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Introduced Version House Bill 4206 History

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


Bill-Health, Birth 64CSR83
H. B. 4206

(By Delegates Mahan, Wills, Cann, Kominar,

Faircloth and Riggs)

[Introduced January 25, 2002; referred to the

Committee on Health and Human Resources 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 the birth score program.

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 rule filed in the state register on the twenty-ninth day of August, two thousand, authorized under the authority of section four, 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 twenty-second day of January, two thousand one, relating to the division of health (public water systems operators, 64 CSR 4), is authorized with the following amendments:
"On page 3, after subdivision 4.1.b. by adding a new subdivision 4.1.c. to read as follows:
4.1.c. Community and nontransient noncommunity public water systems classified as 1D systems on or before the effective date of this rule will remain classified as 1D systems until July 1, 2004, unless treatment modifications do not require a higher classification;
On page 5, in subdivision 5.3.d. after the words "employed by a" by adding the words "community or nontransient noncommunity";
On page 6, after subsection 7.2 by adding a new section 7.3 to read as follows:
7.3. Any operator holding Class 1D certification employed on or before the effective date of this rule by a community or nontransient noncommunity public water system who meets the minimum education requirements or substitutes applicable experience on a year-for-year basis to meet the minimum educational requirements may upgrade to a Class 1 certification by passing the certification examination on or before July 1, 2004;
On page 8, subdivision 10.2.b. after the words "shall complete" by striking out the words "twenty-four (24)" and inserting in lieu thereof the word "required";
On page 8, subdivision 10.2.b. after the words "certification period" by adding a new sentence to read as follows:
"Class 1 operators are required to complete twelve (12) continuing education hours and Class 11 and higher classifications must complete twenty-four (24) continuing education hours.";
And,
On page 14, in the note at the end of the chart after the word "for" by striking out the words "Class I" and inserting in lieu thereof the words "Class II".
(b) The legislative rule filed in the state register on the thirtieth day of August, two thousand, 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 nineteenth day of January, two thousand one, relating to the division of health (nursing home licensure, 64 CSR 13), is authorized with the following amendments:
"On page 14 of the rule, subdivision 3.10.a., following the word 'The' by striking the words 'nursing home' and inserting in lieu thereof the word "director."
And,
On page 82 of the rule, subdivision 15.3.c., by following the words "been sited, the" by striking the words "nursing home" and inserting in lieu thereof the word "director.".
(c) The legislative rule filed in the state register on the thirtieth day of August, two thousand, authorized under the authority of section four, article one, chapter sixteen of this code, relating to the division of health (radiological health, 64 CSR 23), is authorized.
(d) The legislative rule filed in the state register on the seventh day of June, two thousand, authorized under the authority of section two, article twenty-two-a, 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-ninth day of August, two thousand, relating to the division of health (newborn hearing screening, 64 CSR 24), is authorized.
(e) The legislative rule filed in the state register on the twenty-ninth day of August, two thousand, 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 twelfth day of December, two thousand, relating to the division of health (specialized multi-patient medical transport, 64 CSR 29), is authorized.
(f) The legislative rule filed in the state register on the thirtieth day of August, two thousand, authorized under the authority of section four, article thirty-seven, 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 fifteenth day of December, two thousand, relating to the division of health (body piercing studio business, 64 CSR 80), is authorized.
(g) The legislative rule filed in the state register on the twenty-ninth day of August, two thousand, authorized under the authority of section two, article thirty-six, 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 twelfth day of December, two thousand, relating to the division of health (needlestick injury prevention, 64 CSR 82), is authorized with the following amendments:
"On page 3, subdivision 4.1.d. after the colon by adding the words 'Provided, That the requirements of the Occupational Exposure to Bloodborne Pathogens; Needlesticks and Other Sharps Injuries; Final Rule, 29 CFR Part 1910, www.osha- slc.gov/needlesticks/index.html, attached hereto as Appendix 1 are met.';
On page 6, subsection 6.2 after the word 'Health' by striking out the word 'and';
On page 6, subsection 6.2 after the word 'Affairs' by adding the words 'and product usage experience of hospitals.';
On page 8, section 10, before the word 'Sharps' by adding the numbers '10.1.';
And,
On page 8, section 10, at the end of the newly numbered subsection 10.1 by adding a new subsection 10.2 to read as follows:
10.2. The division of health, shall as part of its review of sharps injury logs determine whether injuries have occurred due to a lack of sharps containers. The division will report any noncompliance with the sharps containers requirement to the Office of Health Facilities Certification and Licensure."
(h) The legislative rule filed in the state register on the twentieth day of July, two thousand one, authorized under the authority of section four, article twenty-two-b, 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 sixteenth day of August, two thousand one, relating to the division of health (birth score program, 64 CSR 83), is authorized.

NOTE: The purpose of this bill is to authorize the Division of Health to promulgate a legislative rule relating to the Birth Score Program.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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