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Chapter 16     Entire Code


ARTICLE 1. STATE PUBLIC HEALTH SYSTEM.

ARTICLE 1A. UNIFORM CREDENTIALING FOR HEALTH CARE PRACTITIONERS.

ARTICLE 1B. SKILLED NURSING FACILITIES FOR VETERANS OF THE UNITED STATES ARMED FORCES.

ARTICLE 1C. HEALTH CARE PROVIDER TRANSPARENCY ACT.

ARTICLE 2. LOCAL BOARDS OF HEALTH.

ARTICLE 2A. ALTERNATIVE METHOD OF ORGANIZING LOCAL HEALTH AGENCIES.

ARTICLE 2B. FAMILY PLANNING AND CHILD SPACING.

ARTICLE 2C. HOME HEALTH SERVICES.

ARTICLE 2D. CERTIFICATE OF NEED.

ARTICLE 2E. BIRTHING CENTERS.

ARTICLE 2F. PARENTAL NOTIFICATION OF ABORTIONS PERFORMED ON UNEMANCIPATED MINORS.

ARTICLE 2G. SPECIAL SUPPLEMENTARY FOOD PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC).

ARTICLE 2H. PRIMARY CARE SUPPORT PROGRAM.

ARTICLE 2I. WOMEN\'S RIGHT TO KNOW ACT.

ARTICLE 2J. PREVENTIVE CARE PILOT PROGRAM.

ARTICLE 2K. PROGRAMS OF ALL-INCLUSIVE CARE FOR THE ELDERLY, \"PACE\".

ARTICLE 2L. PROVIDER SPONSORED NETWORKS.

ARTICLE 2M. THE PAIN-CAPABLE UNBORN CHILD PROTECTION ACT.

ARTICLE 2N. NEONATAL ABSTINENCE CENTERS.

ARTICLE 2O. UNBORN CHILD PROTECTION FROM DISMEMBERMENT ABORTION ACT.

ARTICLE 3. PREVENTION AND CONTROL OF COMMUNICABLE AND OTHER INFECTIOUS DISEASES.

ARTICLE 3A. REPOSITORY OF INFORMATION ON MEDICAL TREATMENT FOR CERTAIN HAZARDOUS MATERIALS; REQUEST FOR INFORMATION; PENALTIES; ENFORCEMENT.

ARTICLE 3B. PERTUSSIS.

ARTICLE 3C. AIDS-RELATED MEDICAL TESTING AND RECORDS CONFIDENTIALITY ACT.

ARTICLE 3D. TUBERCULOSIS TESTING, CONTROL, TREATMENT AND COMMITMENT.

ARTICLE 4. SEXUALLY TRANSMITTED DISEASES.

ARTICLE 4A. PRENATAL EXAMINATION.

ARTICLE 4B. AUTOPSIES ON BODIES OF DECEASED PERSONS.

ARTICLE 4C. EMERGENCY MEDICAL SERVICES ACT.

ARTICLE 4D. AUTOMATED EXTERNAL DEFIBRILLATORS.

ARTICLE 4E. UNIFORM MATERNAL SCREENING ACT.

ARTICLE 4F. EXPEDITED PARTNER THERAPY.

ARTICLE 5. VITAL STATISTICS.

ARTICLE 5A. CANCER CONTROL.

ARTICLE 5B. HOSPITALS AND SIMILAR INSTITUTIONS.

ARTICLE 5C. NURSING HOMES.

ARTICLE 5D. ASSISTED LIVING RESIDENCES.

ARTICLE 5E. REGISTRATION AND INSPECTION OF SERVICE PROVIDERS IN LEGALLY UNLICENSED HEALTH CARE HOMES.

ARTICLE 5F. HEALTH CARE FINANCIAL DISCLOSURE.

ARTICLE 5G. OPEN HOSPITAL PROCEEDINGS.

ARTICLE 5H. CHRONIC PAIN CLINIC LICENSING ACT.

ARTICLE 5I. HOSPICE LICENSURE ACT.

ARTICLE 5J. CLINICAL LABORATORIES QUALITY ASSURANCE ACT.

ARTICLE 5K. EARLY INTERVENTION SERVICES FOR CHILDREN WITH DEVELOPMENTAL DELAYS.

