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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 2P. BORN-ALIVE ABORTION SURVIVORS PROTECTION ACT.

ARTICLE 2Q. UNBORN CHILD WITH A DISABILITY PROTECTION AND EDUCATION ACT.

ARTICLE 2R. UNBORN CHILD PROTECTION 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 5AA. MEDICATION ADMINISTRATION BY UNLICENSED PERSONNEL IN NURSING HOMES.

ARTICLE 5BB. SCREENING PROTOCOLS FOR ADVERSE CHILDHOOD EXPERIENCES.

ARTICLE 5CC. WEST VIRGINIA ADVISORY COUNCIL ON RARE DISEASES.

ARTICLE 5DD. COLLECTION OF DATA RELATING TO PARKINSON'S DISEASE.

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 9G. TOBACCO CESSATION INITIATIVE.

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 13C. DRINKING WATER TREATMENT REVOLVING FUND 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 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 55. 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 59. CERTIFICATION OF RECOVERY RESIDENCES.

ARTICLE 60. RECOGNITION OF EMERGENCY MEDICAL SERVICES PERSONNEL LICENSURE INTERSTATE COMPACT.

ARTICLE 61. PALLIATIVE CARE.

ARTICLE 62. THE PATIENT BROKERING ACT.

ARTICLE 63. STATEWIDE UNIFORMITY FOR AUXILIARY CONTAINER REGULATIONS.

ARTICLE 64. SYRINGE SERVICES PROGRAMS.

ARTICLE 65. NONDISCRIMINATION RELATING TO ACCESS TO ORGAN TRANSPLANTATION.

ARTICLE 42. CORE BEHAVIORAL HEALTH CRISIS SERVICES SYSTEM.

§16-42-1. Definitions.

In this article the following words have the meanings indicated:

“988 Crisis Hotline Center” or “hotline center” means a state-identified center participating in the National Suicide Prevention Lifeline Network to respond to statewide or regional 988 calls.

“Commercial mobile radio service provider” or “CMRS provider” means cellular licensees, broadband personal communications services (PCS) licensees, and specialized mobile radio (SMR) providers, as those terms are defined by the Federal Communications Commission, which offer on a post-paid or prepaid basis or via a combination of those two methods, real-time, two-way switched voice service that is interconnected with the public switched network and includes resellers of any commercial mobile radio service.

“Crisis receiving and stabilization services” means facilities providing short-term (under 24 hours) with capacity for diagnosis, initial management, observation, crisis stabilization, and follow- up referral services to all persons in a home-like environment.

“Department” means the West Virginia Department of Health and Human Resources.

“Federal Communications Commission” or “FCC” means the federal governmental agency that regulates interstate and international communications by radio, television, wire, satellite, and cable in all 50 states, the District of Columbia, and U.S. territories. An independent U.S. government agency overseen by Congress, the Commission is the United States’ primary authority for communications law, regulation, and technological innovation.

“National Suicide Prevention Lifeline” or “NSPL” means the national network of local crisis centers that provides free and confidential emotional support to people in suicidal crisis or emotional distress 24 hours a day, seven days a week. Membership as an NSPL center requires nationally recognized certification which includes evidence-based training for all staff and volunteers in the management of calls.

“Peers” means individuals employed on the basis of their personal lived experience of mental illness and/or addiction and recovery who meet the state’s peer certification requirements where applicable.

“Secretary” means the Secretary of the West Virginia Department of Health and Human Resources.

“Substance Abuse and Mental Health Services Administration” means the agency within the U.S. Department of Health and Human Services that leads public health efforts to advance the behavioral health of the nation.

“988 Suicide Prevention and Mental Health Crisis Hotline” means the National Suicide Prevention Lifeline (NSPL) or its successor maintained by the Assistant Secretary for Mental Health and Substance Use under section 520E–3 of the Public Health Service Act.

