a legislative rule relating to standards for the practice of
surveying in West Virginia; authorizing the Public Service
Commission to promulgate a legislative rule relating to
emergency telephone service;
authorizing the Secretary of
State to promulgate a legislative rule relating to the use of
digital signatures, state certificate authority and the state
repository; authorizing the Board of Examiners for Speech-
Language Pathology and Audiology to promulgate a legislative
rule relating to the licensure of speech-pathology and
audiology;
and authorizing the Board of Veterinary Medicine to
promulgate a legislative rule relating to the registration of
veterinary technicians.
Be it enacted by the Legislature of West Virginia:
That article nine, chapter 64 of the Code of West Virginia,
1931, as amended, be amended and reenacted to read as follows:
ARTICLE 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND BOARDS TO
PROMULGATE LEGISLATIVE RULES.
§64-9-1. Board of Acupuncture.
(a) The legislative rule filed in the State Register on the
seventeenth day of July, two thousand seven, authorized under the
authority of section seven, article thirty-six, chapter thirty of
this code, modified by the Board of Acupuncture to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the sixth day of November, two
thousand seven, relating to the Board of Acupuncture (disciplinary and complaint procedures for acupuncturists, 32 CSR 7), is
authorized with the following amendments:
On page one, by striking out subsection 3.7. and renumbering
the remaining subsection;
And,
On page seven, section five, by striking out the section
caption and inserting in lieu thereof a new section caption, to
read as follows:
'32-7-5. Complaint Disposition.'
(b) The legislative rule filed in the State Register on the
seventeenth day of July, two thousand seven, authorized under the
authority of section seven, article thirty-six, chapter thirty of
this code, modified by the Board of Acupuncture to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the sixth day of November, two
thousand seven, relating to the Board of Acupuncture (continuing
education requirements, 32 CSR 9), is authorized with the following
amendment:
On page two, subsection 5.2., after the word 'shall' by
inserting the word 'assign';
And,
On page three, subsection 7.1., by striking out the word
"fourty-eight" and inserting in lieu thereof the word "forty-
eight".
§64-9-2. Commissioner of Agriculture.
(a) The legislative rule filed in the State Register on the
twenty-fourth day of July, two thousand seven, authorized under the
authority of section four, article sixteen-a, chapter nineteen of this code, relating to the Commissioner of Agriculture (fee
structure for the Pesticide Control Act of 1990, 61 CSR 12), is
authorized.
(b) The legislative rule filed in the State Register on the
twenty-ninth day of June, two thousand seven, authorized under the
authority of section five, article two-c, chapter nineteen of this
code, modified by the Commissioner of Agriculture to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the twenty-eighth day of August,
two thousand seven, relating to the Commissioner of Agriculture
(auctioneers, 61 CSR 11B), is authorized with the following
amendment:
On page one, subsection 3.1., by striking out the word
'applicant's' and inserting in lieu thereof the word 'applicant'.
(c) The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section three, article twelve, chapter nineteen of
this code, modified by the Commissioner of Agriculture to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the twenty-seventh day of August,
two thousand seven, relating to the Commissioner of Agriculture
(West Virginia Plant Pest Act, 61 CSR 14), is authorized.
(d) The legislative rule filed in the State Register on the
twenty-sixth day of June, two thousand seven, authorized under the
authority of section three, article two-b, chapter nineteen of this
code, relating to the Commissioner of Agriculture (inspection of
meat and poultry, 61 CSR 16), is authorized.
(e) The legislative rule filed in the State Register on the twenty-fourth day of July, two thousand seven, authorized under the
authority of section ten, article eleven-b, chapter nineteen of
this code, relating to the Commissioner of Agriculture (frozen
desserts and imitation frozen desserts, 61 CSR 4B), is authorized.
§64-9-3. State Auditor.
(a) The legislative rule filed in the State Register on the
twenty-fifth day of July, two thousand seven, authorized under the
authority of section ten, article three, chapter twelve of this
code, modified by the State Auditor to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on the eighteenth day of October, two thousand seven,
relating to the State Auditor (standards for requisitions for
payment issued to state officers on the auditor, 155 CSR 1), is
authorized.
