ENROLLED
REVISED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 329
(Senators Ross, Minard,
Snyder, Boley and Minear, original sponsors)
__________
[Passed March 8, 2003; in effect from passage.]
__________
AN ACT to amend and reenact article nine, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one,
as amended, relating generally to the promulgation of
administrative rules by the various executive or
administrative agencies and the procedures relating thereto;
continuing rules previously promulgated by state agencies and
boards; legislative mandate or authorization for the
promulgation of certain legislative rules; 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 commissioner of agriculture to
promulgate legislative rule relating to inspection of meat and
poultry; authorizing contractor licensing board to promulgate
legislative rule relating to contractor licensing act;
authorizing courthouse facilities improvement authority to
promulgate legislative rule relating to authority; authorizing
board of dental examiners to promulgate legislative rule
relating to board; authorizing board of dental examiners to
promulgate legislative rule relating to formation and approval
of dental corporations; authorizing family protection services
board to promulgate legislative rule relating to operation of
board; authorizing family protection services board to
promulgate legislative rule relating to licensure of domestic
violence and perpetrator intervention programs; authorizing
family protection services board to promulgate legislative
rule relating to perpetrator intervention program licensure;
authorizing family protection services board to promulgate
legislative rule relating to monitored visitation and exchange
program certification; authorizing board of funeral service
examiners to promulgate legislative rule relating to board; authorizing board of funeral service examiners to promulgate
legislative rule relating to crematory requirements;
authorizing governor's committee on crime, delinquency and
correction to promulgate legislative rule relating to law-
enforcement training standards; authorizing governor's
committee on crime, delinquency and correction to promulgate
legislative rule relating to community corrections standards;
authorizing massage therapy licensure board to promulgate
legislative rule relating to board; authorizing board of
medicine to promulgate legislative rule relating to licensure,
disciplinary and complaint procedures, continuing education
and physician assistants; authorizing nursing home
administrators licensing board to promulgate legislative rule
relating to nursing home administrators; authorizing board of
optometry to promulgate legislative rule relating to licensure
by endorsement; authorizing board of pharmacy to promulgate
legislative rule relating to pharmacist recovery networks;
authorizing board of pharmacy to promulgate legislative rule
relating to controlled substances monitoring; authorizing
radiologic technology board of examiners to promulgate
legislative rule relating to board; authorizing real estate
appraiser licensing and certification board to promulgate
legislative rule relating to requirements for licensure and
certification; authorizing real estate appraiser licensing and certification board to promulgate legislative rule relating to
renewal of licensure and certification; authorizing real
estate commission to promulgate legislative rule relating to
requirements in licensing real estate brokers, associate
brokers and salespersons and conduct of brokerage businesses;
authorizing real estate commission to promulgate legislative
rule relating to schedule of fees; authorizing real estate
commission to promulgate legislative rule relating to
requirements in approval and registration of real estate
courses, course providers and instructors; authorizing
secretary of state to promulgate legislative rule relating to
registry for notification of state of emergency; authorizing
board of veterinary medicine to promulgate legislative rule
relating to standards of practice; and authorizing board of
veterinary medicine to promulgate legislative rule relating to
schedule of fees.
Be it enacted by the Legislature of West Virginia:
That article nine, chapter sixty-four of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted to read as follows:
ARTICLE 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND BOARDS TO
PROMULGATE LEGISLATIVE RULES.
§64-9-1. Commissioner of agriculture.
The legislative rule filed in the state register on the twenty-second day of July, two thousand two, authorized under the
authority of section three, article two-b, chapter nineteen of this
code, relating to the commissioner of agriculture (inspection of
meat and poultry, 61 CSR 16), is authorized.
§64-9-2. Contractor licensing board.
The legislative rule filed in the state register on the ninth
day of July, two thousand two, authorized under the authority of
sections five and sixteen, article eleven, chapter twenty-one of
this code, modified by the contractor licensing board to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the fourth day of December, two
thousand two, relating to the contractor licensing board (West
Virginia contractor licensing act, 28 CSR 2), is authorized with
the following amendment:
"On page nine, section four, subsection 4.1, following the
last semicolon by inserting the following 'or any commercial
property intended for sale or lease by an entity other than the
employer where the total cost of the total undertaking, labor and
materials, exceeds ten thousand dollars ($10,000.00);'"
§64-9-3. Courthouse facilities improvement authority.