ARTICLE 5L. LONG-TERM CARE OMBUDSMAN PROGRAM.

ARTICLE 5M. OSTEOPOROSIS PREVENTION EDUCATION ACT.

ARTICLE 5N. RESIDENTIAL CARE COMMUNITIES.

ARTICLE 5O. MEDICATION ADMINISTRATION BY UNLICENSED PERSONNEL.

ARTICLE 5P. SENIOR SERVICES.

ARTICLE 5Q. THE JAMES \"TIGER\" MORTON CATASTROPHIC ILLNESS FUND.

ARTICLE 5R. THE ALZHEIMER\'S SPECIAL CARE STANDARDS ACT.

ARTICLE 5S. OLDER WEST VIRGINIANS ACT.

ARTICLE 5T. OFFICE OF DRUG CONTROL POLICY.

ARTICLE 5U. ARTHRITIS PREVENTION EDUCATION ACT.

ARTICLE 5V. EMERGENCY MEDICAL SERVICES RETIREMENT SYSTEM ACT.

ARTICLE 5W. WEST VIRGINIA OFFICIAL PRESCRIPTION PROGRAM ACT.

ARTICLE 5X. CAREGIVER ADVISE, RECORD AND ENABLE ACT.

ARTICLE 5Y. MEDICATION-ASSISTED TREATMENT PROGRAM LICENSING ACT.

ARTICLE 5Z. COALITION FOR DIABETES MANAGEMENT.

ARTICLE 6. HOTELS AND RESTAURANTS.

ARTICLE 7. PURE FOOD AND DRUGS.

ARTICLE 8. ELECTROLOGISTS.

ARTICLE 8A. NARCOTIC DRUGS.

ARTICLE 8B. DANGEROUS DRUGS ACT.

ARTICLE 9. OFFENSES GENERALLY.

ARTICLE 9A. TOBACCO USAGE RESTRICTIONS.

ARTICLE 9B. IMPLEMENTING TOBACCO MASTER SETTLEMENT AGREEMENT.

ARTICLE 9C. STATE TOBACCO GROWERS\' SETTLEMENT BOARD.

ARTICLE 9D. ENFORCEMENT OF STATUTES IMPLEMENTING TOBACCO MASTER SETTLEMENT AGREEMENT.

ARTICLE 9E. DELIVERY SALES OF TOBACCO.

ARTICLE 9F. COUNTERFEIT CIGARETTES.

ARTICLE 10. UNIFORM DETERMINATION OF DEATH ACT.

ARTICLE 11. SEXUAL STERILIZATION.

ARTICLE 12. SANITARY DISTRICTS FOR SEWAGE DISPOSAL.

ARTICLE 13. SEWAGE WORKS AND STORMWATER WORKS.

ARTICLE 13A. PUBLIC SERVICE DISTRICTS.

ARTICLE 13B. COMMUNITY IMPROVEMENT ACT.

ARTICLE 13D. REGIONAL WATER AND WASTEWATER AUTHORITY ACT.

ARTICLE 13E. COMMUNITY ENHANCEMENT ACT.

ARTICLE 14. BARBERS AND COSMETOLOGISTS.

ARTICLE 15. STATE HOUSING LAW.

ARTICLE 16. HOUSING COOPERATION LAW.

ARTICLE 17. NATIONAL DEFENSE HOUSING.

ARTICLE 18. SLUM CLEARANCE.

ARTICLE 19. ANATOMICAL GIFT ACT.

ARTICLE 20. AIR POLLUTION CONTROL.

ARTICLE 21. BLOOD DONATIONS.

ARTICLE 22. DETECTION AND CONTROL OF PHENYLKETONURIA, GALACTOSEMIA, HYPOTHYROIDISM, AND CERTAIN OTHER DISEASES IN NEWBORN CHILDREN.

ARTICLE 22A. TESTING OF NEWBORN INFANTS FOR HEARING IMPAIRMENTS.

ARTICLE 22B. BIRTH SCORE PROGRAM.

ARTICLE 23. TRANSFUSION OF BLOOD; TRANSPLANTING HUMAN ORGANS OR TISSUE.

