COMMITTEE SUBSTITUTE
FOR
H. B. 2231
(By Delegates Proudfoot, Mezzatesta, Staton and Martin)
(Originating in the Committee on
Health and Human Resources)
[March 27, 1997]
A BILL to amend and reenact section seven, article one, chapter
sixteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to rules proposed by
the secretary of the department of health and human services
regarding public health; requiring sanitary inspections of
institutions and schools to include restrooms and cafeterias;
requiring the posting of a copy of inspections reports; and
making technical changes.
Be it enacted by the Legislature of West Virginia:
That section seven, article one, chapter sixteen of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 1. STATE BUREAU OF PUBLIC HEALTH.
§16-1-7. Promulgation of rules and regulations; references to board to mean secretary of department of health and
human resources.
(a) The secretary of the department of health and human
resources shall have the power to promulgate such propose rules
and regulations, for legislative approval in accordance with the
provisions of article three, chapter twenty-nine-a of the this
code, as are necessary and proper to effectuate the purposes of
this chapter and prevent the circumvention and evasion thereof:
Provided,
That no rules or regulations shall be promulgated or
enforced restricting the subdivision or development of any parcel
of land within which the individual tracts, lots or parcels exceed
two acres each in total surface area and which individual tracts,
lots or parcels have an average frontage of not less than one
hundred fifty feet even though the total surface area of said
tract, lot or parcel equals or exceeds two acres in total surface
area, and which tracts are sold, leased or utilized only as single
family dwelling units. The provisions next above notwithstanding,
nothing in this section shall be construed to abate the authority
of the department of health and human resources to:
(1) Restrict the subdivision or development of such tract for
any more intense or higher density occupancy than such single
family dwelling unit;
(2) promulgate Propose and enforce rules and regulations
applicable to single family dwelling units for single family dwelling unit sanitary sewerage disposal systems; or
(3) Restrict any subdivision or development which might
endanger the public health, the sanitary condition of streams, or
sources of water supply.
(b) The secretary shall have the power to may appoint or
designate advisory councils of professionals in the areas of
hospitals, nursing homes, barbers and beauticians, postmortem
examinations, mental health and mental retardation centers and such
other areas as it deems deemed necessary to advise the secretary on
rules. and regulations.
(c) Such The rules required by this section and regulations
shall include, but not be limited to, the regulation of:
(1) The sanitary condition of all institutions and schools,
whether public or private, including restrooms and cafeterias
therein, public conveyances, dairies, slaughterhouses, workshops,
factories, labor camps, all other places open to the general public
and inviting public patronage or public assembly, or tendering to
the public any item for human consumption, and places where trades
or industries are conducted: Provided, That the rules shall
require public and private institutions and schools to post a copy
of all inspection reports conducted by the department or any local
or municipal board of health in a conspicuous place and make the
reports available to the public;
(2) Occupational and industrial health hazards, the sanitary conditions of streams, sources of water supply, sewerage facilities
and plumbing systems, and the qualifications of personnel connected
with any of such facilities, without regard to whether such
supplies or systems are publicly or privately owned; and the design
of all water systems, plumbing systems, sewerage systems, sewage
treatment plants, excreta disposal methods, swimming pools in this
state, whether publicly or privately owned;
(3) Food and drug standards, including cleanliness,
proscription of additives, proscription of sale, and other
requirements in accordance with article seven of this chapter, as
are necessary to protect the health of the citizens of this state;
(4) The training and examination requirements for emergency
medical service attendants and mobile intensive care paramedics;
the designation of the health care facilities, health care
services, and the industries and occupations in the state which
must have emergency medical service attendants and mobile intensive
care paramedics employed, and the availability, communications, and
equipment requirements with respect thereto;
(5) The collection of data on health status, the health
system and the costs of health care;
(6) Other health-related matters which the department of
health is authorized to supervise, and for which the rule-making
authority has not been otherwise assigned;
(7) The health and sanitary conditions of establishments commonly referred to as bed and breakfast inns. For purposes of
this section, "bed and breakfast inn" means an establishment
providing sleeping accommodations and, at a minimum, a breakfast
for a fee: Provided,
That the secretary may not require an owner
of a bed and breakfast providing sleeping accommodations of six or
fewer rooms to install a restaurant style or commercial food
service facility: Provided, however,
That the secretary may not
require an owner of a bed and breakfast providing sleeping
accommodations of more than six rooms to install a restaurant-type
or commercial food service facility if the entire bed and breakfast
inn or those rooms numbering above six are used on an aggregate of
two weeks or less per year.
(d) Notwithstanding any other provision of this code to the
contrary, whenever in this code there is a reference to the state
board of health, it shall be construed to mean and shall be a
reference to the secretary of the state department of health and
human resources.
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