COMMITTEE SUBSTITUTE

FOR

H. B. 4205

(By Delegates Mahan, R. Thompson, Cann,

Kominar, Armstead and Faircloth )

(Originating in the Committee on the Judiciary)


[February 27, 2004]


 A
BILL to amend and reenact article 5, chapter 64 of the code of West Virginia, 1931, as amended; all relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or 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 certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee and as amended by the legislature; authorizing the department of health and human resources to promulgate a legislative rule relating to eligibility standards for economic assistance from the James "Tiger" Morton catastrophic illness fund ; authorizing the division of health to promulgate a legislative rule relating to assisted living residences ; authorizing the division of health to promulgate a legislative rule relating to cross connection and backflow prevention ; authorizing the division of health to promulgate a legislative rule relating to the certification of backflow prevention assembly testers ; authorizing the division of health to promulgate a legislative rule relating to the state-wide trauma/emergency care system ; authorizing the division of health to promulgate a legislative rule relating to public water systems ; authorizing the division of health to promulgate a legislative rule relating to childhood lead screening ; authorizing the division of health to promulgate a legislative rule relating to fees for services ; authorizing the division of health to promulgate a legislative rule relating to residential board and care homes ; and authorizing the division of health to promulgate a legislative rule relating to the birth defects information system .

Be it enacted by the Legislature of West Virginia:
That article 5, chapter 64 of the code of West Virginia, 1931, 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. Department of health and human resources.
The legislative rule filed in the state register on the eighth day of July, two thousand three, authorized under the authority of section two, article five-q, chapter sixteen, of this code, 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 second day of December, two thousand three, relating to the department of health and human resources (eligibility standards for economic assistance from the James "Tiger" Morton catastrophic illness fund, 72 CSR 1), is authorized.
§64-5-2. Division of health.
(a) The legislative rule filed in the state register on the twenty-fourth day of July, two thousand three, authorized under the authority of section five, article five-d, 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 eighth day of December, two thousand three, relating to the division of health (assisted living residences, 64 CSR 14), is authorized.
(b) The legislative rule filed in the state register on the twenty-second day of July, two thousand three, 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 December, two thousand three, relating to the division of health (cross connection and backflow prevention, 64 CSR 15), is authorized.
(c) The legislative rule filed in the state register on the twenty-second day of July, two thousand three, 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 December, two thousand three, relating to the division of health (certification of backflow prevention assembly testers, 64 CSR 25), is authorized
with the following amendment:
"On page two, section four, following subdivision 4.1.b., by striking the remainder of the subsection and inserting the following:
'and
4.1.c. Either:
4.1.c.1. Complete and pass all parts of an approved forty (40) hour course of instruction in theory, design, performance, testing and maintenance of backflow prevention assemblies; or
4.1.c.2. Meet re-certification, reinstatement or reciprocity requirements, as provided in sections 7 or 8 of this rule.' ."
 (d) The legislative rule filed in the state register on the thirty-first day of July, two thousand three, authorized under the authority of section nine-c, article seven-b, chapter fifty-five, 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 eighth day of December, two thousand three, relating to the division of health (state-wide trauma/emergency care system, 64 CSR 27), is authorized.
(e) The legislative rule filed in the state register on the eleventh day of July, two thousand three, authorized under the authority of section four, article one, chapter sixteen, of this code, relating to the division of health (public water systems, 64 CSR 3), is authorized.
(f) The legislative rule filed in the state register on the twenty-eighth day of July, two thousand three, authorized under the authority of section four-a, article thirty-five, 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 eighth day of December, two thousand three, relating to the division of health (childhood lead screening, 64 CSR 42), is authorized with the following amendment:
"On page two, section three, line five, following the word "Screening" and the dash, by striking out the remainder of the sentence and inserting in lieu thereof the following: "The assessment of a child's environment and social conditions to determine risk for lead poisoning.";
On page two, section four, line nine, following the words "years for" by inserting the words "risk of";
On page two, section four, line twelve, following the word "screened", by inserting the words "using a risk assessment";
On page two, section four, line thirteen, following the word "age", by striking out the words "shall be screened";
On page two, section four, line fifteen, following the word "lead", by inserting the words "risk assessment";
On page two, section four, line seventeen, following the word "conducted", by striking out the comma and inserting the word "and";
On page two, section four, line seventeen, following the word "name", by striking out the remainder of the sentence.
On page two, section four, following line seventeen, by inserting the following:
"4.1.c. If a child is determined to be at risk for lead poisoning, the health care provider shall perform or authorize a blood test to identity the blood lead level."
On page three, section six, line eight, following the word "quarterly", by inserting the word "testing";
On page three, section six, line eight, following the word "results", by striking out the words "of the screening"; and
On page three, section seven, line thirteen, following the word "child's", by inserting the word "name" and a comma;.".
(g) The legislative rule filed in the state register on the first day of August, two thousand three, 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 eighth day of December, two thousand three, relating to the division of health (fees for services, 64 CSR 51), is authorized.
(h) The legislative rule filed in the state register on the twenty-fifth day of July, two thousand three, authorized under the authority of section five, article five-d, chapter sixteen, of this code, relating to the division of health (residential board and care homes, 64 CSR 65), is authorized.
(i) The legislative rule filed in the state register on the twenty-fifth day of July, two thousand three, authorized under the authority of section seven, article forty, 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 eighth day of December, two thousand three, relating to the division of health (birth defects information system, 64 CSR 81), is authorized.