(b) The legislative rule filed in the State Register on the
twenty-fifth day of July, two thousand seven, authorized under the
authority of section ten-a, article three, chapter twelve of this
code, modified by the State Auditor to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on the eighteenth day of October, two thousand seven,
relating to the State Auditor (State Purchasing Card Program, 155
CSR 7), is authorized.
§64-9-4. Board of Dental Examiners.
The legislative rule filed in the State Register on the
nineteenth day of July, two thousand seven, authorized under the
authority of section six, article four, chapter thirty of this
code, modified by the Board of Dental Examiners to meet the
objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the seventeenth day of October,
two thousand seven, relating to the Board of Dental Examiners (rule
for the West Virginia Board of Dental Examiners, 5 CSR 1), is
authorized.
§64-9-5. State Election Commission.
(a) The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section eight, article eight, chapter three of
this code, modified by the State Election Commission to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the seventh day of December, two
thousand seven, relating to the State Election Commission
(corporate political activity, 146 CSR 1), is authorized with the
following amendments:
On page one, subsection 2.2., by striking out the words
"'Contribution or Expenditure'" and inserting in lieu thereof the
words "'Contribution' or 'Expenditure'";
On page one, subdivision 2.2.e., by striking out "WV" and
inserting in lieu thereof "W. Va.";
On page three, subsection 3.1., line two, by striking out the
word "series" and inserting in lieu thereof the word "rule";
On page four, subdivision 3.3.a., by striking out "WV" and
inserting in lieu thereof "W. Va.";
On page four, paragraph 3.3.c.1., by striking out "WV" and
inserting in lieu thereof "W. Va.";
On page four, paragraph 3.3.d.1., by striking out "WV" and
inserting in lieu thereof "W. Va.";
On page five, paragraph 3.3.f.5., lines four and seven, by striking out the word "Paragraph" and inserting in lieu thereof the
word "paragraph";
On page five, paragraph 3.3.f.5., lines five and seven, by
striking out the word "subsection" and inserting in lieu thereof
the word "subdivision";
On page five, paragraph 3.3.f.6., by striking out the words
"the above regulations" and inserting in lieu thereof the words
"this rule";
On page five, paragraph 3.3.f.7., by changing the colon to a
comma and by striking out the words "Provided, that such" and
inserting in lieu thereof the words "provided that the";
On page six, subsection 4.3., by striking out the words "The
establishment, administration and solicitation of contributions to
a Corporate Political Action Committee, by means and in amounts as
herein specified:
4.3.a.";
On page seven, subdivision 4.4.a., by striking out the word
"Section" and inserting in lieu thereof the word "subsection";
On page seven, subdivision 4.4.b., line five, by striking out
the word "Section" and inserting in lieu thereof the word
"subsection";
On page eight, subsection 5.1., by striking out "WV" and
inserting in lieu thereof "W. Va.";
On page eight, subdivision 5.1.a., by striking out "5.1.a."
and by adding the subsequent sentence to the end of subsection
5.1.;
On page eight, subdivision 5.2.b., by striking out "WV" and
inserting in lieu thereof "W. Va.";
And,
On page nine, section seven, by striking out "7.1.".
(b) The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section five, article one-a, chapter three of this
code, modified by the State Election Commission to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the seventh day of December, two
thousand seven, relating to the State Election Commission
(regulation of campaign finance, 146 CSR 3), is authorized with the
following amendment:
On page thirteen, by striking out section 14 in its entirety.
(c) The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section five, article one-a, chapter three of this
code, modified by the State Election Commission to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the seventh day of December, two
thousand seven, relating to the State Election Commission (election
expenditures, 146 CSR 4), is authorized with the following
amendment:
On page four, by striking out sections 12 and 13 in their
entirety.
§64-9-6. Board of Funeral Service Examiners.