ARTICLE 24. STATE HEMOPHILIA PROGRAM.

ARTICLE 25. DETECTION OF TUBERCULOSIS, HIGH BLOOD PRESSURE AND DIABETES.

ARTICLE 26. WEST VIRGINIA SOLID WASTE MANAGEMENT BOARD.

ARTICLE 27. STORAGE AND DISPOSAL OF RADIOACTIVE WASTE MATERIALS.

ARTICLE 27A. BAN ON CONSTRUCTION OF NUCLEAR POWER PLANTS.

ARTICLE 28. ASSISTANCE TO KOREAN AND VIETNAM VETERANS EXPOSED TO CERTAIN CHEMICAL DEFOLIANTS OR HERBICIDES OR OTHER CAUSATIVE AGENTS, INCLUDING AGENT ORANGE.

ARTICLE 29. HEALTH CARE RECORDS.

ARTICLE 29A. WEST VIRGINIA HOSPITAL FINANCE AUTHORITY ACT.

ARTICLE 29B. HEALTH CARE AUTHORITY.

ARTICLE 29C. INDIGENT CARE.

ARTICLE 29D. STATE HEALTH CARE.

ARTICLE 29E. LEGISLATIVE OVERSIGHT COMMISSION ON HEALTH AND HUMAN RESOURCES ACCOUNTABILITY.

ARTICLE 29F. UNINSURED AND UNDERINSURED PILOT PROGRAMS.

ARTICLE 29G. WEST VIRGINIA HEALTH INFORMATION NETWORK.

ARTICLE 29H. INTERAGENCY HEALTH COUNCIL.

ARTICLE 29I. WEST VIRGINIA HEALTH CARE AUTHORITY REVOLVING LOAN AND GRANT FUND.

ARTICLE 30. WEST VIRGINIA HEALTH CARE DECISIONS ACT.

ARTICLE 30A. MEDICAL POWER OF ATTORNEY.

ARTICLE 30B. HEALTH CARE SURROGATE ACT.

ARTICLE 30C. DO NOT RESUSCITATE ACT.

ARTICLE 31. COMMUNITY RIGHT TO KNOW.

ARTICLE 32. ASBESTOS ABATEMENT.

ARTICLE 33. BREAST AND CERVICAL CANCER PREVENTION AND CONTROL ACT.

ARTICLE 34. LICENSURE OF RADON MITIGATORS, TESTERS, CONTRACTORS AND LABORATORIES.

ARTICLE 35. LEAD ABATEMENT.

ARTICLE 36. NEEDLESTICK INJURY PREVENTION.

ARTICLE 37. BODY PIERCING STUDIO BUSINESS.

ARTICLE 38. TATTOO STUDIO BUSINESS.

ARTICLE 39. PATIENT SAFETY ACT.

ARTICLE 40. STATEWIDE BIRTH DEFECTS INFORMATION SYSTEM.

ARTICLE 41. ORAL HEALTH IMPROVEMENT ACT.

ARTICLE 42. COMPREHENSIVE BEHAVIORAL HEALTH COMMISSION.

ARTICLE 43. ENGINE COOLANT AND ANTIFREEZE.

ARTICLE 44. THE PULSE OXIMETRY NEWBORN TESTING ACT.

ARTICLE 45. TANNING FACILITIES.

ARTICLE 46. ACCESS TO OPIOID ANTAGONISTS ACT.

ARTICLE 47. ALCOHOL AND DRUG OVERDOSE PREVENTION AND CLEMENCY ACT.

ARTICLE 48. WEST VIRGINIA ABLE ACT.

ARTICLE 49. WEST VIRGINIA CLEARANCE FOR ACCESS: REGISTRY AND EMPLOYMENT SCREENING ACT.

ARTICLE 50. EPINEPHRINE AUTO-INJECTOR AVAILABILITY AND USE.

ARTICLE 51. RIGHT TO TRY ACT.

ARTICLE 52. COALITION FOR RESPONSIBLE PAIN MANAGEMENT.

ARTICLE 53. ESTABLISHING ADDITIONAL SUBSTANCE ABUSE TREATMENT FACILITIES.

