ARTICLE 9. Authorization for miscellanous agencies and boards to promulgate legislative rules.

§64-9-1. Commissioner of Agriculture.

(a) The legislative rule filed in the State Register on July 19, 2021, authorized under the authority of §19-9A-7 of this code, modified by the Commissioner of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 5, 2021, relating to the Commissioner of Agriculture (Feeding of Untreated Garbage to Swine, 61 CSR 01A), is authorized.

(b) The legislative rule filed in the State Register on July 26, 2021, authorized under the authority of §19-14-3 of this code, modified by the Commissioner of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on January 3, 2022, relating to the Commissioner of Agriculture (Commercial Feed, 61 CSR 05), is authorized with the amendment set forth below:

On page 14, subsection 11.4, after the word “may” by deleting the word “NOT”.

(c) The legislative rule filed in the State Register on July 28, 2021, authorized under the authority of §19-11A-10 of this code, modified by the Commissioner of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on August 31, 2021, relating to the Commissioner of Agriculture (Enrichment of Flour and Bread Law Regulations, 61 CSR 07), is authorized.

(d) The legislative rule filed in the State Register on July 28, 2021, authorized under the authority of §19-16-7 of this code, relating to the Commissioner of Agriculture (Fruits and Vegetables: Certification of Potatoes for Seedling Purposes, 61 CSR 08C), is authorized.

(e) The legislative rule filed in the State Register on July 29, 2021, authorized under the authority of §19-37-3 of this code, modified by the Commissioner of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 5, 2021, relating to the Commissioner of Agriculture (Fresh Food Act, 61 CSR 10), is authorized.

(f) The legislative rule filed in the State Register on July 29, 2021, authorized under the authority of §19-2C-3a of this code, modified by the Commissioner of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 5, 2021, relating to the Commissioner of Agriculture (Auctioneers, 61 CSR 11B), is authorized, with the following amendments:

On page 8, subdivision 16.1, by striking “two hundred dollars ($200)” and inserting in lieu thereof “$60” and,

On page 8 subdivision 16.3, by striking “two hundred dollars ($200)” and inserting in lieu thereof “$60” and,

On page 9, subdivision 16.6 by striking “two hundred dollars ($200)” and inserting in lieu thereof “$60” and,

On page 9, subdivision 16.7, by striking “two hundred dollars ($200)” and inserting in lieu thereof “$60”

(g) The legislative rule filed in the State Register on July 30, 2021, authorized under the authority of §19-12E-7 of this code, modified by the Commissioner of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 5, 2021, relating to the Commissioner of Agriculture (Hemp Products, 61 CSR 30), is authorized.

(h) The legislative rule filed in the State Register on July 30, 2021, authorized under the authority of §19-1C-4 of this code, modified by the Commissioner of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on January 3, 2022, relating to the Commissioner of Agriculture (Livestock Care Standards , 61 CSR 31), is authorized with the amendments set forth below:

On page 2, subsection 2.15, by striking out “2018” and inserting in lieu thereof “2020”;

On page 6, subdivision 13.2.a., by striking out the “5” and inserting in lieu thereof a “9”;

On page 7, subsection 13.12., by striking out the word “and”;

On page 7, subsection 13.13., by striking out the period and inserting in lieu thereof a semicolon and the word “or”;

On page 7, after subsection 13.13, by adding a new subsection 13.14. to read as follows:

“13.14. Any other widely accepted practices.”;

On page 9, subdivision 14.4.p., by striking out the word “and”;

On page 9, subdivision 14.4.q., by striking out the period and inserting in lieu thereof a semicolon and the word “or”;

On page 9, after subdivision 14.4.q., by adding a new subdivision 14.q.r. to read as follows:

“14.q.r. Any other widely accepted practices.”;

On page 11, subdivision 15.6.j., by striking out the word “and”;

On page 11, subdivision 15.6.k., by striking out the period and inserting in lieu thereof a semicolon and the word “or”;

On page 11, after subdivision 15.6.k. by adding a new subdivision 16.6.l. to read as follows:

“16.6.l. Any other widely accepted practices.”;

On page 12, paragraph 16.2.a.6., by striking out the word “and”;

On page 12, paragraph 16.2.a.7., by striking out the period and inserting in lieu thereof a semicolon and the word “or”;

On page 12, after paragraph 14.2.a.7., by adding a new paragraph 16.2.a.8. to read as follows:

“16.2.a.8. Any other widely accepted practices.”;

On page 12, paragraph 16.2.b.7., by striking out the word “and”;

On page 12, paragraph 16.2.b.8., by striking out the period and inserting in lieu thereof a semicolon and the word “or”;

On page twelve, after paragraph 16.2.b.8. by adding a new paragraph 16.2.b.9. to read as follows:

“16.2.b.9. Any other widely accepted practices.”;

On page 12, paragraph 16.2.c.2., by striking out the word “and”;