The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section six, article six, chapter thirty of this
code, modified by the Board of Funeral Service Examiners to meet the objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the seventh day of December, two
thousand seven, relating to the Board of Funeral Service Examiners
(funeral director, embalmer, apprentice, courtesy card holder and
funeral establishment requirements, 6 CSR 1), is authorized with
the following amendments:
On page two, section two, by striking subdivision 2.8.6 in its
entirety;
On page fifteen, section sixteen, subdivision 16.11.3, by
striking the words and numbers 'two hundred dollars ($200)' and
inserting in lieu thereof the words and numbers 'one hundred sixty
dollars ($160.00)';
And,
On page sixteen, section sixteen, by striking subdivisions
16.11.15 and 16.11.16 in their entirety.
§64-9-7. Board of Hearing Aid Dealers.
The legislative rule filed in the State Register on the
twenty-fifth day of July, two thousand seven, authorized under the
authority of section three, article twenty-six, chapter thirty of
this code, modified by the Board of Hearing Aid Dealers to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the third day of January, two
thousand eight, relating to the Board of Hearing Aid Dealers (rules
governing the West Virginia Board of Hearing Aid Dealers, 8 CSR 1),
is authorized with the following amendments:
On page two, subsection 4.1., by striking out 'fifty dollars
($50.00)' and inserting in lieu thereof 'one hundred dollars
($100.00)';
On page two, subsection 4.3., by striking out 'forty dollars
($40.00)' and the remaining sentence and inserting in lieu thereof
'one hundred dollars ($100.00)';
On page two, subsection 4.5., by striking out 'one dollar
($1.00)' and inserting in lieu thereof 'ten dollars ($10.00)';
On page two, subsection 4.6., by striking out 'twenty-five
dollars ($25.00)' and inserting in lieu thereof 'one hundred
dollars ($100.00)';
On page three, subsection 4.7., by striking out 'fifty dollars
($50.00)' and inserting in lieu thereof 'one hundred dollars
($100.00)';
On page four, subsection 7.1., after the words 'the
prospective customer:' by striking out the remainder of the
subsection and inserting in lieu thereof the following: The
purchaser has been advised at the outset of his relationship with
the hearing aid dealer that any examination of representation made
by a licensed hearing aid dealer in connection with the practice of
fitting this hearing aid is not an examination, diagnosis or
prescription by a person licensed to practice medicine in this
state and therefore must not be regarded as medical opinion.;
On page four, subdivision 7.5.d., by striking out the words
'be required to advise in writing' and inserting in lieu thereof
the word 'determine';
On page four, by striking out all of subsection 7.6. and
renumbering the remaining subsections;
On page five, subsection 8.2., by striking out all of
subdivisions (i) and (j) and re-lettering the remaining
subdivision;
On page five, by striking out all of subsection 8.5;
On page six, subsection 9.4., by striking out the words 'terms
'Certified Member' or 'Certified Hearing Aid Audiologist'' and
inserting in lieu thereof the words 'term 'Certified Member';
On page six, after subsection 9.6., by adding thereto a new
subsection, to read as follows:
'9.7. The hearing aid dealer must prominently display the
following advisement: 'Consumers may contact the West Virginia
Board of Hearing Aid Dealers at 167 11th Avenue, South Charleston,
WV 25303, if the consumer believes that the hearing aid dealer has
not satisfied the terms of the contract.';
On page seven, subsection 12.2., after the words 'body of the
purchase agreement:' by striking out the remainder of the
subsection and inserting in lieu thereof the following: 'You have
the right to return the hearing aid to the dealer from whom it was
purchased at anytime within thirty (30) days after receipt of the
aid and rescind the purchase agreement except for reasonable
fitting and examination charges ($125.00 maximum fitting charge),
if the aid does not function properly or cannot be adjusted to
correct the deficiency in your hearing or is otherwise
unsatisfactory. The aid so returned must be without damage.';
And,
On page seven, by striking out all of subsection 12.4. and
renumbering the remaining subsections.
§64-9-8. Massage Therapy Licensure Board.
