H. B. 2463


(By Mr. Speaker, Mr. Kiss, By Request)
[Introduced March 10, 1997; referred to the
Committee on Government Organization then Finance.]




A BILL to amend and reenact section six, article four-c, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring the commissioner of health to provide emergency medical services personnel with immunizations against hepatitis-B and other blood borne pathogens; notification and recording requirements.

Be it enacted by the Legislature of West Virginia:
That section six, article four-c, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 4C. EMERGENCY MEDICAL SERVICES ACT.

§16-4C-6. Powers and duties of commissioner.
The commissioner shall have the following powers and duties:
(a) In accordance with chapter twenty-nine-a of this code, to propose rules regarding the age, training, retraining, testing, certification and recertification of emergency medical service personnel: Provided, That the commissioner may not propose any rule required by the provisions of this article until it has been submitted for review to the emergency medical services advisory council and this council has had at least thirty days to review such the proposed rule. The council may take no action unless a quorum is present;
(b) To apply for, receive and expend advances, grants, contributions and other forms of assistance from the state or federal government or from any private or public agencies or foundations to carry out the provisions of this article;
(c) To design, develop and annually review a statewide emergency medical services implementation plan. The plan shall recommend aid and assistance and all other acts necessary to carry out the purposes of this article:
(1) To encourage local participation by area, county and community officials and regional emergency medical services boards of directors; and
(2) To develop a system for monitoring and evaluating emergency medical services programs throughout the state;
(d) To provide professional and technical assistance and to make information available to regional emergency medical services boards of directors and other potential applicants or program sponsors of emergency medical services for purposes of developing and maintaining a statewide system of services;
(e) To assist local government agencies, regional emergency medical services boards of directors and other public or private entities in obtaining federal, state or other available funds and services;
(f) To cooperate and work with federal, state and local governmental agencies, private organizations and other entities as may be necessary to carry out the purposes of this article;
(g) To acquire in the name of the state by grant, purchase, gift, devise or any other methods appropriate real and personal property as may be reasonable and necessary to carry out the purposes of this article;
(h) To make grants and allocations of funds and property so acquired or which may have been appropriated to the agency to other agencies of state and local government as may be appropriate to carry out the purposes of this article;
(i) To expend and distribute by grant or bailment funds and property to all state and local agencies for the purpose of performing the duties and responsibilities of the agency all funds which it may have so acquired or which may have been appropriated by the Legislature of this state;
(j) To develop a program to inform the public concerning emergency medical services;
(k) To review and disseminate information regarding federal grant assistance relating to emergency medical services;
(l) To prepare and submit to the governor and Legislature recommendations for legislation in the area of emergency medical services;
(m) To review, make recommendations for and assist in all projects and programs that provide for emergency medical services whether or not the projects or programs are funded through the office of emergency medical services. A review and approval shall be required for all emergency medical services projects, programs or services for which application is made to receive state or federal funds for their operation after the effective date of this act; and
(n) To take all necessary and appropriate action to encourage and foster the cooperation of all emergency medical service providers and facilities within this state; and
(o) To provide emergency medical services personnel with immunizations against hepatitis-B and other blood borne pathogens, administered by local departments of health at no cost, with notification and recording of the immunizations by local departments of health as set forth in section three, article two-a of this chapter.
Nothing in this article may be construed to allow the commissioner to dissolve, invalidate or eliminate any existing emergency medical service program or ambulance providers in service at the time of adoption of the amendment to this article in the regular session of the Legislature in the year one thousand nine hundred eighty-four, or to deny them fair access to federal and state funding, medical facilities and training programs.


NOTE: The purpose of this bill is to require the commissioner of health to provide emergency medical services personnel with immunizations against hepatitis-B and other blood borne pathogens at no cost through the local departments of health.

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