ARTICLE 54. OPIOID REDUCTION ACT.

ARTICLE 54. STATE ADVISORY COALITION ON PALLIATIVE CARE.

ARTICLE 56. TOBACCO CESSATION THERAPY ACCESS ACT.

ARTICLE 57. Sudden Cardiac Arrest Prevention Act.

ARTICLE 58. FAMILY PLANNING ACCESS ACT.

ARTICLE 13C. DRINKING WATER TREATMENT REVOLVING FUND ACT.

§16-13C-1. Definitions.

Unless the context in which used clearly requires a different meaning, as used in this article:

(1) "Authority" means the water development authority provided for in section four, article one, chapter twenty-two-c of this code.

(2) "Capacity development" means the technical, managerial and financial capability of a public water system.

(3) "Cost" means the cost of all labor, materials, machinery, equipment, lands, property, rights and easements, plans and specifications and all other expenses necessary or incident to the acquisition, construction, improvement, expansion, extension, repair or rehabilitation of all or part of a project.

(4) "Disadvantaged community" means the service area of a public water system that meets affordability criteria established after public review and comment by the state.

(5) "Federal safe drinking water act" means the federal statute commonly known as the "Safe Drinking Water Act", 42 U.S.C. 300f et seq., as enacted, amended, and as may be subsequently amended.

(6) "Fund" means the West Virginia drinking water treatment revolving fund created in this article.

(7) "Instrumentality" means the division of health which has the primary responsibility for administering the fund and this article pursuant to requirements of the federal safe drinking water act.

(8) "Local entity" means any municipality, public utility, or person, including any individual, firm, partnership, association, not-for-profit corporation or other corporation organized and existing under the laws of the state which may construct and operate an eligible project.

(9) "Public water system" means that term as defined in section nine-a, article one, chapter sixteen of the code.

(10) "Project" means a project for improving a drinking water system for the purpose of achieving or maintaining compliance with applicable state and federal drinking water regulations.

(11) "Set-aside accounts" means those accounts that shall be set up for activities required by the federal Safe Drinking Water Act and the moneys for these accounts may be taken from the federal capitalization grant for these nonproject activities before the capitalization grant is deposited into the fund.

(12) "Small system" means a public water system serving ten thousand or fewer persons.

§16-13C-2. Designation of division of health as state instrumentality; rules; small systems; disadvantaged communities.

(a) The division of health shall act as the instrumentality that is hereby empowered to enter into capitalization agreements with the United States Environmental Protection Agency, to accept capitalization grant awards made under the federal safe drinking water act, and to direct the administration and management of the drinking water treatment revolving fund created in this article in accordance with the requirements of federal law.

(b) The division of health shall propose rules for legislative approval in accordance with provisions of article three, chapter twenty-nine-a of the code for the purpose of effecting the administration of the provisions of this article. The rules shall include, but are not limited to, establishing requirements for: (1) Capacity development; (2) environmental review; (3) disadvantaged community designation; (4) receipt and disbursement of fund moneys; and (5) establishment of a drinking water treatment revolving fund program to direct the financial management of the fund to water systems and establish the interest rates and repayment terms of the loans.

(c) Two percent of the annual federal capitalization grants made to this state shall be utilized to provide technical assistance services for small systems to assist those systems in maintaining compliance with the federal safe drinking water act. The division of health shall enter into contracts to provide technical assistance services for small systems with such nonprofit organizations that: (1) Have a membership that represent at least twenty-five percent of the small systems of this state; and (2) have at least five years experience in providing on-site technical assistance to small systems.

(d) The division of health shall, in accordance with the provisions of the federal safe drinking water act, establish a program for loan subsidies to disadvantaged communities. Thirty percent of the annual federal capitalization grants made to this state shall be dedicated to the funding of projects for disadvantaged communities.

§16-13C-3. Drinking water treatment revolving fund; duties of division of health and water development authority; set-aside accounts.

(a) There is continued in the office of the State Treasurer a permanent and perpetual special fund to be known as the "West Virginia drinking water treatment revolving fund". The fund shall be administered and managed in accordance with the provisions of the federal Safe Drinking Water Act. The division of health may draw all or a portion of those moneys available under capitalization agreements and with the capitalization grant awards from the United States environmental protection agency under the federal Safe Drinking Water Act and to deposit such moneys into the fund and the set-aside accounts.