The legislative rule filed in the State Register on the
sixteenth day of July, two thousand seven, authorized under the
authority of section six, article thirty-seven, chapter thirty of this code, relating to the Massage Therapy Licensure Board (general
provisions, 194 CSR 1), is authorized.
§64-9-9. Medical Imaging and Radiation Therapy Technology Board of
Examiners.
(a) The legislative rule filed in the State Register on the
eighteenth day of July, two thousand seven, authorized under the
authority of section seven, article twenty-three, chapter thirty of
this code, modified by the Medical Imaging and Radiation Therapy
Technology Board of Examiners to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on the sixteenth day of October, two thousand seven,
relating to the Medical Imaging and Radiation Therapy Technology
Board of Examiners (rule of the Medical Imaging and Radiation
Therapy Technology Board of Examiners, 18 CSR 1), is authorized.
(b) The legislative rule filed in the State Register on the
eighteenth day of July, two thousand seven, authorized under the
authority of section seven, article twenty-three, chapter thirty of
this code, modified by the Medical Imaging and Radiation Therapy
Technology Board of Examiners to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on the sixteenth day of October, two thousand seven,
relating to the Medical Imaging and Radiation Therapy Technology
Board of Examiners (continuing education, 18 CSR 2), is authorized
with the following amendment:
On page one, subsection 1.2., by striking out '30-7A-5 &64-9-
17(h)' and inserting in lieu thereof '30-23-7';
And,
On page five, subdivision 3.4.1., by striking out the words 'Grand fathered' and inserting in lieu thereof the word
'grandfathered'.
(c) The legislative rule filed in the State Register on the
eighteenth day of July, two thousand seven, authorized under the
authority of section seven, article twenty-three, chapter thirty of
this code, modified by the Medical Imaging and Radiation Therapy
Technology Board of Examiners to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on the sixteenth day of October, two thousand seven,
relating to the Medical Imaging and Radiation Therapy Technology
Board of Examiners (standard of ethics, 18 CSR 5), is authorized.
§64-9-10. Board of Medicine.
(a) The legislative rule filed in the State Register on the
tenth day of July, two thousand seven, authorized under the
authority of section seven, article three, chapter thirty of this
code, relating to the Board of Medicine (continuing education for
physicians and podiatrists, 11 CSR 6), is authorized with the
following amendments:
On page one, subsection 2.1., by striking out the number
'1993' and inserting in lieu thereof the number '2008';
On page one, subsection 2.1., by striking out the words 'At
least thirty (30) hours of the hours must be related to the
physician's area or areas of specialty.' and inserting in lieu
thereof the following: 'Beginning July 1, 2008, at least thirty
(30) hours of the continuing medical education hours must be
related to the physician's area or areas of specialty.';
And,
On page two, subsection 2.3., by striking out the words 'At least thirty (30) hours of the hours must be related to the
podiatrist's area or areas of specialty.' and inserting in lieu
thereof the following: 'Beginning July 1, 2008, at least thirty
(30) hours of the continuing podiatric education hours must be
related to the podiatrist's area or areas of specialty.'.
(b) The legislative rule filed in the State Register on the
sixteenth day of November, two thousand six, authorized under the
authority of section twenty-eight, article five, chapter thirty of
this code, modified by the Board of Medicine to meet the objections
of the Legislative Rule-Making Review Committee and refiled in the
State Register on the tenth day of October, two thousand seven,
relating to the Board of Medicine (collaborative pharmacy practice,
11 CSR 8), is authorized.
(c) The legislative rule filed in the State Register on the
nineteenth day of July, two thousand seven, authorized under the
authority of section seven-a, article three, chapter thirty of this
code, modified by the Board of Medicine to meet the objections of
the Legislative Rule-Making Review Committee and refiled in the
State Register on the twenty-ninth day of November, two thousand
seven, relating to the Board of Medicine (certification,
disciplinary and complaint procedures, continuing education and
radiologist assistants, 11 CSR 9), is authorized.
§64-9-11. Nursing Home Administrators Licensing Board.