The legislative rule filed in the state register on the
twenty-fifth day of July, two thousand two, under the authority of
section three-a, article twenty-six, chapter twenty-nine of this
code, modified by the courthouse facilities improvement authority to meet the objections of the legislative rule-making review
committee and refiled in the state register on the nineteenth day
of September, two thousand two, relating to the courthouse
facilities improvement authority (courthouse facilities improvement
authority, 203 CSR 1), is authorized with the following amendment:
"On page one, subsection 3.4, after the words "the Authority
shall" by striking out the words "make a written recommendation"
and inserting in lieu thereof the words "issue a written
notification".
§64-9-4. Board of dental examiners.
(a) The legislative rule filed in the state register on the
fifth day of April, two thousand two, under the authority of
section one, article four, chapter thirty of this code, modified by
the board of dental examiners to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the first day of November, two thousand two, relating
to the board of dental examiners (general provisions, 5 CSR 1), is
authorized with the following amendment:
"Beginning on page eleven, section eight, subsection 8.2, by
striking subdivisions (d), (e), (i), (j), (k), (l), (n), (p), (q),
(r), (s),(t),(u),(y),(z),(aa),(bb),(cc), and (dd);
And,
Beginning on page thirteen, section eight, subsection 8.3 by
striking the entire subsection and inserting the following:
'8.3 Expanded duties of dental hygienists. In addition to
and including those duties set forth in subsection 8.2 of this
section, a licensed dentist may assign the following duties and /or
intraoral tasks assigned by a licensed dentist to a dental
hygienist in the licensed dentist's employment:
(a). Supra and Subgingival scaling of teeth;
(b). Placement of subgingival medicaments, fibers, chips,
etc.;
(b) (c). Polishing of coronal and/or exposed surfaces of
teeth;
(c). Dental Health Education;
(d). Nutritional Counseling;
(e). Application of caries preventive agents and other
topical medicaments to the surfaces of teeth and surrounding
tissues (including topical anesthesia);
(f). Placing, exposing, developing, and mounting dental
radiographs;
(g). Finishing and polishing amalgams, resin, composite, and
silicate restorations;
(h). Examining and recording periodontal findings;
(h). Scaling excessive cement from the surfaces of teeth and
restorations;
(i). Performing clinical examinations and diagnostic test of
teeth and surrounding tissues and recording findings for interpretation by a dentist (includes such procedures as
restorative chartings, caries activity test, cytology smears,
salivary analysis and smears, endodontic cultures, vitality test,
etc.);
(j). Removing soft tissue dressings;
(j). Removing ligature wires;
(k). Preparing medical and dental histories for interpretation
by a dentist;
(l). Placing and removing rubber dams;
(m) (l). Taking intra and extra-oral photographs; and
(n) (m). Removing oral sutures.
(o) (n). Applying pit and fissure sealants with a final
evaluation by the supervising dentist;
(o). Using a power-driven handpiece with a rubber cup or
brush only for preparing a tooth for accepting a restoration or
appliance.
(p). Examining and recording periodontal findings.'"
(b) The legislative rule filed in the state register on the
tenth day of May, two thousand two, under the authority of section
one, article four, chapter thirty of this code, modified by the
board of dental examiners to meet the objections of the legislative
rule-making review committee and refiled in the state register on
the twenty-eighth day of May, two thousand two, relating to the
board of dental service examiners (formation and approval of dental corporations, 5 CSR 6), is authorized with the following amendment:
"On page one, section three, subsection one, after the words
'shall have as a', by striking the word 'member' and inserting in
lieu thereof the word 'shareholder';
On page one, section three, subsection four, after the words
'on or before the', by striking the words 'first day of July' and
inserting in lieu thereof the words 'thirtieth day of June' and
after the word 'every' by striking the word 'member' and inserting
in lieu thereof the word 'shareholder';
On page one, section three, subsection five, after the words
'on or before the', by striking the words 'first day of July' and
inserting in lieu thereof the words 'thirtieth day of June';
And,
On page one, section three, subsection seven, on each of the
three occasions that the word 'member' appears, by striking the
word 'member' and inserting in lieu thereof the word
'shareholder'."
§64-9-5. Family protection services board.
(a)
The legislative rule filed in the state register on the
twenty-sixth day of July, two thousand two, under the authority of
section four hundred one, article twenty-six, chapter forty-eight
of this code, modified by the family protection services board to
meet the objections of the legislative rule-making review committee
and refiled in the state register on the tenth day of January, two thousand three, relating to the family protection services board
(operation of the family protection services board, 191 CSR 1), is
authorized with the following amendments:
"On page three, section three, by inserting a new subsection
to read as follows:
'3.11 "Partner Agencies" means state and community
organizations whose mission and purpose require their response to
the needs of victims of domestic violence and their children.", and
by renumbering the remaining subsections accordingly,
And,
On page eight, section five, subsection six, subdivision c,
following the words 'fifteen (15) days', by inserting the words
'after the receipt of the notice'."