(b) The fund, less the set-aside account moneys, shall be administered and managed by the water development authority under the direction of the division of health. The fund shall be comprised of moneys appropriated to the fund by the Legislature, moneys allocated to the state by the federal government expressly for the purpose of establishing and maintaining a drinking water treatment revolving fund and set-aside accounts, all receipts from loans made from the fund, all income from the investment of moneys held in the fund, and all other sums designated for deposits to the fund from any source, public or private. Moneys in the fund shall be used solely to make loans or provide other allowable financial assistance to eligible projects for public water systems, as described in the federal Safe Drinking Water Act.

(c) In order to carry out the administration and management of the fund, the authority and the division of health are authorized to employ officers, employees, agents, advisors and consultants, including attorneys, financial advisors, engineers, other technical advisors and public accountants, and notwithstanding any provisions of this code to the contrary, to determine their duties and compensation without the approval of any other agency or instrumentality.

(d) The authority shall propose legislative rules for promulgation in accordance with the provisions of article three, chapter twenty-nine-a of this code to govern the pledge of loans to secure bonds of the authority.

(e) Disbursements from the fund shall be authorized for payment by the director of the authority or the director's designee. Moneys in the fund shall not be commingled with other money of the authority. If not needed for immediate use or disbursement, moneys in the fund may be invested or reinvested by the authority in obligations or securities which are considered lawful investments for public funds under this code.

(f) Pursuant to the provisions of the federal Safe Drinking Water Act, set-aside accounts shall be set up in accounts separate from the drinking water treatment revolving fund. These set-aside accounts shall include, but not be limited to, administration costs, source water protection, operator training and certification, technical assistance to systems, local assistance, and other state activities permitted by the federal Safe Drinking Water Act. The division of health shall establish and administer the set-aside accounts as permitted by the federal Safe Drinking Water Act. An application fee may be charged and deposited into the administrative account to defray the cost of administering the program.

§16-13C-4. Management of funds.

The authority shall manage the funds received pursuant to the provisions of this article for accounting purposes. The authority shall cause an audit of its books and accounts to be made at least once each fiscal year and the cost thereof may be defrayed as administrative expense under provisions of this article. The audit shall be conducted by a certified public accountant and provide an Auditor's opinion on the fund financial statements, a report on the internal controls and a report prepared in compliance with the provisions of the drinking water treatment revolving fund.

§16-13C-5. Remedies to enforce payment.

(a) In order to ensure the timely payment of all sums due and owing to the fund under a revolving fund loan agreement made between the state and a local entity, and notwithstanding any provisions of this code to the contrary, the authority has and may, at its option, exercise the following rights and remedies in the event of any default by a local entity under a loan agreement:

(1) The authority may directly impose, in its own name and for its own benefit, service charges upon all users of a project funded by a loan distributed to a local entity pursuant to this article, and may proceed directly to enforce and collect the service charges, together with all necessary costs of the enforcement and collection.

(2) The authority may exercise, in its own name or in the name of and as the agent for a particular local entity, all of the rights, powers and remedies of the local entity with respect to the project or which may be conferred upon the local entity by statute, rule, regulation or judicial decision, including all rights and remedies with respect to users of the project funded by the loan distributed to that local entity pursuant to this article.

(3) The authority may, by civil action, mandamus or other judicial or administrative proceeding, compel performance by a local entity of all the terms and conditions of the loan agreement between the state and that local entity including:

(A) The adjustment of service charges as required to repay the loan or otherwise satisfy the terms of the loan agreement;

(B) The enforcement and collection of service charges; and

(C) The enforcement by the local entity of all rights and remedies conferred by statute, rule, regulation or judicial decision.

(b) The rights and remedies enumerated in this article are in addition to rights and remedies conferred upon the authority by law or pursuant to the loan agreement.

§16-13C-6. Construction of article.

The provisions of this article shall be liberally construed to the end that its beneficial purposes may be effected. Insofar as the provisions of this article are inconsistent with the provisions of any other general, special or local law, the provisions of this article are controlling.

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