The legislative rule filed in the State Register on the
thirteenth day of June, two thousand seven, authorized under the
authority of section seven, article twenty-five, chapter thirty of
this code, modified by the Nursing Home Administrators Licensing
Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-eighth
day of August, two thousand seven, relating to the Nursing Home
Administrators Licensing Board (nursing home administrators, 21 CSR
1), is authorized with the following amendment:
On page six, subdivision 4.2.1.a., after the words 'Emeritus
State Administrators' by striking out the remainder of the
subdivision and inserting in lieu thereof the words 'shall obtain
annually at least ten (10) clock hours of continuing education
approved as provided in subsection 4.2.1. of this rule.'.
§64-9-12. Pharmaceutical Cost Management Council.
The legislative rule filed in the State Register on the ninth
day of July, two thousand seven, authorized under the authority of
section fifteen, article three-c, chapter five-a of this code,
modified by the Pharmaceutical Cost Management Council to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the fourteenth day of January, two
thousand eight, relating to the Pharmaceutical Cost Management
Council (prescription drug advertising expense reporting, 206 CSR
1), is authorized.
§64-9-13. Board of Professional Surveyors.
(a) The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section six, article thirteen-a, chapter thirty of
this code, modified by the Board of Professional Surveyors to meet
the objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the nineteenth day of December,
two thousand seven, relating to the Board of Professional Surveyors
(examination and licensing of professional surveyors in West Virginia, 23 CSR 1), is authorized with the following amendment:
On page one, subsection 1.2., by striking out '30-13A-5(13)'
and inserting in lieu thereof '30-13A-6';
On page two, subsection 2.10., after the word 'Board', by
inserting a period and striking out the remainder of that
subsection.
On page four, subdivision 3.1.d., after the word 'data' by
striking out the words 'education and employment history';
On page five, subdivision 3.4.a.3., after the words 'of the
examination', by striking out the word 'for' and inserting in lieu
thereof the word 'after';
On page eight, subdivision 5.2.c. after the word 'certificate'
by striking out the word 'shall' and inserting in lieu thereof the
word 'may';
On page nine, subdivision 5.2.f.3. after the word
'examination' by striking the word 'for' and inserting in lieu
thereof the word 'after';
On page nine, subdivision 5.3.c. after the underlined word
'shall' by adding the word 'conspicuously';
On page ten, after subdivision 5.3.e. by adding a new
subdivision, designated 5.3.f., to read as follows: 'A wallet card
shall be issued simultaneously to be kept on the licensee's
person.';
And,
On page ten, subdivision 5.5.c, in the second sentence, after
the word 'months' by striking the word 'shall' and inserting in
lieu thereof the word 'may'.
(b) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand seven, authorized under
the authority of section five, article thirteen-a, chapter thirty
of this code and section six of said article, modified by the Board
of Professional Surveyors to meet the objections of the Legislative
Rule-Making Review Committee and refiled in the State Register on
the nineteenth day of December, two thousand seven, relating to the
Board of Professional Surveyors (fees for surveyors and surveying
firms, 23 CSR 4), is authorized with the following amendment:
On page one, subsection 1.2., after "30-13A-5(13)" by
inserting " and §30-13A-6;";
On page three, section 4, after the words "PS License (Active
or Inactive)", by striking out "$150.00" and inserting in lieu
thereof "$100.00";
On page three, section 4, by striking out the colon and the
following:
"Less than ten(10) employees$150.00"
"Ten (10) employees to less than fifty (50)$250.00"
"Fifty (50) employees or more$500.00"
and inserting in lieu thereof "$100.00";
And,
On page four, subdivision 4.5.i. after the words 'Returned
Check Fee' by striking the figure '$40.00' and inserting in lieu
thereof the following 'Maximum allowable by WV Code'.
(c) The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section six, article thirteen-a, chapter thirty of
this code, modified by the Board of Professional Surveyors to meet
the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the nineteenth day of December,
two thousand seven, relating to the Board of Professional Surveyors
(standards for practice of surveying in West Virginia, 23 CSR 5),
is authorized with the following amendment:
On page one, subsection 1.2., by striking out '5' and
inserting in lieu thereof '6'.