(b) The legislative rule filed in the state register on the
twenty-sixth day of July, two thousand two, under the authority of
section four hundred one, article twenty-six, chapter forty-eight
of this code, modified by the family protection services board to
meet the objections of the legislative rule-making review committee
and refiled in the state register on the tenth day of January, two
thousand three, relating to the family protection services board
(licensure of domestic violence and perpetrator intervention
programs, 191 CSR 2), is authorized with the following amendments:
On page seven, section three, subsection one, subdivision g,
after the words 'client service agreements' by striking the words 'and other purchase of service agreements that exceed one-thousand
dollars ($1000.00) annually'."
(c) The legislative rule filed in the state register on the
twenty-sixth day of July, two thousand two, under the authority of
section four hundred one, article twenty-six, chapter forty of this
code, modified by the family protection services board to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the tenth day of January, two
thousand three, relating to the family protection services
board(perpetrator intervention program licensure, 191 CSR 3), is
authorized with the following amendments:
"On page one, section three, subsection one, subdivision b,
after the words 'client service agreements' by striking the words
'and other purchase of service agreements that exceed one-thousand
dollars ($1000.00) annually';
On page six, section three, subsection three, subdivision c,
paragraph 4, by striking the words 'Cultural competency', and
inserting in lieu thereof the words 'Cultural sensitivity';
On page six, section three, subsection four, after the
words'conducted by the program', by inserting the word 'director';
And,
On page nine, section three, subsection twelve, subdivision a,
by striking out the words 'Frequency of and reasons for low
attendance of perpetrator(s).', and inserting in lieu thereof the words 'Attendance records of perpetrator(s) including reason(s) for
repeated absences.'"
(d) The legislative rule filed in the state register on the
twenty-sixth day of July, two thousand two, under the authority of
section four hundred one, article twenty-six, chapter forty-eight
of this code, modified by the family protection services board to
meet the objections of the legislative rule-making review committee
and refiled in the state register on the tenth day of January, two
thousand three, relating to the family protection services board
(monitored visitation and exchange program certification, 191 CSR
4), is authorized.
§64-9-6. Board of funeral service examiners.
(a) The legislative rule filed in the state register on the
twenty-sixth day of June, two thousand two, under the authority of
sections five and six, article six, chapter thirty of this code,
modified by the board of funeral service examiners to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the sixteenth day of January, two
thousand three, relating to the board of funeral service examiners
(general provisions, 6 CSR 1), is authorized with the following
amendment:
"
On page thirteen, section sixteen, subsection ten,
subdivision two, by striking the words 'twenty five dollars ($25)'
and inserting in lieu thereof the words 'fifteen dollars ($15)'."
(b) The legislative rule filed in the state register on the
twenty-sixth day of July, two thousand two, under the authority of
section six, article six, chapter thirty of this code, modified by
the board of funeral service examiners to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the sixteenth day of January, two thousand three,
relating to the board of funeral service examiners (crematory
requirements, 6 CSR 2), is authorized with the following amendment:
"
On page twenty-three, section twenty, subsection seven,
subdivision two, by striking the words 'twenty five dollars ($25)'
and inserting in lieu thereof the words 'fifteen dollars ($15)'."
§64-9-7. Governor's committee on crime, delinquency and correction.
(a) The legislative rule filed in the state register on the
twenty-sixth day of July, two thousand two, authorized under the
authority of section three, article eleven-c, chapter sixty-two of
this code, relating to the governor's committee on crime,
delinquency and correction (community corrections standards, 149
CSR 4), is authorized.
(b) The legislative rule filed in the state register on the
eighth day of July, two thousand two, authorized under the
authority of section three, article twenty-nine, chapter thirty of
this code, modified by the governor's committee on crime,
delinquency and correction to meet the objections of the
legislative rule-making review committee and refiled in the state register on the nineteenth day of December, two thousand two,
relating to the governor's committee on crime, delinquency and
correction (law-enforcement training standards, 149 CSR 2), is
authorized.
§64-9-8. Massage therapy licensure board.
The legislative rule filed in the state register on the
twenty-sixth day of July, two thousand two, under the authority of
section six, article thirty-seven, chapter thirty of this code,
modified by the massage therapy licensure board to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-second day of November,
two thousand two, relating to the massage therapy licensure board
(general provisions, 194 CSR 1), is authorized.
§64-9-9. Board of medicine.