On page 12, paragraph 16.2.c.3., by striking out the period and inserting in lieu thereof a semicolon and the word “or”;

On page 12, after paragraph 16.2.c.3., by adding a new paragraph 16.2.c.4. to read as follows:

“16.2.c.4. Any other widely accepted practices.”;

On page 13, subdivision 17.3.j., by striking out the word “and”;

On page 13, subdivision 17.3.k., by striking out the period and inserting in lieu thereof a semicolon and the word “or”;

On page 13, after subdivision 17.3.k., by adding a new subdivision 17.3.l. to read as follows:

“17.3.l. Any other widely accepted practices.”;

On page 14, paragraph 18.3.d.2., by striking out the word “and”;

On page 14, subdivision 18.3.e., by striking out the period and inserting in lieu thereof a semicolon and the word “or”;

And,

On page 14, after subdivision 18.3.e., by adding a new subsection 18.3.f., to read as follows:

“18.3.f. Any other widely accepted practices.”

(i) The legislative rule filed in the State Register on July 27, 2021, authorized under the authority of §19-1-11 of this code, modified by the Commissioner of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 5, 2021, relating to the Commissioner of Agriculture (Rural Rehabilitation Program, 61 CSR 33), is authorized.

(j) The legislative rule filed in the State Register on July 19, 2021, authorized under the authority of §11-13DD-5 of this code, modified by the Commissioner of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 5, 2021, relating to the Commissioner of Agriculture (Farm-to-Food Bank Tax Credit, 61 CSR 36), is authorized.

(k) The legislative rule filed in the State Register on July 30, 2021, authorized under the authority of §19-35-4 of this code, modified by the Commissioner of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 5, 2021, relating to the Commissioner of Agriculture (Farmers Markets, 61 CSR 38), is authorized with the amendments set forth below:

On page 11, subdivision 8.1.d by striking out the words “holding a Food Handler’s Card;

And,

On page 11, subdivision 8.1.d, after the word “completed” by inserting the words “Better Process Control School or”.

(l) The legislative rule filed in the State Register on July 30, 2021, authorized under the authority of §19-16-6 of this code, modified by the Commissioner of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 6, 2021, relating to the Commissioner of Agriculture (Seed Certification, 61 CSR 39), is authorized.

§64-9-2. State Auditor.

(a) The Legislature directs the West Virginia Board of Chiropractic Examiners to amend the legislative rule filed in the State Register on April 1, 2014, authorized under the authority of §30-16-5 of this code, relating to the West Virginia Board of Chiropractic Examiners (Fees Established by the Board, 4 CSR 06) with the amendments set forth below:

On page one, after subsection 1.4., by adding a new subsection 1.5. to read as follows:

“1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2027.”;

On page one, subdivision 6.2.1, after the words “in West Virginia is,” by striking out “$300”, and inserting in lieu thereof “$261”;

On page one, subdivision 6.2.1.,after the words “chiropractors is,” by striking out “$150” and inserting in lieu thereof “$130”;

On page one, subdivision 6.2.2 by striking out “$200”, and inserting in lieu thereof “$175”;

On page one, subdivision 6.2.3 by striking out “$200”, and inserting in lieu thereof “$175”;

On page one, subdivision 6.2.4, after the words “articles of incorporation,” by striking out “$150”, and inserting in lieu thereof “$130”;

On page one, subdivision 6.2.4., after the words “limited liability company is,” by striking out “$150”, and inserting in lieu thereof “$130”;

One page one, subdivision 6.2.4., after the words “annual renewal fee of,” by striking out “$150”, and inserting in lieu thereof “$130”;

On page one, subdivision 6.2.5, after the words “examination fee is,” by striking out “$150”, and inserting in lieu thereof “$130”;

On page one, subdivision 6.2.5., after the words “and a fee of,” by striking out “$50” and inserting “$45.”;

On page one, subdivision 6.2.6 by striking out “$50”, and inserting in lieu thereof “$45”;

On page one, subdivision 6.2.7 by striking out “$100”, and inserting in lieu thereof “$87”;

On page one, subdivision 6.2.8 by striking out “$50”, and inserting in lieu thereof “$45”;

And,

On page one, subdivision 6.2.2 by striking out “$250”, and inserting in lieu thereof “$218”;

(b) The legislative rule filed in the State Register on July 13, 2021, authorized under the authority of §30-16-5 of this code, modified by the West Virginia Board of Chiropractic Examiners to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 15, 2021, relating to the West Virginia Board of Chiropractic Examiners (Chiropractic Telehealth Practice, 4 CSR 09), is authorized.

§64-9-4. West Virginia Contractor Licensing Board.

