ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 105
(Senators Manchin, Anderson, Boley,
Grubb and Macnaughtan, original sponsors)
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[Passed March 9, 1995; in effect from passage.]
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AN ACT to amend and reenact article five, chapter sixty-four of
the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating generally to the
promulgation of administrative rules by the various
executive or administrative agencies and the procedures
relating thereto; the legislative mandate or authorization
for the promulgation of certain legislative rules by
various executive and administrative agencies of the
state; 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 legislative rules as amended by the
Legislature; authorizing certain of the agencies to
promulgate legislative rules with various modifications
presented to and recommended by the legislative rule-making review committee; authorizing the division of
health to promulgate legislative rules relating to
wastewater treatment works and operators, as modified;
authorizing the department of health and human resources
to promulgate legislative rules relating to public water
systems, as modified; authorizing the department of health
and human resources to promulgate legislative rules
relating to personal care homes, as modified; and
authorizing the department of health and human resources
to promulgate legislative rules relating to behavioral
health patient rights, as modified and amended.
Be it enacted by the Legislature of West Virginia:
That 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.
The legislative rules filed in the state register on the
fifteenth day of August, one thousand nine hundred ninety-four,
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 twentieth day of October, one thousand
nine hundred ninety-four, relating to the division of health
(wastewater treatment works and operators, 64 CSR 5), are authorized.
§64-5-2. Department of health and human resources.
(a) The legislative rules filed in the state register on
the fifteenth day of August, one thousand nine hundred
ninety-four, 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
twenty-eighth day of November, one thousand nine hundred
ninety-four, relating to the department of health and human
resources (public water systems, 64 CSR 3), are authorized.
(b) The legislative rules filed in the state register on
the fifteenth day of August, one thousand nine hundred
ninety-four, 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
sixteenth day of January, one thousand nine hundred
ninety-five, relating to the department of health and human
resources (behavioral health patient rights, 64 CSR 59), are
authorized with the amendments set forth below:
On page 1, section 2.2, in the first line after the word
"enforced" inserting the word "internally", and in the third
line after the word "designee," inserting the words "or
externally by individual action";
On page 2, section 3.8.3, by striking out all of section
3.8.3, and inserting in lieu thereof the following:
"3.8.3. An individual appointed as committee or guardian
prior to June 9, 1994, within the limits set by the appointing
order and W. Va. Code 44A-1-2(d);"
On page 2, section 3.8.4, first sentence by striking out
"in accordance with" following "medical power of attorney," and
inserting the words "pursuant to" and; in the fourth line, by
striking out "power of attorney" and inserting the words "law
and the appointment";
On page 2, section 3.8.5, by inserting a comma after the
word "act", and inserting the words, "Title 42 U.S. Code §301
et seq., within the limits of the payee's legal authority" and
by striking out the word "or" following the semi-colon;
On page 2, section 3.8.6, by striking out the period at
the end of the section and inserting a semi-colon and the
following two sections:
"Section 3.8.7. An individual having a durable power of
attorney pursuant to W. Va. Code §39-4-1, or a power of
attorney under common law, within the limits of the
appointment; or
Section 3.8.8. An individual lawfully appointed in a
similar or like relationship of responsibility for a client
under the laws of this State, or another State or legal
jurisdiction, within the limits of the applicable statute and
appointing authority.";
On page 2, section 3.8.7, by renumbering the section as 3.8.9, and striking out "Wherever this rule sets forth rights
and responsibilities of an individual client, in matters
relating to informed consent for treatment or the withholding
of treatment, record release, authorizations, disclosures of
information, participation in treatment planning, suspension or
restrictions of the individual's rights as granted or
recognized in this rule, or in the laws of this State or of the
United States government, or any other matters relating to the
client's rights," and inserting the words "If a legal
representative has been appointed for or designated by any
client as having the authority to exercise on behalf of the
client one or more of the client's rights under this rule," and
by striking out the word "rights" inserting the words "to
exercise the" in the thirteenth line and inserting in lieu
thereof the word "authority";
And,
On page 3, section 3.8.8, by striking out "section 3.8.10"
and inserting the words "The facility administrator and staff
should note that the various types of legal representatives do
not necessarily have the lawful authority to act on behalf of
the resident in all matters which may require action by a legal
representative. For example, a conservator may have
responsibility for financial affairs, but not personal affairs,
such as medical care."