The legislative rule filed in the state register on the
twenty-sixth day of July, two thousand two, under the authority of
section sixteen, article three, chapter thirty of this code,
modified by the board of medicine to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-third day of October, two thousand two,
relating to the board of medicine (licensure, disciplinary and
complaint procedures, continuing education and physician
assistants, 11 CSR 1B), is authorized.
§64-9-10. Nursing home administrators licensing board.
The legislative rule filed in the state register on the
sixteenth day of May, two thousand two, under the authority of
section seven, article twenty-five, chapter thirty of this code,
modified by the nursing home administrators licensing board to meet
the objections of the legislative rule-making review committee and
refiled in the state register on the twentieth day of December, two
thousand two, relating to the nursing home administrators licensing
board (nursing home administrators, 21 CSR 1), is authorized.
§64-9-11. Board of optometry.
The legislative rule filed in the state register on the fifth
day of June, two thousand two, authorized under the authority of
section five, article eight, chapter thirty of this code, modified
by the board of optometry to meet the objections of the legislative
rule-making review committee and refiled in the state register on
the twenty-third day of December, two thousand two, relating to the
board of optometry (licensure by endorsement, 14 CSR 8), is
authorized.
§64-9-12. Board of pharmacy.
(a)
The legislative rule filed in the state register on the
seventeenth day of July, two thousand two, authorized under the
authority of section six, article nine, chapter sixty-a of this
code, modified by the board of pharmacy to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twenty-eighth day of October, two thousand two, relating to the board of pharmacy (controlled substances
monitoring, 15 CSR 8), is authorized with the following amendment:
"On page three, by striking out all of section five and
inserting in lieu thereof the following:
§15-8-5. Prescription Forms.
5.1.The purpose of this section is to establish minimum
requirements that will decrease the potential for forgery or
alteration of a prescription or a prescription blank for a
controlled substance.
5.2.After June 1, 2003, the Board of Pharmacy recommends that
a written prescription for a controlled substance in Schedules II,
III or IV be on a security prescription blank.
5.3.Minimum Requirements of a Security Prescription Blank.
5.3.1.A prescription for a controlled substance should
contain the following security features:
(a) A latent, repetitive "void" pattern screened and printed
across the entire front of the prescription blank. If the
prescription is photocopied, the word "void" shall appear in a
pattern across the entire front of the prescription;
(b) A watermark printed on the backside of the prescription
blank so that it is only seen at a forty-five (45) degree angle;
(c) An opaque "Rx" symbol or an "Rx" symbol printed in
disappearing ink shall appear in the upper part of the blank. The
symbol shall disappear if the prescription copy is lightened;
(d) Six (6) quantity check-off boxes printed on the form and
the following quantities shall appear:
(1) ! 1-24;
(2) ! 25-49;
(3) ! 50-74;
(4) ! 75-100;
(5) ! 101-150; and
(6) ! 151 and over:
Provided, That if the blank has the quantity prescribed
electronically printed in both numeric and word format, then the
quantity check-off boxes would not be necessary;
(e) The following statement printed on the bottom of the
prescription blank: "Prescription is void if more than one (1)
controlled substance prescription is written per blank"; and
(f) Refill options in the following order: Refill NR 1 2 3 4
5: Provided, That if the blank has the refill amount electronically
printed in both numeric and word format, then the quantity check-
off boxes would not be necessary.
5.3.2.A prescription shall bear the preprinted, stamped,
typed, or manually printed name, address and telephone number of
the prescribing practitioner.
5.3.3.A prescription blank for a controlled substance
shall not contain:
(a) An advertisement on the front or the back of the prescription blank;
(b) The preprinted name of a controlled substance; or
(c) The written, typed or rubber-stamped name of a controlled
substance until the prescription blank is signed, dated and issued
to a patient.
5.3.4.A prescription blank for a controlled substance
shall provide space for the patient's name and address, the
practitioner's signature and the practitioner's DEA registration
number.
5.3.5.Only one (1) controlled substance prescription blank
shall be written per prescription blank.
5.3.6.A quantity check-off box that corresponds to the
quantity prescribed shall be marked or the quantity electronically
printed in both numeric and word format.
5.3.7.If a prescribed drug is a schedule II, III or IV
controlled substance, a refill option shall be marked or the refill
amount electronically printed in both numeric and word format.
5.3.8.If a prescription for a schedule II, III or IV
controlled substance will be transmitted to a pharmacy by
facsimile, the practitioner or the practitioner's agent shall,
prior to transmission, write or stamp "FAXED" on the face of the
original prescription along with the date and the person's
initials.
5.3.9.If a prescription for a schedule II, III or IV controlled substance has been transmitted to a pharmacy by
facsimile, the transmitting practitioner shall file the original
prescription in the patient's record.