(a) The legislative rule filed in the State Register on July 26, 2021, authorized under the authority of §30-4-6 of this code, modified by the West Virginia Board of Dentistry to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 17, 2021, relating to the West Virginia Board of Dentistry (Rule for the West Virginia Board of Dentistry, 5 CSR 01), is authorized with the amendments set forth below:

On page 2, subsection 3.3, after the words “certification of the dean of the dental school” by inserting the words “or program director of a dental residency program”;

On page 2, subsection 3.3, after the word “staff at that school” by inserting the words “or program”;

On page 2, subsection 3.3, after the words “dental school dean” by inserting the words “or program director of a dental residency program”;

On page 2, subsection 3.3, after the words “location of the dental school” by inserting the words “or program”;

And,

On page 2, subsection 3.3, after the word “functions in the dental school” by inserting the words “or program”.

(b) The legislative rule filed in the State Register on July 26, 2021, authorized under the authority of §31B-13-1304 of this code, modified by the West Virginia Board of Dentistry to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 17, 2021, relating to the West Virginia Board of Dentistry (Formation and Approval of Professional Limited Liability Companies, 5 CSR 02), is authorized.

(c) The Legislature directs the West Virginia Board of Dentistry to amend the legislative rule filed in the State Register on May 1, 2014, authorized under the authority of §30-4-6 of this code, relating to the West Virginia Board of Dentistry (Fees Established by the Board, 5 CSR 03) with the amendments set forth below:

On page one, after subsection 1.4., by adding a new subsection 1.5. to read as follows:

“1.5. Sunset Provision. – This rule shall terminate and have no further force or effect on August 1, 2027.”;

On page one, subsection 2.1 by striking out “$185.00”, and inserting in lieu thereof “$167.00”;

On page one, subsection 2.2 by striking out “$20.00”, and inserting in lieu thereof “$18.00”;

On page one, subsection 2.3 by striking out “$200.00”, and inserting in lieu thereof “$180.00”;

On page one, subsection 2.4 by striking out “$200.00”, and inserting in lieu thereof “$180.00”;

On page one, subsection 2.5 by striking out “$200.00”, and inserting in lieu thereof “$180.00”;

On page one, subsection 2.6 by striking out “$50.00”, and inserting in lieu thereof “$45.00”;

On page one, subsection 2.7 by striking out “$185.00”, and inserting in lieu thereof “$167.00”;

On page one, subsection 3.1 by striking out “$300.00”, and inserting in lieu thereof “$270.00”;

On page one, subsection 4.1 by striking out “$75.00”, and inserting in lieu thereof “$68.00”;

On page one, subsection 4.2 by striking out “$20.00”, and inserting in lieu thereof “$18.00”;

On page one, subsection 4.3 by striking out “$100.00”, and inserting in lieu thereof “$90.00”;

On page one, subsection 4.4 by striking out “$100.00”, and inserting in lieu thereof “$90.00”;

On page one, subsection 4.5 by striking out “$100.00”, and inserting in lieu thereof “$90.00”;

On page two, subsection 4.6 by striking out “$50.00”, and inserting in lieu thereof “$45.00”;

On page two, subsection 4.7 by striking out “$75.00”, and inserting in lieu thereof “$68.00”;

On page two, subsection 4.8 by striking out “$65.00”, and inserting in lieu thereof “$59.00”;

On page two, subsection 4.9 by striking out “$50.00”, and inserting in lieu thereof “$45.00”;

On page two, subsection 4.10 by striking out “$50.00”, and inserting in lieu thereof “$45.00”;

On page two, subsection 4.11 by striking out “$25.00”, and inserting in lieu thereof “$23.00”;

On page two, subsection 4.12 by striking out “$100.00”, and inserting in lieu thereof “$90.00”;

On page two, subsection 4.13 by striking out “$25.00”, and inserting in lieu thereof “$23.00”;

On page two, subsection 4.14 by striking out “$25.00”, and inserting in lieu thereof “$23.00”;

On page two, subsection 4.15 by striking out “$50.00”, and inserting in lieu thereof “$45.00”;

On page two, subsection 4.16 by striking out “$25.00”, and inserting in lieu thereof “$23.00”;

On page two, subsection 5.1 by striking out “$25.00”, and inserting in lieu thereof “$23.00”;

On page two, subsection 5.2 by striking out “$25.00”, and inserting in lieu thereof “$23.00”;

On page two, subsection 6.1 by striking out “$250.00”, and inserting in lieu thereof “$225.00”;

On page two, subsection 6.2 by striking out “$150.00”, and inserting in lieu thereof “$135.00”;

On page two, subsection 6.3 by striking out “$25.00”, and inserting in lieu thereof “$23.00”;

On page two, subsection 7.1 by striking out “$50.00”, and inserting in lieu thereof “$45.00”;

On page two, subsection 7.2 by striking out “$15.00”, and inserting in lieu thereof “$14.00”;

On page two, subsection 7.3 by striking out “$900.00”, and inserting in lieu thereof “$810.00”;

