H. B. 2130
(By Delegates Border, Kiss, Anderson,
Manuel and Love)
[Introduced January 23, 1995; referred to the
Committee on Political Subdivisions then Finance.]
A BILL to amend and reenact section eight-b, article fifteen,
chapter eight of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; and to amend and
reenact section three, article two-a, chapter sixteen of
said code, all relating to firefighters; providing for
payment of the cost of providing immunizations against
hepatitis-b and other blood borne pathogens to firefighters;
and requiring local health departments to maintain records
of immunizations.
Be it enacted by the Legislature of West Virginia:
That section eight-b, article fifteen, chapter eight of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that section three,
article two-a, chapter sixteen of said code be amended and
reenacted, all to read as follows:
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 15. FIRE FIGHTING; FIRE COMPANIES AND DEPARTMENTS;
CIVIL SERVICE FOR PAID FIRE DEPARTMENTS.
§8-15-8b. Authorized expenditures of revenues from the municipal
pensions and protection fund and the fire
protection fund.
Revenues allocated to volunteer and part volunteer fire
companies and departments may be expended only for the items
listed in subdivisions (a) through (g) (h) of this section. Such
expenditures may be made for the following:
(a) Personal protective equipment, including protective head
gear, bunker coats, pants, boots, combination of bunker pants and
boots, coats and gloves;
(b) Equipment for compliance with the national fire
protection standard or automotive fire apparatus, NFPA-1901;
(c) Compliance with insurance service office recommendations
relating to fire departments;
(d) Rescue equipment, communications equipment and ambulance equipment: Provided, That no moneys received from the municipal
pensions and protection fund or the fire protection fund may be
used for equipment for personal vehicles owned or operated by
volunteer fire company or department members;
(e) Capital improvements reasonably required for effective
and efficient fire protection service and maintenance thereof;
(f) Retirement of debts; and
(g) Payment of utility bills; and
(h) Payment of the cost of immunizations, including any
laboratory work incident thereto, for firefighters against
hepatitis-b and other blood borne pathogens: Provided, That the
vaccine shall be purchased through the state immunization program
or from the lowest cost vendor available:
Provided, however,
That volunteer and part volunteer fire companies and departments
shall seek to obtain no cost administration of the vaccinations
through local boards of health:
Provided further,
That in the
event any volunteer or part volunteer fire company or department
is unable to obtain no cost administration of the vaccinations
through a local board of health the company or department shall
seek to obtain the lowest cost available for the administration of the vaccinations from a licensed health care provider.
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 2A. ALTERNATIVE METHOD OF ORGANIZING LOCAL HEALTH
AGENCIES.
§16-2A-3. Powers and duties of county and municipal boards of
health; filing of rules.
County or municipal boards of health created and established
pursuant to the provisions of this article shall direct,
supervise, and control all matters relating to the general health
and sanitation of their respective counties or municipalities.
and shall possess and exercise such power in relation thereto as
may be exercised and is possessed by the state board of health or
the director, as the case may be, so far as such powers are
applicable to such county or municipality. Such The local
boards of health shall also have the power and authority to adopt
and promulgate and from time to time amend such rules, and
regulations consistent with the public health laws of this state
and the rules and regulations of the West Virginia state
department of health and human resources, as may be necessary and
proper for the protection of the general health of the county or
municipality and the prevention of the introduction, propagation and spread of disease. therein All such rules and regulations
shall be filed, in the case of a county board, with the clerk of
the county commission, and in the case of a municipal board, with
the clerk, recorder, or similar officer of the municipality.
Such The rules and regulations shall be kept by such the clerk or
recording officer in a separate book and shall be public records.
It shall be is the duty of such local boards of health to
protect the general health and supervise and control the
sanitation of their respective counties and municipalities; to
enforce the laws of this state pertaining to public health, and
the rules and regulations of the department of health and human
resources, insofar as they are applicable to such counties or
municipalities, and to perform such duties in relation to public
health as may be prescribed by order of the county commission of
such counties or by ordinances of such municipalities, ordinance
of the municipality consistent with the public health laws of
this state and the regulations duly adopted by the state board of
health department of health and human resources. All such local
boards of health receiving state or federal funds for health
purposes shall submit a general plan of operation for health purposes to the commissioner of the bureau of public health for
approval. first receive approval by the director of the state
department of health of their general plans of operation for
health purposes. Such director The commissioner may if deemed
necessary or expedient by him, act through any county or
municipal board of health created, established and operated
pursuant to the provisions of this article.
Local departments of health created and established pursuant
to the provisions of either this article or article two of this
chapter shall be notified of each immunization for hepatitis-b
and other blood borne pathogens received by firefighters within
the service area of the local department of health. Local
departments of health shall maintain, for a period of not less
than thirty years, a record of the date of the immunization and
the name of each firefighter within the service area of the local
health department immunized against hepatitis-b and other blood
borne pathogens.
NOTE: This bill permits the payment of the cost of
immunizations and laboratory work incident thereto for
firefighters against hepatitis-b and other blood borne pathogens
to be paid out of revenues allocated to volunteer and part
volunteer fire companies and departments. The bill encourages the attempt to obtain vaccinations at no cost. It also requires
local health departments to maintain records of these
immunizations.
FINANCE COMMITTEE TITLE AMENDMENT
A BILL to amend and reenact section eight-b, article fifteen,
chapter eight of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; and to amend and
reenact section three, article two-a, chapter sixteen of
said code, all relating to firefighters; providing for
payment of the cost of providing immunizations against
hepatitis-b and other blood borne pathogens to firefighters;
requiring volunteer and part volunteer fire departments to
obtain no cost or lowest cost vaccinations from local boards
of health or from a licensed health care provider; requiring
local health departments to maintain records of
immunizations; and approval of general plan of operation of
local boards of health by the commissioner of public health.