January 12, 1999

9 a.m. - 11 a.m.	Legislative Rule-Making Review Committee (Code §29A-3-10)
Earl Ray Tomblin ex officio nonvoting member	Robert "Bob" Kiss ex officio nonvoting member
Senate	House
Ross, Chairman Anderson, Vice Chairman Boley Bowman Buckalew (Absent) Macnaughtan (Absent)	Hunt, Chairman (Absent) Linch, Vice Chairman Compton (Absent) Faircloth Jenkins Riggs

The meeting was called to order by Mr. Ross, Co-Chairman.

Debra Graham, Committee Counsel, explained the rule proposed by the West Virginia Board of Pharmacy-Rules of the Board of Pharmacy, 15CSR1, and stated that the Board has agreed to technical modifications. Richard Stevens, West Virginia Pharmacists Association, and Doug Douglass, Executive Director of the Board, responded to questions from the Committee.

Debra Graham distributed a list of proposed modifications submitted by the Board to the Committee members.

Mr. Anderson moved that the Board's proposed modifications and technical modifications be approved. The motion was adopted.

Mr. Riggs moved that the proposed rule be approved as modified. The motion was adopted.

Ms. Graham stated that the rule proposed by the Department of Tax and Revenue- Registration of Telemarketers, 119CSR1, had been placed at the foot of the agenda at the Committee's last meeting. She distributed a copy of the proposed modified rule submitted by the Department to the Committee.

Mr. Anderson moved that the proposed modifications be approved. The motion was adopted.

Mr. Anderson moved that the proposed rule be approved as modified. The motion was adopted.
Joseph Altizer, Associate Counsel, explained the rule proposed by the Division of Health- Emergency Medical Services, 64CSR48, and stated that the Division has agreed to technical modifications. Mark King, Director of Emergency Medical Services, and Kelly Blackwell, Chief of the Bridgeport Fire Department, addressed the Committee and responded to questions.

Mr Linch moved that the proposed rule be moved to the foot of the agenda. The motion was adopted.

Rita Pauley, Associate Counsel, reviewed her abstract on the rule proposed by the Division of Health-Behavioral Health Consumer Rights, 64CSR74, stated that the Division has agreed to technical modifications and responded to questions.

Mr. Anderson moved that the proposed rule be approved as modified. The motions was adopted.

Mr. Altizer reminded the Committee that the rule proposed by the DEP, Office of Air Quality-To Prevent and Control Air Pollution From Hazardous Waste Treatment, Storage or Disposal Facilities, 45CSR25, had been reconsidered and moved to the foot of the agenda at the January 10, 1999, meeting with technical modifications and an amendment pending. Karen Watson, counsel for the Office of Air Quality, responded to questions from the Committee.

Mr. Linch moved that the Committee reconsider its action whereby it adopted an amendment to paragraph 5.12.1.c of the proposed rule at the December 16, 1998, meeting. The motion was adopted.

Mr. Anderson moved that the proposed rule be approved as modified. The motion was adopted.

Mr. Ross told the Committee that he had just been handed a letter withdrawing the rule proposed by the Division of Health-Behavioral Client Rights, 64CSR59.

Having voted on the prevailing side, Mr. Anderson moved that the Committee reconsider its action whereby it approved, as modified, the rule proposed by the Division of Health-Behavioral Health Consumer Rights, 64CSR74. The motion was adopted.

Mr. Anderson moved that the rule be moved to the foot of the agenda. The motion was adopted.

Ms. Graham explained the rule proposed by the Division of Health-Public Water Systems Capacity Development, 64CSR61, and stated that the Division has agreed to technical modifications.

Mr. Anderson moved that the proposed rule be approved as modified. The motion was adopted.

Ms. Pauley reviewed her abstract on the rule proposed by the Division of Health-Infectious Medical Waste, 64CSR56, and stated that the Division has agreed to technical modifications.

Mr. Anderson moved that the proposed rule be approved as modified. The motion was adopted.

Mr. Ross stated that the rule proposed by the Division of Health-Emergency Medical Services, 64CSR48, would be next. Mr. Blackwell and Mr. King addressed the Committee and responded to questions.

Mr. Anderson moved that the Committee request that the Division withdraw the proposed rule be withdrawn by the agency. The motion was adopted.

Ms. Graham explained the rule proposed by the Health Care Authority-Benchmarking and Discount Contract Rule, 65CSR26, and stated that the Health Care Authority has agreed to technical modifications.

Mr. Bowman moved that the proposed rule be approved as modified. The motion was adopted.

Ms. Graham reviewed her abstract on the rule proposed by the Board of Accountancy-Board Rules and Rules of Professional Conduct, 1CSR1, and stated that she had not been contacted by the Board regarding the technical modifications. Barry Kerber, Assistant Attorney General representing the Board, stated that the Board agrees to the technical modifications.

Mr. Faircloth moved that the proposed rule be approved as modified. The motion was adopted.

Mr. Linch moved that the Committee direct its staff to: prepare the Committee's report and submit the report to the Clerk's office of each House; draft a bill of authorization for each rule contained in the report; and cause the bills to be introduced in each House with the members of the Committee as sponsors in their respective Houses.

Mr. Faircloth told the Committee that he intends to continue working with the Department of Agriculture on the rule proposed by the Department, Marketing of Eggs Regulations, 61CSR7A.

Mr. Anderson told members of the Committee that any outstanding issues regarding the rule proposed by the Division of Health-Behavioral Health Consumer Rights, 64CSR74 would be worked out in the Standing Committees.

Mr. Anderson moved that the proposed rule be approved as modified. The motion was adopted.

The meeting was adjourned.