§64-9-14. Public Service Commission.
The legislative rule filed in the State Register on the
twenty-sixth day of September, two thousand six, authorized under
the authority of section six-b, article six, chapter twenty-four of
this code, relating to the Public Service Commission (emergency
telephone service, 150 CSR 25), is authorized with the following
amendments:
On page one, subsection 2.1., line one, by striking out 'these
rules' and inserting in lieu thereof 'this rule';
On page one, subsection 2.1., line six, by striking out 'these
rules' and inserting in lieu thereof 'this rule';
On page four, subsection 2.27., following the words 'the
Speaker of the House of Delegates or that person's designee' by
adding a comma and the words 'as a non-voting member';
On page four, subsection 2.27., following the words 'the
Senate President or that person's designee' by adding a comma and
the words 'as a non-voting member';
On page eight, subsection 5.1., by striking out '5.1.a.' and
inserting in lieu thereof '5.2.' and by renumbering the remaining
subsections accordingly;
On page ten, section seven, by striking out '7.1.';
On page twelve, section twelve, by striking out '12.1.';
On page sixteen, subdivision 13.5.d, at the end of the second
line, following the word 'least', by striking the word 'five' and
inserting in lieu thereof the words 'four voting';
And,
On page sixteen, by striking subsection 13.6. in its entirety.
§64-9-15. Secretary of State.
The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section three, article three, chapter thirty-nine-
a of this code, modified by the Secretary of State to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the ninth day of October, two
thousand seven, relating to the Secretary of State (use of digital
signatures, state certificate authority and state repository, 153
CSR 30), is authorized with the following amendments:
On page two, subsection 3.3., by striking out the words 'and
approved by';
On page two, subsection 3.3., after the word 'Technology', by
changing the comma to a period, striking out the words 'through its
chief technology officer or his or her designee,' and inserting in
lieu thereof the words 'The specifications must be approved by the
Office of Technology';
On page four, subsection 6.2., after the word 'Technology', by
striking out the comma and the words 'through its chief technology
officer or his or her designee';
On page four, subdivision 7.1.h., after the word 'The' by
inserting the words 'Secretary of State may ask or enter into an
agreement with the';
On page four, subdivision 7.1.h., after the word 'Technology',
by striking out the comma and the words 'through its chief
technology officer or his or her designee, shall' and inserting in
lieu thereof the word 'to';
On page four, subdivision 7.1.h., after the word 'and' by
inserting the word 'to';
On page five, subsection 7.3., by striking out the words
'Office of Technology, through its chief technology officer or his
or her designee,' and by inserting the words 'Secretary of State';
On page five subsection 7.3., by striking out the words 'for
a term no less that one year';
On page five subsection 7.3., after the period, by inserting
the words 'The Secretary of State may defer to the Office of
Technology his or her authority to initiate the procurement
process.';
On page five, subsection 7.4., after the word 'The', by
inserting the words 'Secretary of State may ask or enter into an
agreement with the';
On page five, subsection 7.4., by striking out the word
'shall' and inserting in lieu thereof the word 'to';
On page five, subsection 7.4., by striking out the words
'Secretary of State' and inserting in lieu thereof the words 'him
or her';
And,
On page five, subdivision 7.5.a., by striking out the words
'The Office of Technology, through its chief technology officer or
his or her designee, shall inform the Secretary of State' and
insert in lieu thereof the words 'The Secretary of State may ask or enter into an agreement with the Office of Technology to inform him
or her'.
§64-9-16. Board of Examiners for Speech-Language Pathology and
Audiology.