5.3.10.A pharmacist shall not be required to use a security
prescription blank to record an oral prescription or a transferred
prescription for a Schedule II, III or IV controlled substance.
5.3.11.The requirements of this section do not apply to
prescriptions for controlled substances that are electronically
transmitted from a prescriber to a pharmacy: Provided, That all
electronically transmitted prescriptions for controlled substances
shall comply with all federal requirements.
"
(b) The legislative rule filed in the state register on the
seventeenth day of July, two thousand two, authorized under the
authority of section seven-c, article five, chapter thirty of this
code, modified by the board of pharmacy to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twenty-eighth day of October, two thousand
two, relating to the board of pharmacy (pharmacist recovery
networks, 15 CSR 10), is authorized.
§64-9-13. Radiologic technology board of examiners.
The legislative rule filed in the state register on the
twenty-fifth day of July, two thousand two, under the authority of
section five, article twenty-three, chapter thirty of this code,
modified by the board of examiners of radiologic technology to meet the objections of the legislative rule-making review committee and
refiled in the state register on the nineteenth day of November,
two thousand two, relating to the board of examiners of radiologic
technology (rules of the board, 18 CSR 1), is authorized with the
following amendments:
"On page two, section two, subsection e, subdivision seven,
after the word 'violating', by striking the words 'provisions of
subsection 3.6 of this rule' and inserting in lieu thereof the
words 'rules of the board';
On page three, section four, subsection two, subdivision e, by
striking the word 'penalty';
And,
On page six, section seven, subsection 4.7.e by striking the
words "$15.00" and inserting in lieu thereof the words 'maximum
allowable by West Virginia State Code'."
§64-9-14. Real estate appraiser licensing and certification board.
(a) The legislative rule filed in the state register on the
twenty-fifth day of July, two thousand two, under authority of
section nine, article thirty-eight, chapter thirty of this code,
modified by the real estate appraiser licensing and certification
board to meet the objections of the legislative rule-making review
committee and filed in the state register on the thirtieth day of
September, two thousand two, relating to the real estate appraiser
licensing and certification board (requirements for licensure and certification, 190 CSR 2), is authorized.
(b)
The legislative rule filed in the state register on the
twenty-fifth day of July, two thousand two, under the authority of
section nine, article thirty-eight, chapter thirty of this code,
relating to the real estate appraiser licensing and certification
board (renewal of licensure or certification, 190 CSR 3), is
authorized.
§64-9-15. Real estate commission.
(a) The legislative rule filed in the state register on the
nineteenth day of July, two thousand two, under the authority of
section eight, article forty, chapter thirty of this code, relating
to the real estate commission (requirements in licensing real
estate brokers, associate brokers and salespersons and the conduct
of brokerage business, 174 CSR 1), is authorized with the following
amendment:
"On page nine, section sixteen, paragraph 16.3.b.1., following
the words 'interest bearing', by striking out the word 'account'
and inserting in lieu thereof the words 'trust fund account
established in compliance with WV Code § 30-40-18'."
(b) The legislative rule filed in the state register on the
nineteenth day of July, two thousand two, under the authority of
section eight, article forty, chapter thirty of this code, relating
to the real estate commission (schedule of fees, 174 CSR 2), is
authorized.
(c) The legislative rule filed in the state register on the
nineteenth day of July, two thousand two, under the authority of
section eight, article forty, chapter thirty of this code, modified
by the real estate commission to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-second day of November, two thousand two,
relating to the real estate commission (requirements in approval
and registration of real estate courses, course providers and
instructors, 174 CSR 3), is authorized.
§64-9-16. Secretary of state.
The legislative rule filed in the state register on the
twenty-second day of July, two thousand two, authorized under the
authority of section four, article six-j, chapter forty-six-a of
this code, modified by the secretary of state to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-first day of October,
two thousand two, relating to the secretary of state (registry for
notification of a state of emergency, 153 CSR 33), is authorized.
§64-9-17. Board of veterinary medicine.
(a) The legislative rule filed in the state register on the
twenty-sixth day of July, two thousand two, authorized under the
authority of section four, article ten, chapter thirty of this
code, modified by the board of veterinary medicine to meet the
objections of the legislative rule-making review committee and refiled in the state register on the twenty-seventh day of
December, two thousand two, relating to the board of veterinary
medicine (standards of practice, 26 CSR 4), is authorized.
(b) The legislative rule filed in the state register on the
twenty-sixth day of July, two thousand two, authorized under the
authority of section four, article ten, chapter thirty of this
code, relating to the board of veterinary medicine (schedule of
fees 26 CSR 6), is authorized.
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