On page two, subsection 7.4 by striking out “$300.00”, and inserting in lieu thereof “$270.00”;

On page two, subsection 7.5 by striking out “$50.00”, and inserting in lieu thereof “$45.00”;

On page three, subsection 7.6 by striking out “$25.00”, and inserting in lieu thereof “$23.00”;

On page three, subsection 7.7 by striking out “$200.00”, and inserting in lieu thereof “$180.00”;

On page three, subsection 8.1 by striking out “$250.00”, and inserting in lieu thereof “$225.00”;

On page three, subsection 8.2 by striking out “$175.00”, and inserting in lieu thereof “$158.00”;

On page three, subsection 8.3 by striking out “$25.00”, and inserting in lieu thereof “$23.00”;

On page three, subsection 9.1 by striking out “$1,500.00”, and inserting in lieu thereof “$1,350.00”;

On page three, subsection 9.2 by striking out “$250.00”, and inserting in lieu thereof “$225.00”;

On page three, subsection 9.3 by striking out “$1,000.00”, and inserting in lieu thereof “$900.00”;

On page three, subsection 9.4 by striking out “$250.00”, and inserting in lieu thereof “$225.00”;

On page three, subsection 9.5 by striking out “$500.00”, and inserting in lieu thereof “$450.00”;

On page three, subsection 9.6 by striking out “$50.00”, and inserting in lieu thereof “$45.00”;

On page three, subsection 9.7 by striking out “$250.00”, and inserting in lieu thereof “$225.00”;

On page three, subsection 9.8 by striking out “$50.00”, and inserting in lieu thereof “$45.00”;

On page three, subsection 10.1 by striking out “$25.00”, and inserting in lieu thereof “$23.00”;

On page three, subsection 10.2 by striking out “$25.00”, and inserting in lieu thereof “$23.00”;

On page three, subsection 10.3 by striking out “$100.00”, and inserting in lieu thereof “$90.00”;

On page three, subsection 10.6 by striking out “$100.00”, and inserting in lieu thereof “$90.00”;

And,

On page three, subsection 10.7 by striking out “$200.00”, and inserting in lieu thereof “$180.00”.

(d) The legislative rule filed in the State Register on July 26, 2021, authorized under the authority of §30-4-6 of this code, modified by the West Virginia Board of Dentistry to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 17, 2021, relating to the West Virginia Board of Dentistry (Formation and Approval of Dental Corporation and Dental Practice Ownership, 5 CSR 06), is authorized.

(e) The legislative rule filed in the State Register on July 26, 2021, authorized under the authority of §30-4-6 of this code, modified by the West Virginia Board of Dentistry to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 17, 2021, relating to the West Virginia Board of Dentistry (Continuing Education Requirements, 5 CSR 11), is authorized.

(f) The legislative rule filed in the State Register on July 26, 2021, authorized under the authority of §30-4-6 of this code, modified by the West Virginia Board of Dentistry to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 20, 2021, relating to the West Virginia Board of Dentistry (Administration of Anesthesia by Dentists, 5 CSR 12), is authorized.

(g) The legislative rule filed in the State Register on July 26, 2021, authorized under the authority of §30-4-6 of this code, modified by the West Virginia Board of Dentistry to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 20, 2021, relating to the West Virginia Board of Dentistry (Expanded Duties of Dental Hygienists and Dental Assistants, 5 CSR 13), is authorized.

(h) The legislative rule filed in the State Register on July 26, 2021, authorized under the authority of §30-4-6 of this code, modified by the West Virginia Board of Dentistry to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 13, 2021, relating to the West Virginia Board of Dentistry (Teledentistry, 5 CSR 16), is authorized.

§64-9-8. West Virginia Board of Licensed Dietitians.

“13.4. Fee Amounts. The fees for various services provided by Board are:

Engineering Intern

Application Fee $23.00

Examination Fee As charged by NCEES

Professional Engineer

Application Fee $72.00

Examination Fee As charged by NCEES

Re-examination Fee As charged by NCEES

Certificate Fee $23.00

Comity Application Fee $135.00

Certificate of Authorization

Application Fee for Sole

Proprietor with no employees $ 0.00

Application Fee for Firm with

three or fewer Professional

Engineers* $90.00

Application Fee for Firm with

four or more Engineers* $135.00

Two-Year Renewal Fee

Professional Engineer $63.00

Professional Engineer-Retired $27.00

COA for Sole Proprietor with no

Employees $ 0.00

COA for Firm with three

Or fewer Professional Engineers* $ 90.00

COA for Firm with four or more

Professional Engineers* $450.00

Late Fee 25% of fee

Reinstatement Applications

Professional Engineer $167.00

COA for Sole Proprietor with

No employees 0.00

COA for Firm with three

or fewer engineers $180.00

COA for Firm with four or more

Professional Engineers* $630.00

PE or COA Roster ** $ 23.00

Replacement Certificates $ 23.00

Returned Checks $ 23.00

*Regardless of the PE’s state of registration or licensure

**Available for free download on the Board website”

§64-9-10. West Virginia Board of Funeral Service Examiners.