(a) The legislative rule filed in the State Register on the
twenty-seventh day of June, two thousand seven, authorized under
the authority of section ten, article thirty-two, chapter thirty of
this code, modified by the Board of Examiners for Speech-Language
Pathology and Audiology to meet the objections of the Legislative
Rule-Making Review Committee and refiled in the State Register on
the fifth day of December, two thousand seven, relating to the
Board of Examiners for Speech-Language Pathology and Audiology
(licensure of speech-pathology and audiology, 29 CSR 1), is
authorized with the following amendments:
On page two, section 6.1.b., by striking the word 'five' and
reinserting in lieu thereof the word, 'ten';
And,
On page twenty, section 13.11., after the word 'licensure' and
the period, by striking out the remainder of the rule.
(b) The legislative rule relating to the Board of Examiners
for Speech-Language Pathology and Audiology (Code of Ethics, 29 CSR
5), is authorized as follows:
'
29 CSR 5
West Virginia Board of Examiners for Speech-Language Pathology
and Audiology Code of Ethics
§29-5-1. General.
1.1. Scope. - This legislative rule establishes standards of
conduct speech-language pathologist or audiologist in the State of West Virginia.
1.2. Authority. - W.Va. Code §30-32-10
1.3. Filing Date. -
1.4. Effective Date. --
1.5. Preamble: The preservation of the highest standards of
integrity and ethical principles is vital to the responsible
discharge of obligations in the professions of Speech-Language
Pathology and Audiology. This code of Ethics sets forth the
fundamental principles and rules considered essential to this
purpose. Every individual who is licensed by this Board as a
Professional, Provisional or a Speech or Audiology Assistant.
§29.5.2. Licensed by this Board as a Professional, Provisional or
a Speech or Audiology Assistant.
2.1. Any action that violates the spirit and purpose of this
Code shall be considered unethical. Failure to specify any
particular responsibility or practice in this Code of Ethics shall
not be construed as denial of the existence of such
responsibilities or practices.
2.2. The fundamentals of ethical conduct are described by
Principles of Ethics and Rules of Ethics as they relate to
responsibility to persons served, to the public, and to the
professions of speech-language pathology and audiology.
2.3. Principles of Ethics, aspirational and inspirational in
nature, form the underlying moral basis for the Code of Ethics.
Licensees shall observe these principles as affirmative obligations
under all conditions of professional activity. Rules of Ethics are
specific statements of minimally acceptable professional conduct or
of prohibitions and are applicable to all licensees.
2.4.
Principle of Ethics I
2.4.a. Licensees shall honor their responsibility to hold
paramount the welfare of persons they serve professionally.
2.4.b.
Rules of Ethics
2.4.b.1. Licensees shall provide all services competently.
2.4.b.2. Licensees shall use every resource, including
referral when appropriate, to ensure that high-quality service is
provided.
2.4.b.3. Licensees shall not discriminate in the delivery of
professional services on the basis of race ethnicity, gender, age,
religion, national origin, sexual orientation, or disability.
2.4.b.4. Licensees shall fully inform the persons they serve
of the nature and possible effects of services rendered and
products dispensed.
2.4.b.5. Licensees shall evaluate the effectiveness of
services rendered and of products dispensed and shall provide
services or dispense products only when benefit can be reasonably
expected.
2.4.b.6. Licensees shall not guarantee the results of any
treatment or procedure, directly or by implication; however, they
may make a reasonable statement of prognosis.
2.4.b.7. Licensees shall not evaluate or treat speech,
language, or hearing disorders solely by correspondence.
2.4.b.8. Licensees shall maintain adequate records of
professional services rendered and products dispensed and shall
allow access to these records when appropriately authorized.
2.4.b.9. Licensees shall not reveal, without authorization,
any professional or personal information about the person served professionally, unless required by law to do so, or unless doing so
is necessary to protect the welfare of the person or of the
community.
2.4.b.10. Licensees shall not charge for services not
rendered, nor shall they misrepresent, in any fashion, services
rendered or products dispensed.
2.4.b.11. Licensees shall use persons in research or as
subjects of teaching demonstrations only with their informed
consent.
2.4.b.12. Licensees whose professional services are adversely
affected by substance abuse or other health-related conditions
shall seek professional assistance and, where appropriate, withdraw
from the affected areas of practice.
2.5.
