H. B. 4623
(By Delegates Proudfoot, Perdue and Campbell)
[Introduced February 17, 2006; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact §16-1-6 of the Code of West Virginia,
1931, as amended; and to amend and reenact §16-2-11 of said
code, all relating to reports of inspections of primary and
secondary schools by local boards of health; and authorizing
the Commissioner of the Bureau for Public Health to promulgate
and establish standards for these inspections.
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 §16-2-11 of said code be amended
and reenacted, all to read as follows:
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;
(c) 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;
(r) 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 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 ninety days in
advance of rendition of service or receipt of goods and
continuation of health services; and
(t) 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; and
(u) To propose rules for legislative approval, pursuant to
section five, article three, chapter twenty-nine-a of this code, to
establish standards for inspections conducted by local boards of
health of schools, whether public or private, pursuant to section
eleven, article two of this chapter.
ARTICLE 2. LOCAL BOARDS OF HEALTH.
§16-2-11. Local board of health; powers and duties.
(a) Each local board of health created, established and
operated pursuant to the provisions of this article shall:
(1) Provide the following basic public health services and
programs in accordance with state public health performance-based
standards:
(i) Community health promotion including assessing and
reporting community health needs to improve health status,
facilitating community partnerships including identifying the
community's priority health needs, mobilization of a community
around identified priorities and monitoring the progress of
community health education services;
(ii) Environmental health protection including the promoting
and maintaining of clean and safe air, water, food and facilities
and the administering of public health laws as specified by the
commissioner as to general sanitation, the sanitation of public
drinking water, sewage and wastewater, food and milk, and the
sanitation of housing, institutions and recreation; and
(iii) Communicable or reportable disease prevention and
control including disease surveillance, case investigation and
follow-up, outbreak investigation, response to epidemics, and
prevention and control of rabies, sexually transmitted diseases,
vaccine preventable diseases, HIV/AIDS, tuberculosis and other
communicable and reportable diseases;
(2) Appoint a local health officer to serve at the will and
pleasure of the local board of health with approval of the
commissioner;
(3) Submit a general plan of operation to the commissioner for
approval, if it receives any state or federal money for health
purposes. This program plan shall be submitted annually and comply
with provisions of the local board of health standards
administrative rule;
(4) Provide equipment and facilities for the local health
department that are in compliance with federal and state law;
(5) Permit the commissioner to act by and through it, as
needed. The commissioner may enforce all public health laws of
this state, the rules and orders of the secretary, any county
commission orders or municipal ordinances of the board's service
area relating to public health, and the rules and orders of the
local board within the service area of a local board. The
commissioner may enforce these laws, rules and orders when, in the
opinion of the commissioner, a public health emergency exists or when the local board fails or refuses to enforce public health laws
and rules necessary to prevent and control the spread of a
communicable or reportable disease dangerous to the public health.
The expenses incurred shall be charged against the counties or
municipalities concerned;
(6) Deposit all moneys and collected fees into an account
designated for local board of health purposes. The moneys for a
municipal board of health shall be deposited with the municipal
treasury in the service area. The moneys for a county board of
health shall be deposited with the county treasury in the service
area. The moneys for a combined local board of health shall be
deposited in an account as designated in the plan of combination:
Provided, That nothing contained in this subsection is intended to
conflict with the provisions of article one, chapter sixteen of
this code;
(7) Submit vouchers or other instruments approved by the board
and signed by the local health officer or designated representative
to the county or municipal treasurer for payment of necessary and
reasonable expenditures from the county or municipal public health
funds: Provided, That a combined local board of health shall draw
upon its public health funds account in the manner designated in
the plan of combination;
(8) Participate in audits, be in compliance with tax
procedures required by the state and annually develop a budget for the next fiscal year;
(9) Perform public health duties assigned by order of a county
commission or by municipal ordinance consistent with state public
health laws; and
(10) Enforce the public health laws of this state and any
other laws of this state applicable to the local board; and
(11) Report the board's findings each time the board inspects
a primary or secondary school, to the principal of the school, the
county superintendent and the president of the county school board,
or to persons of like responsibility in the case of a private,
parochial, church or other school operated by a religious order.