(a) The legislative rule filed in the State Register on July 30, 2021, authorized under the authority of §30-3-7 of this code, relating to the West Virginia Board of Medicine (Licensing and Disciplinary Procedures: Physicians, Podiatric Physicians and Surgeons, 11 CSR 01A), is authorized.

(b) The legislative rule filed in the State Register on July 30, 2021, authorized under the authority of §30-3E-3 of this code, modified by the West Virginia Board of Medicine to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 2, 2021, relating to the West Virginia Board of Medicine (Licensure, Practice Requirements, Disciplinary and Complaint Procedures, Continuing Education, Physician Assistants, 11 CSR 01B), is authorized.

(c) The legislative rule filed in the State Register on July 30, 2021, authorized under the authority of §30-3-7 of this code, modified by the West Virginia Board of Medicine to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 25, 2021, relating to the West Virginia Board of Medicine (Dispensing of Prescription Drugs by Practitioners, 11 CSR 05), is authorized.

(d) The legislative rule filed in the State Register on July 30, 2021, authorized under the authority of §30-3-7 of this code, relating to the West Virginia Board of Medicine (Continuing Education for Physicians and Podiatric Physicians, 11 CSR 06), is authorized.

(e) The legislative rule filed in the State Register on July 30, 2021, authorized under the authority of §60A-9-5a of this code, modified by the West Virginia Board of Medicine to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 25, 2021, relating to the West Virginia Board of Medicine (Practitioner Requirements for Accessing the West Virginia Controlled Substances Monitoring Program Database, 11 CSR 10), is authorized.

(f) The legislative rule filed in the State Register on July 30, 2021, authorized under the authority of §30-3-7 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 October 25, 2021, relating to the West Virginia Board of Medicine (Establishment and Regulation of Limited License to Practice Medicine and Surgery at Certain State Veterans Nursing Home Facilities, 11 CSR 11), is authorized.

(g) The legislative rule filed in the State Register on July 30, 2021, authorized under the authority of §30-3E-3 of this code, modified by the West Virginia Board of Medicine to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 25, 2021, relating to the West Virginia Board of Medicine (Registration to Practice During Declared State of Emergency, 11 CSR 14), is authorized.

(h) The legislative rule filed in the State Register on July 30, 2021, authorized under the authority of §30-3-7 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 December 16, 2021, relating to the Board of Medicine (Telehealth and Interstate Telehealth Registration for Physicians, Podiatric Physicians and Physician Assistants, 11 CSR 15), is authorized with the amendment set forth below:

On page seven, by striking out all of subsection 7.4 and inserting in lieu thereof a new subsection 7.4 to read as follows:

7.4 Nothing in this rule requires a practitioner to use telemedicine technologies to treat a patient if the practitioner, in his or her discretion, determines that an in-person encounter is required.;

And,

On page nine, subsection 8.4, by striking out the words “based solely upon a telemedicine encounter”.

§64-9-14. West Virginia Board of Osteopathic Medicine.

(a) The legislative rule filed in the State Register on July 30, 2021, authorized under the authority of §30-14-14 of this code, modified by the West Virginia Board of Osteopathic Medicine to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 24, 2021, relating to the West Virginia Board of Osteopathic Medicine (Licensing Procedures for Osteopathic Physicians, 24 CSR 01), is authorized.

(b) The legislative rule filed in the State Register on July 30, 2021, authorized under the authority of §30-3E-3 of this code, modified by the West Virginia Board of Osteopathic Medicine to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 29, 2021, relating to the West Virginia Board of Osteopathic Medicine (Osteopathic Physician Assistants, 24 CSR 02), is authorized.

(c) The legislative rule filed in the State Register on July 30, 2021, authorized under the authority of §60A-9-5a of this code, modified by the West Virginia Board of Osteopathic Medicine to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 24, 2021, relating to the West Virginia Board of Osteopathic Medicine (Practitioner Requirements for Controlled Substances Licensure and Accessing the West Virginia Controlled Substances Monitoring Program Database, 24 CSR 07), is authorized.

(d) The legislative rule filed in the State Register on July 30, 2021, authorized under the authority of §30-14-14 of this code, modified by the Board of Osteopathic Medicine to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 15, 2021, relating to the Board of Osteopathic Medicine (Telehealth Practice and Interstate Telehealth Registration for Osteopathic Physicians and Physician Assistants, 24 CSR 10), is authorized with the amendment set forth below:

On page seven, by striking out all of subsection 7.4 and inserting in lieu thereof a new subsection 7.4 to read as follows:

And,

On page nine, subsection 8.4, by striking out the words “based solely upon a telemedicine encounter".