Principles of Ethics II
2.5.a.. Licensees shall honor their responsibility to achieve
and maintain the highest level of professional competence.
2.5.b.
Rules of Ethics
2.5.b.1. Licensees shall engage in the provision of clinical
services only when they hold the appropriate license or when they
are in the licensure process and are supervised by an individual
who holds the appropriate license.
2.5.b.2. Licensees shall engage in only those aspects of the
professions that are within the scope of their competence,
considering their level of education, training, and experience.
2.5.b.3. Licensees shall continue their professional
development throughout their careers.
2.5.b.4. Licensees shall delegate the provision of clinical
services only to persons who are licensed or to persons in the education or licensure process who are appropriately supervised.
The provision of support services may be delegated to persons who
are neither licensed nor in the licensure process only when a
license holder provides appropriate supervision.
2.5.b.5. Licensees shall prohibit any of their professional
staff from providing services that exceed the staff member's
competence, considering the staff member's level of education,
training, and experience.
2.5.b.6. Licensees shall ensure that all equipment used in
the provision of services is in proper working order and is
properly calibrated.
2.6.
Principle of Ethics III
2.6.a. Licensees shall honor their responsibility to the
public by promoting public understanding of the professions, by
supporting the development of services designed to fulfill the
unmet needs of the public, and by providing accurate information in
all communications involving any aspect of the professions.
2.6.b.
Rules of Ethics
2.6.b.1. Licensees shall not misrepresent their credentials,
competence, education, training, or experience.
2.6.b.2. Licensees shall not participate in professional
activities that constitute a conflict of interest.
2.6.b.3. Licensees shall not misrepresent diagnostic
information, services rendered, or products dispensed or engage in
any scheme or artifice to defraud in connection with obtaining
payment or reimbursement for such services or products.
2.6.b.4. Licensees' statements to the public shall provide
accurate information about the nature and management of communication disorders, about the professions, and about
professional services.
2.6.b.5. Licensees' statements to the public -- advertising,
announcing, and marketing their professional services, reporting
research results, and promoting products -- shall adhere to
prevailing professional standards and shall not contain
misrepresentations.
2.7.
Principle of Ethics IV
2.7.a. Licensees shall honor their responsibilities to the
professions and their relationships with colleagues, students, and
members of allied professions. Licensees shall uphold the dignity
and autonomy of the professions, maintain harmonious
interprofessional and intraprofessional relationships, and accept
the professions' self-imposed standards.
2.7.b.
Rules of Ethics
2.7.b.1. Licensees shall prohibit anyone under their
supervision from engaging in any practice that violates the Code of
Ethics.
2.7.b.2. Licensees shall not engage in dishonesty, fraud,
deceit, misrepresentation, or any form of conduct that adversely
reflects on the professions or on the licensee's fitness to serve
persons professionally.
2.7.b.3. Licensees shall assign credit to only those
licensees who have contributed to a publication, presentation, or
product. Credit shall be assigned in proportion to the
contribution and only with the contributor's consent.
2.7.6.4. Licensee's statements to colleagues about
professional services, research results, and products shall adhere to prevailing professional standards and shall contain no
misrepresentations.
2.7.b.5. Licensees shall not provide professional services
without exercising independent professional judgment, regardless of
referral source or prescription.
2.7.b.6. Licensees shall not discriminate in their
relationships with colleagues, students, and members of allied
professions on the basis of race or ethnicity, gender, age,
religion, national origin, sexual orientation, or disability.
2.7.b.7. Licensees who have reason to believe that the Code
of Ethics has been violated shall inform the West Virginia Board of
Examiners.
2.7.b.8. Licensees shall cooperate fully with the West
Virginia Board of Examiners in its investigation and adjudication
of matters related to this Code of Ethics.
'.
§64-9-17. Board of Veterinary Medicine.
The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section four, article ten, chapter thirty of this
code, modified by the Board of Veterinary Medicine to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the fourth day of January, two
thousand eight, relating to the Board of Veterinary Medicine (the
registration of veterinary technicians, 26 CSR 3), is authorized.