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Introduced Version Senate Bill 636 History

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Key: Green = existing Code. Red = new code to be enacted
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Senate Bill No. 636

(By Senator Prezioso)

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[Introduced February 11, 2008; referred to the Committee on Health and Human Resources; and then to the Committee on Finance.]

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A BILL to amend and reenact §16-5B-1 of the Code of West Virginia, 1931, as amended, relating to requiring licensing and oversight of free clinics by the Bureau for Public Health.

Be it enacted by the Legislature of West Virginia:
That §16-5B-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 5B. HOSPITALS AND SIMILAR INSTITUTIONS.
§16-5B-1. Health facilities and certain other facilities operated in connection therewith to obtain license; exemptions; meaning of hospital, etc.

No person, partnership, association, corporation or any local governmental unit or any division, department, board or agency thereof shall may establish, conduct or maintain in the State of West Virginia any ambulatory health care facility, ambulatory surgical facility, freestanding or operated in connection with a hospital, hospital or extended care facility operated in connection with a hospital, without first obtaining a license therefor in the manner hereinafter provided: Provided, That only one license shall be is required for any person, partnership, association, corporation or any local governmental unit or any division, department, board or agency thereof who operates any combination of an ambulatory health care facility, ambulatory surgical facility, hospital, extended care facility operated in connection with a hospital or more than one thereof, at the same location. Ambulatory health care facilities, ambulatory surgical facilities, hospitals or extended care facilities operated in connection with a hospital operated by the federal government or the state government shall be are exempt from the provisions of this article.
A hospital or extended care facility operated in connection with a hospital, within the meaning of as used in this article, shall mean means any institution, place, building or agency in which an accommodation of five or more beds is maintained, furnished or offered for the hospitalization of the sick or injured: Provided, That nothing contained in this article shall apply applies to nursing homes, rest homes, personal care facilities, homes for the aged, extended care facilities not operated in connection with a hospital, boarding homes, homes for the infirm or chronically ill, convalescent homes, hotels or other similar places that furnish to their guests only board and room, or either of them: Provided, however, That the hospitalization, care or treatment in a household, whether for compensation or not, of any person related by blood or marriage, within the degree of consanguinity of second cousin to the head of the household, or his or her spouse, shall not be deemed to constitute is not the premises a hospital or extended care facility operated in connection with a hospital, within the meaning of for purposes of this article.
An "ambulatory health care facility" shall include includes any facility which provides health care or mental health care to noninstitutionalized persons on an outpatient basis, including a free clinic. This definition does not include the legally authorized practice of medicine by any one or more persons in the private office of any health care provider.
"Ambulatory surgical facility" means a facility which provides surgical treatment to patients not requiring hospitalization. This definition does not include the legally authorized practice of surgery by any one or more persons in the private office of any health care provider.
Nothing in this article or the rules and regulations adopted pursuant to the provisions of this article shall be construed to authorize authorizes the licensure, supervision, regulation or control in any manner of: (1) Private offices of physicians, dentists or other practitioners of the healing arts; (2) dispensaries and first aid stations located within business or industrial establishments maintained solely for the use of employees: Provided, That such the facility does not contain inpatient or resident beds for patients or employees who generally remain in the facility for more than twenty-four hours.
Nothing in this article shall authorize authorizes any person, partnership, association, corporation or any local governmental unit or any division, department, board or agency thereof to engage in any manner in the practice of medicine, as defined by law. This article shall not be construed to does not restrict or modify any statute pertaining to the placement or adoption of children.


NOTE: The purpose of this bill is to require the Office of Health Facility Licensing and Certification to license free clinics within West Virginia.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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