§64-9-15. West Virginia Board of Pharmacy.

The Legislature directs the West Virginia Board of Psychologists to amend the legislative rule filed in the State Register on April 25, 2018, authorized under the authority of §30-21-6 of this code, relating to the West Virginia Board of Psychologists (Fees, 17 CSR 01) with the amendments set forth below:

One page one, subsection 1.5. by striking out “July 1, 2028”, and inserting in lieu thereof “August 1, 2028”;

On page one, subsection 2.1 by striking out “$133.00”, and inserting in lieu thereof “$120.00”;

On page one, paragraph 2.2 by striking out “$100.00”, and inserting in lieu thereof “$90.00”;

On page one, subdivision 2.2.1 by striking out “$100.00”, and inserting in lieu thereof “$90.00”;

On page one, subdivision 2.3.1 by striking out “$450.00”, and inserting in lieu thereof “$405.00”;

On page one, subdivision 2.3.2 by striking out “$133.00”, and inserting in lieu thereof “$120.00”;

On page one, subdivision 2.2.3 by striking out “$200.00”, and inserting in lieu thereof “$180.00”;

On page two, subdivision 2.3.4 by striking out “$300.00”, and inserting in lieu thereof “$270.00”;

Strike the entirety of page two, subsection 2.5, and renumber the remaining subsections;

On page two, subsection 2.6 by striking out “$78.00”, and inserting in lieu thereof “$68.00”;

On page two, subdivision 2.7.1 by striking out “$450.00”, and inserting in lieu thereof “$405.00”;

On page two, subdivision 2.7.2 by striking out “$200.00”, and inserting in lieu thereof “$180.00”;

On page two, subsection 2.8 by striking out “$133.00”, and inserting in lieu thereof “$120.00”;

On page two, subsection 2.9 by striking out “$300.00”, and inserting in lieu thereof “$270.00”;

On page two, subsection 2.11 by striking out “$100.00”, and inserting in lieu thereof “$90.00”;

On page two, subdivision 2.12.1 by striking out “$200.00”, and inserting in lieu thereof “$180.00”;

On page two, subdivision 2.12.2 by striking out “$50.00”, and inserting in lieu thereof “$45.00”;

On page two, subsection 2.13 by striking out “$50.00”, and inserting in lieu thereof “$45.00”;

On page two, subsection 2.14 by striking out “$50.00”, and inserting in lieu thereof “$45.00”;

And,

On page two, subsection 2.15 by striking out “$200.00”, and inserting in lieu thereof “$180.00”.

§64-9-17. Public Service Commission.

(a) The legislative rule filed in the State Register on July 30, 2021, authorized under the authority of §30-38-9 of this code, modified by the West Virginia Real Estate Appraiser Licensing and Certification Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 21, 2021, relating to the West Virginia Real Estate Appraiser Licensing and Certification Board (Requirements for Licensure and Certification, 190 CSR 02), is authorized with the amendments set forth below:

On page twenty-five, subdivision 10.2.a., by striking out “one hundred fifty dollars ($150)”, and inserting in lieu thereof “$120”;

On page twenty-five, subdivision 10.2.b., by striking out “two hundred sixty-five dollars ($265)”, and inserting in lieu thereof “$210”;

On page twenty-five, subdivision 10.2.c., by striking out “one hundred dollars ($100)”, and inserting in lieu thereof “$80”;

On page twenty-five, subdivision 10.2.d., following the words “temporary permit fee of” by striking out “two hundred fifty dollars ($250)”, and inserting in lieu thereof “$200”;

On page twenty-five, subdivision 10.2.d., following the words “non-residential appraisal and,” and inserting in lieu thereof “$200”;

On page twenty-six, subdivision 10.2.e., by striking out “one hundred fifty dollars ($150)”, and inserting in lieu thereof “$120”;

On page twenty-six, subdivision 10.2.f., by striking out “four hundred sixty-five dollars ($465)”, and inserting in lieu thereof “$375”;

On page twenty-six, subdivision 10.2.g., by striking out “three hundred fifteen dollars ($315)”, and inserting in lieu thereof “$250”;

On page twenty-six, subdivision 10.2.h., by striking out “one hundred dollars ($100)”, and inserting in lieu thereof “$80”;

On page twenty-six, subdivision 10.2.j., by striking out “one hundred fifty dollars ($150)”, and inserting in lieu thereof “$120”;

On page twenty-six, subdivision 10.2.k., by striking out “one hundred fifty dollars ($150)”, and inserting in lieu thereof “$120”;

On page twenty-six, subdivision 10.2.l., by striking out “one hundred ninety dollars ($190)”, and inserting in lieu thereof “$150”;

On page twenty-six, subdivision 10.2.m., by striking out “twenty-five dollars ($25)”, and inserting in lieu thereof “$20”;