If a serious or ongoing health issue continues to exist, the board
may send the report to the Commissioner of the Bureau for Public
Health and the State Board of Education.
(b) Each local board of health created, established and
operated pursuant to the provisions of this article may:
(1) Provide primary care services, clinical and categorical
programs, and enhanced public health services;
(2) Employ or contract with any technical, administrative,
clerical or other persons, to serve as needed and at the will and
pleasure of the local board of health. Staff and any contractors
providing services to the board shall comply with applicable West
Virginia certification and licensure requirements. Eligible staff
employed by the board shall be covered by the rules of the Division of Personnel under section six, article ten, chapter twenty-nine of
this code. However, any local board of health may, in the
alternative and with the consent and approval of the appointing
authority, establish and adopt a merit system for its eligible
employees. The merit system may be similar to the state merit
system and may be established by the local board by its order,
subject to the approval of the appointing authority, adopting and
making applicable to the local health department all, or any
portion of any order, rule, standard, or compensation rate in
effect in the state merit system as may be desired and as is
properly applicable;
(3) Adopt and promulgate and from time to time amend rules
consistent with state public health laws and the rules of the West
Virginia State Department of Health and Human Resources, that are
necessary and proper for the protection of the general health of
the service area and the prevention of the introduction,
propagation and spread of disease. All rules shall be filed with
the clerk of the county commission or the clerk or the recorder of
the municipality or both and shall be kept by the clerk or
recording officer in a separate book as public records;
(4) Accept, receive and receipt for money or property from any
federal, state or local governmental agency, from any other public
source or from any private source, to be used for public health
purposes or for the establishment or construction of public health facilities;
(5) Assess, charge and collect fees for permits and licenses
for the provision of public health services: Provided, That
permits and licenses required for agricultural activities may not
be assessed, charged or collected: Provided, however, That a local
board of health may assess, charge and collect all of the expenses
of inspection of the physical plant and facilities of any
distributor, producer or pasteurizer of milk whose milk
distribution, production or pasteurization facilities are located
outside this state but who sells or distributes in the state, or
transports, causes or permits to be transported into this state,
milk or milk products for resale, use or consumption in the state
and in the service area of the local board of health. A local
board of health may not assess, charge and collect the expenses of
inspection if the physical plant and facilities are regularly
inspected by another agency of this state or its governmental
subdivisions or by an agency of another state or its governmental
subdivisions certified as an approved inspection agency by the
commissioner. No more than one local board of health may act as
the regular inspection agency of the physical plant and facilities;
when two or more include an inspection of the physical plant and
facilities in a regular schedule, the commissioner shall designate
one as the regular inspection agency;
(6) Assess, charge and collect fees for services provided by the local health department: Provided, That fees for services
shall be submitted to and approved by the commissioner;
(7) Contract for payment with any municipality, county or
board of education for the provision of local health services or
for the use of public health facilities. Any contract shall be in
writing and permit provision of services or use of facilities for
a period not to exceed one fiscal year. The written contract may
include provisions for annual renewal by agreement of the parties;
and
(8) Retain and make available child safety car seats, collect
rental and security deposit fees for the expenses of retaining and
making available child safety car seats, and conduct public
education activities concerning the use and preventing the misuse
of child safety car seats: Provided, That this subsection is not
intended to conflict with the provisions of section forty-six,
article fifteen, chapter seventeen-c of this code: Provided,
however, That any local board of health offering a child safety car
seat program or employee or agent of a local board of health is
immune from civil or criminal liability in any action relating to
the improper use, malfunction or inadequate maintenance of the
child safety car seat and in any action relating to the improper
placement, maintenance or securing of a child in a child safety car
seat.
(c) The local boards of health are charged with protecting the health and safety, as well as promoting the interests of the
citizens of West Virginia. All state funds appropriated by the
Legislature for the benefit of local boards of health shall be used
for provision of basic public health services.
NOTE: The purpose of this bill is to provide that inspections
of primary and secondary schools by local boards of health may be
reported to the principal of the school, the county superintendent
and the president of the county school board, or to persons of like
responsibility in the case of a private, parochial, church or other
school operated by a religious order
. The bill also authorizes the
Commissioner of the Bureau for Public Health to promulgate and
establish standards for these inspections
.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.