(Originating in the Committee on the Judiciary)

A BILL to amend and reenact article five, 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 the health care authority to promulgate a legislative rule relating to benchmarking and discount contracts ; authorizing the department of health and human resources to promulgate a legislative rule relating to the nurse aid abuse registry ; authorizing the division of health to promulgate a legislative rule relating to sewage treatment and collection system design standards ; authorizing the division of health to promulgate a legislative rule relating to the medical examiner rule for post mortem inquiries ; authorizing the division of health to promulgate a legislative rule relating to surrogates for incapacitated persons in health care facilities operated by the department of health and human resources ; authorizing the division of health to promulgate a legislative rule relating to the uniform credentialing of health care practitioners ; authorizing the division of human services to promulgate a legislative rule relating to day care centers licensing ; authorizing the division of human services to promulgate a legislative rule relating to the tel-assistance program ; and authorizing the division of human services to promulgate a legislative rule relating to family day care home registration requirements .

Be it enacted by the Legislature of West Virginia:
That article five, 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:

The legislative rule filed in the state register on the twenty-sixth day of July, two thousand two, under the authority of section eight, article two-b, chapter sixteen, of this code, modified by the health care authority 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 two, relating to the health care authority (benchmarking and discount contracts, 65 CSR 26), is authorized.

The legislative rule filed in the state register on the eighteenth day of July, two thousand two, under the authority of section two, article six, chapter nine, 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 eleventh day of December, two thousand two, relating to the department of health and human resources (nurse aid abuse registry, 69 CSR 6), is authorized.

(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, 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 sixth day of January, two thousand three, relating to the division of health (sewage treatment and collection system design standards, 64 CSR 47), is authorized.

(b)

with the following amendment:
"On page twenty-seven, section twenty-three, subsection 23.5, following the word 'materials' by inserting 'may be';
And,
On page twenty-eight, section twenty-five, subsection 25.2, following the phrase 'W. Va. Code §16-1-11' by adding the phrase, "except as provided for in subsection 13.6 of this rule'."

(c)

The legislative rule filed in the state register on the eighth day of February, two thousand two, under the authority of section eight, article thirty, 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 thirtieth day of May, two thousand two, relating to the division of health (surrogates for incapacitated persons in health care facilities operated by the department of health and human resources, 64 CSR 86), is authorized with the following amendment:
"

'4.1.a. Any organization authorized under state or federal laws, or under contract with the Department, to advocate for individuals in the Department's health care facilities;
4.1.b. Any organization authorized under federal or state laws, or under contract with the Department, to provide surrogacy, guardianship or conservator services for persons in the Department's health care facilities; and
4.1.c. Any Department employee not otherwise precluded from serving as a surrogate by the provisions of W. Va. Code §16-30- 8(i).'"

(d)

The legislative rule filed in the state register on the eighteenth day of July, two thousand two, under the authority of section two, article one-a, 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 thirteenth day of January, two thousand three, relating to the division of health (uniform credentialing of health care practitioners, 64 CSR 89), is authorized.

(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, article two-b, chapter forty-nine, of this code, modified by the division of human resources to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-seventh day of September, two thousand two, relating to the division of human resources (day care centers licensing, 78 CSR 1), is authorized with the following amendments:
"

On page two of the rule, subsection 3.12, at the end of the second line of said subsection, following the word 'except:', by striking out the remainder of the subsection and inserting in lieu thereof the following:
'3.12.a. A kindergarten, preschool or school education program that is operated by a public school or that is accredited by the state department of education, or any other kindergarten, preschool or school programs that operate with sessions not exceeding four hours per day for any child;
3.12.b. An individual or facility that offers occasional care of children for brief periods while parents are shopping, engaging in recreational activities, attending religious services or engaging in other business or personal affairs;
3.12.c. Summer recreation camps operated for children attending sessions for periods not exceeding thirty days;
3.12.d. Hospitals or other medical facilities that are primarily used for temporary residential care of children for treatment, convalescence or testing;
3.12.e. Persons providing family day care solely for children related to them; or
3.12.f. Any juvenile detention facility or juvenile correctional facility operated by or under contract with the division of juvenile services, created pursuant to the provisions of W.Va. Code §49-5E-2 for the secure housing or holding of juveniles committed to its custody.'
On page twenty-two of the rule, section nine, subsection 9.1, subdivision 9.1.h, paragraph 9.1.h.1, following the word 'age', by inserting a comma, striking out the remainder of paragraph 9.1.h.1, and inserting 'have a minimum of a high school diploma or equivalent and:';
On page twenty-three, subparagraph 9.1.h.2.B, following the word 'of' by striking out 'two (2)' and inserting in lieu thereof 'ten (10)';
On page twenty-three, subparagraph 9.1.h.3.C., by striking out the words 'three (3)' and inserting in lieu thereof 'fifteen (15)';
And,
On page twenty-three, subparagraph 9.1.h.4.C, following the word 'of' by striking out the words 'one (1)' and inserting in lieu thereof the words 'two (2)'."

(b)

"

On page two, section five, by striking out all of subsection 5.1 and inserting in lieu thereof the following:
'5.1. An individual is eligible for Tel-Assistance if he or she meets the criteria set forth in W.Va. Code §24-2C-1. et seq.

(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, article two-b, chapter forty-nine, of this code, modified by the division of human resources to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-third day of September, two thousand two, relating to the division of human resources (family day care home registration requirements, 78 CSR 19), is authorized with the following amendment:
"On page eight of the rule, section six, subsection four, subdivision d, paragraph three, by striking out all of §6.4.d.3, and by renumbering the following paragraph as '§6.4.d.3.'."