SB398 SUB1
Senate Bill 398 History
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COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 398
(By Senators Minard, Fanning, Prezioso,
Unger, Boley and Facemyer)
__________
[Originating in the Committee on the Judiciary;
reported February 22, 2008.]
__________
A BILL to amend and reenact article 5, chapter 64 of the Code of
West Virginia, 1931, as amended, relating generally to the
promulgation of administrative rules by the Department of
Health and Human Resources 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 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
water wells
; authorizing the Department of Health and Human
Resources to promulgate a legislative rule relating to water
well design standards; authorizing the Department of Health
and Human Resources to promulgate a legislative rule relating
to hospice licensure
; authorizing the Department of Health and
Human Resources to promulgate a legislative rule relating to
the regulation of opioid treatment programs;
authorizing the
Department of Health and Human Resources to promulgate a
legislative rule relating to the newborn screening system;
authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to clandestine drug
laboratory remediation; and authorizing the Department of
Health and Human Resources to promulgate a legislative rule
relating to emergency medical services.
Be it enacted by the Legislature of West Virginia:
That article 5, chapter 64 of the Code of West Virginia, 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. Department of Health and Human Resources.
(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 four, article one, chapter sixteen 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 the seventh day of December,
two thousand seven, relating to the Department of Health and Human
Resources (food establishments, 64 CSR 17), is authorized.
(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 four, article one, chapter sixteen 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 the nineteenth day of
December, two thousand seven, relating to the Department of Health
and Human Resources (water wells, 64 CSR 19), is authorized.
(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 four, article one, chapter sixteen 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 the seventh day of December,
two thousand seven, relating to the Department of Health and Human
Resources (water well design standards, 64 CSR 46), is authorized.
(d)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 five-I, chapter sixteen 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 the sixth day of
December, two thousand seven, relating to the Department of Health
and Human Resources (hospice licensure, 64 CSR 54), is authorized.
(e)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 one, chapter sixteen 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 the sixth day of December, two
thousand seven, relating to the Department of Health and Human
Resources (regulation of opioid treatment programs, 64 CSR 90), is
authorized.
(f)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 twenty-two, chapter sixteen
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 the seventh
day of December, two thousand seven, relating to the Department of
Health and Human Resources (newborn screening system, 64 CSR 91),
is authorized.
(g) 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 eleven, chapter sixteen 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 the seventh day of
December, two thousand seven, relating to the Department of Health
and Human Resources (clandestine drug laboratory remediation, 64
CSR 92), is authorized.
(h)The legislative rule filed in the state register on the
twenty-eighth day of July, two thousand six, authorized under the
authority of section fourteen, article four-C, chapter sixteen of
this code, authorized for promulgation by the Legislature on the
tenth day of March two thousand seven, and refiled in the state
register on the eighteenth day of April, two thousand seven,
relating to the Department of Health and Human Resources (emergency
medical services, 64 CSR 48), is authorized with the following
amendment:
On page eighteen, by striking out all of subparagraph
9.1.a.2.B. and renumbering the remaining subparagraphs.
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