On page twenty-six, subdivision 10.2.n., by striking out “Copy fees: fifty cents ($.50) per page”

On page twenty-six, subdivision 10.2.n., following the words Administrative fee of,” striking “fifty cents ($.50),” and inserting in lieu thereof “$.40”

On page twenty-six, subdivision 10.2.o., by striking out “one hundred fifty dollars ($150)”, and inserting in lieu thereof “$120”;

On page twenty-six, subdivision 10.2.p., by striking out “one hundred fifty dollars ($150)”, and inserting in lieu thereof “$120”;

On page twenty-six, subdivision 10.2.q., after the words “One roster-fee of” by striking out “thirty-five dollars ($35), and inserting in lieu thereof “$28”;

On page twenty-six, subdivision 10.2.q., after the words roster subscription fee-of” by striking out “fifty dollars ($50)”, and inserting in lieu thereof “$40”;

On page twenty-six, subdivision 10.2.r., by striking out “fifty dollars ($50)”, and inserting in lieu thereof “$40”;

On page twenty-six, subdivision 10.2.s., by striking out “fifty dollars ($550)”, and inserting in lieu thereof “$40”;

On page twenty-six, subdivision 10.2.t., by striking out “seventy-five dollars ($75)”, and inserting in lieu thereof “$60”;

And,

On page twenty-six, subdivision 10.2.u., by striking out “twenty-five dollars ($25)”, and inserting in lieu thereof “$20”.

(b) The legislative rule filed in the State Register on July 30, 2021, authorized under the authority of §30-38-9 of this code, modified by the West Virginia Real Estate Appraiser Licensing and Certification Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 21, 2021, relating to the West Virginia Real Estate Appraiser Licensing and Certification Board (Renewal of Licensure or Certification, 190 CSR 03), is authorized.

(c) The legislative rule filed in the State Register on July 30, 2021, authorized under the authority of §30-38A-2 of this code, modified by the West Virginia Real Estate Appraiser Licensing and Certification Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 21, 2021, relating to the West Virginia Real Estate Appraiser Licensing and Certification Board (Requirements for Registration and Renewal of Appraisal Management Companies, 190 CSR 05), is authorized.

§64-9-19. West Virginia Board of Examiners for Registered Professional Nurses.

(a) The legislative rule filed in the State Register on May 10, 2021, authorized under the authority of §30-7-15a of this code, relating to the West Virginia Board of Examiners for Registered Professional Nurses (Limited Prescriptive Authority for Nurses in Advanced Practice, 19 CSR 08), is authorized.

(b) The legislative rule filed in the State Register on August 31, 2021, authorized under the authority of §30-7-4 of this code, relating to the Board of Registered Professional Nurses (Telehealth Practice, 19 CSR 16), is authorized with the amendments set forth below:

On page three, subdivision 3.3.2., by striking out the word “state” and inserting in lieu thereof the words “State of West Virginia”;

On page three, subdivision 3.3.2., by striking out the words “location or”;

On page five, subsection 5.9., by striking out the word “applicant” and inserting in lieu thereof the word “registrant”;

On page five, after subsection 5.12, by renumbering the remaining subsections;

On page six, subsection 5.11., by striking out the words “apply anew” and inserting in lieu thereof the word “reapply”;

On page seven, subsection 7.3., after the words “prescription if” by inserting in lieu thereof the words “the nurse”;

On page seven, by striking out all of subsection 7.4 and inserting in lieu thereof a new subsection 7.4 to read as follows:

7.4. Nothing in this rule requires a practitioner to use telemedicine technologies to treat a patient if the practitioner, in his or her discretion, determines that an in-person encounter is required.;

On page eight, subsection 7.8., after the word “practices” by striking out the word “to” and inserting in lieu thereof the words “while treating”;

On page eight, subsection 8.1, by striking out the words “of the provider’s profession in the State of West Virginia pursuant to qualified advanced practice registered nurses to prescribe prescription drugs in accordance with the” and inserting in lieu thereof the words “as set forth in the”;

On page eight, subsection 8.2, by striking out the words “Schedules III through V of”;

On page eight, subsection 8.3, by striking out the words “based solely upon a telemedicine encounter”;

On page nine, subdivision 10.2.1., by striking out the words “Shall not engage” and inserting in lieu thereof the word “Engaging”;

On page nine, subdivision 10.2.1., by inserting a period after the words “this rule”;

On page nine, subdivision 10.2.1., by striking out the words “or they” and inserting in lieu thereof the words “A registered nurse or advance practice registered nurse who engages in professional misconduct”;

And,

On page nine, subsection 11.2., by striking out the words “the following” and inserting in lieu thereof the word “that”.

§64-9-20. Secretary of State.

(a) The legislative rule filed in the State Register on May 10, 2021, authorized under the authority of §3-2-11 of this code, relating to the Secretary of State (Voter Registration at the Division of Motor Vehicles, 153 CSR 03), is authorized.

