H.B. 4198

(By Delegates Douglas, Compton, J. Martin,

Fleischauer and Petersen)

(Originating in the House Committee on Finance)

[February 27, 1996]

A Bill to amend chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article five-m, relating to public health; creating the "Osteoporosis Prevention Education Act"; providing a short title; providing for the establishment of an osteoporosis prevention and treatment education program and the components thereof; and requiring the bureau of public health to establish strategies to promote and maintain an osteoporosis prevention education program; establishing an interagency council on osteoporosis; appointing representatives; and establishing the duties of the council.

Be it enacted by the Legislature of West Virginia:
That chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article five-m, to read as follows:
§16-5M-1. Short title.
This article may be known and cited as the "West Virginia Osteoporosis Prevention Education Act."
§16-5M-2. Responsibilities of bureau of public health.
(a) The bureau of public health shall establish strategies to promote and maintain an osteoporosis prevention education program in order to raise public awareness, educate consumers and educate and train health professionals, teachers and human service providers, to include the following components:
(1) The bureau shall develop strategies for raising public awareness of the causes and nature of osteoporosis, personal risk factors, value of prevention and early detection and options for diagnosing and treating the disease that include, but are not limited to, the following:
(A) Community forums;
(B) Health information and risk factor assessment at public events;
(C) Targeting at-risk populations;
(D) Providing reliable information to policymakers; and
(E) Distributing information through county health departments, schools, area agencies on aging, employer wellness programs, physicians, hospitals and health maintenance organizations, women's groups, nonprofit organizations, community-based organizations and departmental offices;
(2) The bureau shall develop strategies for educating consumers about risk factors, diet and exercise, diagnostic procedures andtheir indications for use, risks and benefits of drug therapies currently approved by the United States Food and Drug Administration, environmental safety and injury prevention and the availability of self-help diagnostic, treatment and rehabilitation services;
(3) The bureau may develop strategies for educating physicians and health professionals and training community service providers on the most up-to-date, accurate scientific and medical information on osteoporosis prevention, diagnosis and treatment, therapeutic decision-making, including guidelines for detecting and treating the disease in special populations, risks and benefits of medications and research advances;
(4) The bureau may conduct a needs assessment to identify:
(A) Research being conducted within the state;
(B) Available up-to-date technical assistance and educational materials and programs nationwide;
(C) The level of public and professional awareness about osteoporosis;
(D) The needs of osteoporosis patients, their families and caregivers;
(E) The needs of health care providers, including physicians, nurses, managed care organizations and other health care providers;
(F) The services available to the osteoporosis patient;
(G) Existence of osteoporosis treatment programs;
(H) Existence of osteoporosis support groups;
(I) Existence of rehabilitation services; and
(J) Number and location of bone density testing equipment; and
(5) The bureau may replicate and use successful osteoporosis programs and enter into contracts and purchase materials or services from organizations with appropriate expertise and knowledge of osteoporosis for such services and materials.
(b) Based on the needs assessment conducted pursuant to this section, the bureau may develop and maintain a resource guide to include osteoporosis related services. This guide shall include a description of diagnostic testing procedures, appropriate indications for their use, drug therapies currently approved by the United States Food and Drug Administration, and a cautionary statement about the current status of osteoporosis research, prevention and treatment. Such a statement shall also indicate that the bureau does not license, certify, or in any way approve osteoporosis programs or centers in the state.
(c) The bureau may promulgate rules in accordance with the provisions of chapter twenty-nine-a of this code necessary to implement the provisions of this article.
(d) Nothing in this article may be construed or interpreted to mean that osteoporosis treatment or osteoporosis education are required to be provided by the bureau or the council created in section four of this article. Nothing contained in this article may be construed to mandate funding for osteoporosis education or any of the programs contained in this article or to require any appropriation by the legislature.
§16-5M-3. Interagency council on osteoporosis.
(a) There is hereby established the interagency council on osteoporosis. The director of public health shall chair the council. The council shall have representatives from appropriate state departments and agencies including, but not limited to, the entities with responsibility for aging, health care reform implementation, education, public welfare and women's programs.
(b) The council shall:
(1) Coordinate osteoporosis programs conducted by or through the department;
(2) Establish a mechanism for sharing information on osteoporosis among all officials and employees involved in carrying out osteoporosis-related programs;
(3) Review and coordinate the most promising areas of education, prevention and treatment concerning osteoporosis;
(4) Assist the department and other offices in developing and coordinating plans for education and health promotion on osteoporosis;
(5) Establish mechanisms to use the results of research concerning osteoporosis in the development of relevant policies and programs; and
(6) Prepare a report that describes educational initiatives on osteoporosis and transmit the report to the Legislature and the governor and make the report available to the public.
(c) The council shall establish and coordinate the advisory panel on osteoporosis which will provide nongovernmental input regarding the program. Membership shall include, but is notlimited to, persons with osteoporosis, public health educators, osteoporosis experts, providers of osteoporosis health care, persons knowledgeable in health promotion and education and representatives of national osteoporosis organizations or their state and regional affiliates.