SB171 SUB1 Senate Bill 171 History

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Senate Bill No. 171

(By Senators Miller, Foster, Helmick, Plymale, Hall, Unger, Jenkins, Stollings and Wills)


[Originating in the Committee on Health and Human Resources;

reported January 18, 2012.]




A BILL to amend and reenact §16-5P-6 of the Code of West Virginia, 1931, as amended, relating generally to the creation of an in-home direct care worker registry; clarifying the duties of the Commissioner of the Bureau of Senior Services as executive and administrative head of the Bureau of Senior Services; requiring the Bureau of Senior Services to develop and maintain an in-home direct care worker registry; and granting rule-making authority.

Be it enacted by the Legislature of West Virginia:

    That §16-5P-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:


§16-5P-6. Powers and duties generally.

    The commissioner shall be is the executive and administrative head of the bureau and shall have has the power and duty to:

    (a) Exercise general supervision of the bureau;

    (b) Propose legislative rules for the effective and expeditious performance and discharge of the duties and responsibilities placed upon the commissioner by law;

    (c) Conduct and coordinate studies of the problems of the state's older people;

    (d) Encourage and promote the establishment of local programs and services for the aging;

    (e) Conduct programs of public education on the problems of the aging;

    (f) Review state programs for the aging and annually make recommendations to the Governor and the Legislature;

    (g) Encourage and assist governmental and private agencies to coordinate effective efforts on behalf of the aging;

    (h) Coordinate statewide local and voluntary efforts to serve the aging and develop programs at the local level;

    (I) Supervise fiscal management and responsibilities of the bureau;

    (j) Keep an accurate and complete record of all bureau proceedings, record and file all bonds and contracts and assume responsibility for the custody and preservation of all papers and documents of the bureau;

    (k) Submit an annual report to the Governor on the condition, operation and functioning of the bureau;

    (l) Invoke any legal or special remedy for the enforcement of orders or the provisions of this chapter;

    (m) Standardize administration, expedite bureau business, revise rules and promote the efficiency of the service;

    (n) Provide a program of continuing professional, technical and specialized instruction for the personnel of the bureau and local service providers; and

    (o) Receive on behalf of the state any grant or gift and accept the same, so that the title shall pass to the state. All moneys from grants or gifts shall be deposited with the State Treasurer in a special fund and shall be used for the purposes set forth in the grant or gift.

    (p) Create and maintain a registry of certified in-home direct care workers that details qualifications and experience of in-home direct care workers in West Virginia. The bureau shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, to establish the following: (1)the definition of “in-home direct care worker” and (2) the requirements for certification as an “in-home direct care worker”, including educational requirements and the completion of a criminal background check.

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