(b) The legislative rule filed in the State Register on May 10, 2021, authorized under the authority of §3-2-23a of this code, relating to the Secretary of State (Voter Registration List Maintenance by the Secretary of State, 153 CSR 05), is authorized.

(c) The legislative rule filed in the State Register on July 30, 2021, authorized under the authority of §3-2-12 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 December 29, 2021, relating to the Secretary of State (Combined Voter Registration and Driver Licensing Fund, 153 CSR 25), is authorized.

(d) The legislative rule filed in the State Register on July 30, 2021, authorized under the authority of §39A-3-3 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 December 29, 2021, relating to the Secretary of State (Use of Digital Signatures, 153 CSR 30), is authorized.

(e) The legislative rule filed in the State Register on July 30, 2021, authorized under the authority of §3-8-2c 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 December 29, 2021, relating to the Secretary of State (Regulation of Political Party Headquarters Finances, 153 CSR 43), is authorized.

(f) The legislative rule filed in the State Register on July 30, 2021, authorized under the authority of §39-4-37 and §39-4-38 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 December 29, 2021, relating to the Secretary of State (Standards and Guidelines for Electronic Notarization, Remote Online Notarization, and Remote Ink Notarization, 153 CSR 45), is authorized.

(g) The legislative rule filed in the State Register on July 30, 2021, authorized under the authority of §39A-4-4 of this code, relating to the Secretary of State (Real Property Electronic Recording Standards and Regulations, 153 CSR 48), is authorized with amendments set forth below:

On page 2, section 3.1, by striking out the words “as amended from time to time”;

On page 3, subdivision 3.3.1, by striking out the words “as amended from time to time”;

And,

On page 3, subdivision 3.3.2, by striking out the words “as amended from time to time”.

§64-9-21. West Virginia Board of Social Work Examiners.

(a) The legislative rule filed in the State Register on July 30, 2021, authorized under the authority of §30-30-6 of this code, modified by the West Virginia Board of Social Work Examiners to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 20, 2021, relating to the West Virginia Board of Social Work Examiners (Qualifications for the Profession of Social Work, 25 CSR 01), is authorized.

(b) The Legislature directs the West Virginia Board of Social Work Examiners to amend the legislative rule filed in the State Register on May 12, 2020, authorized under the authority of §30-30-6 of this code, relating to the West Virginia Board of Social Work Examiners (Fee Schedule, 25 CSR 03) with the amendments set forth below:

On page two, subdivision 3.1.2., by striking out “fifty dollars ($50)”, and inserting in lieu thereof “$45”;

On page two, subdivision 3.2.1., by striking out “($100)”, and inserting in lieu thereof “$90”;

On page two, subdivision 3.2.2., following the words “biennial license renewal is” by striking out “eighty-five dollars ($85)”, and inserting in lieu thereof “$76”;

On page two, subdivision 3.2.2., following the words “provisional license renewal is” by striking “ninety dollars ($90)”, and inserting in lieu thereof “$80”;

On page two, subdivision 3.2.3., by striking out “fifty dollars ($50)”, and inserting in lieu thereof “$45”;

On page two, subdivision 3.2.4., by striking out “one hundred fifteen dollars ($115)”, and inserting in lieu thereof “$104”;

On page two, subdivision 3.2.5., by striking out “twenty-five dollars ($25)”, and inserting in lieu thereof “$23”;

On page two, subdivision 3.2.6., by striking out “fifty dollars ($50)”, and inserting in lieu thereof “$45”;

On page two, subdivision 3.2.7., by striking out “thirty dollars ($30)”, and inserting in lieu thereof “$27”;

On page two, subdivision 3.2.8., by striking out “one hundred dollars ($100)”, and inserting in lieu thereof “$90”;

On page two, subdivision 3.2.9., by striking out “fifty-five dollars ($55)”, and inserting in lieu thereof “$50”;

On page two, subdivision 3.2.10., by striking out “twenty-five dollars ($25)”, and inserting in lieu thereof “$23”;

On page three, subdivision 3.4.1., by striking out “one hundred dollars ($100)”, and inserting in lieu thereof “$90”;

On page three, subdivision 3.4.2., by striking out “sixty dollars ($60)”, and inserting in lieu thereof “$54”;

And,

On page three, subdivision 3.5.1., by striking out “one hundred dollars ($100)”, and inserting in lieu thereof “$90”.

(c) The legislative rule filed in the State Register on July 30, 2021, authorized under the authority of §30-30-6 of this code, modified by the West Virginia Board of Social Work Examiners to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 20, 2021, relating to the West Virginia Board of Social Work Examiners (Continuing Education for Social Workers and Providers, 25 CSR 05), is authorized.

§64-9-22. West Virginia Board of Examiners for Speech-Language Pathology and Audiology.