“Veterans Crisis Line” or “VCL” means Veterans Crisis Line maintained by the Secretary of Veterans Affairs under section 1720F(h) of Title 38, United States Code.

§16-42-2. Designation of crisis hotline centers.

(a) Prior to July 1, 2022, the secretary shall designate a crisis hotline center or centers to provide crisis intervention services and crisis care coordination to individuals accessing the 988 suicide prevention and behavioral health crisis hotline from any jurisdiction within the state 24 hours a day, seven days a week.

(b) Designated hotline center(s) shall:

(1) Have an active agreement with the administrator of the National Suicide Prevention Lifeline (NSPL) for participation within the network;

(2) Meet NSPL requirements and best practices guidelines for operational and clinical standards;

(3) Utilize technology including chat and text that is interoperable between and across crisis and emergency response systems used throughout the state (911, EMS, other non-behavioral health crisis services, etc.);

(4) Have the authority to deploy crisis and outgoing services, and coordinate access to crisis receiving and stabilization services or other local resources as appropriate and according to guidelines and best practices established by the NSPL;

(5) Coordinate access to crisis receiving and stabilization services for individuals accessing the 988 suicide prevention and behavioral health crisis hotline through appropriate information sharing regarding availability of services; and

(6) Provide follow-up services to individuals accessing the 988 suicide prevention and behavioral health crisis hotline consistent with guidance and policies established by the NSPL.

(c) The department shall work in concert with the NSPL and VCL networks for the purposes of ensuring consistency of public messaging about 988 services.

(d) Designated hotline center(s) shall meet the requirements set forth by NSPL for serving high risk and specialized populations as identified by the Substance Abuse and Mental Health Services Administration, including training requirements and policies for transferring such callers to an appropriate specialized center or subnetworks within or external to the NSPL network.

§16-42-3. Reimbursement of treatment for crisis receiving and stabilization services.

(a) Crisis receiving and stabilization services as related to the call shall be reimbursed by the department if the individual for whom services were provided meets the definition of an uninsured person or if the crisis stabilization service is not a covered service by the individual’s health coverage.

(b) The department’s Bureau for Medical Services shall work with the entity responsible for the development of crisis receiving and stabilization services to explore options for appropriate coding of and payment for crisis management services.

(c) The department shall determine how payment will be made to the provider of service.

(d) The department’s Bureau for Behavioral Health shall be responsible for all costs and expenses related to the administration and operation of the Core Behavioral Health Crisis Services System.

§16-42-4. Duties and powers of the secretary.

The secretary at his or her discretion may hire employees, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this article, make and sign any agreements, and may do and perform any acts necessary to accomplish the planning required for implementation or ongoing oversight of this article in coordination with designated hotline center(s), 9-1-1 centers, the state mental health authority, and the National Suicide Prevention Lifeline.

§16-42-5. Time frame for implementation.

The secretary shall establish time frames to accomplish the provisions of this article consistent with the time frames required by the National Suicide Hotline Designation Act of 2020 and the Federal Communication Commission’s rules adopted on July 16, 2020.

§16-42-6. Rulemaking.

(a) The secretary may propose legislative rules for promulgation in accordance with §29A-3-1 et seq. of this code to implement the provisions of this article, including, but not limited to, allowing appropriate information sharing and communication between and across crisis and emergency response systems for the purpose of real-time crisis care coordination, deployment of crisis and outgoing services, and linked, flexible services specific to crisis response.

(b) The Legislature finds that for the purposes of §29A-3-15 of this code, an emergency exists requiring the promulgation of emergency rules to preserve the public peace, health, safety, or welfare and to prevent substantial harm to the public interest.

§16-42-7. Annual report.

The secretary shall submit an annual report to the Governor, Legislature, the Substance Abuse and Mental Health Services Administration, and the Federal Communications Commission that includes: The usage of the 988 suicide prevention and behavioral health crisis hotline and the revenue diverted for the administration and operation of the Core Behavioral Health Crisis Services System.

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