COMMITTEE SUBSTITUTE
FOR
H. B. 2345
(By Delegates Douglas, Hunt, Compton, Faircloth, Linch and Riggs)
(Originating in the Committee on the Judiciary)
[March 25, l997]
A BILL to repeal sections four, five, six, seven and eight, article
five, chapter sixty-four of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; and to amend and
reenact sections one, two and three of said article, all
relating generally to the promulgation of administrative rules
by the various executive or administrative agencies and the
procedures relating thereto; legislative mandate or
authorization for the promulgation of certain legislative
rules by various executive and administrative agencies of the
state; authorizing certain of the agencies to promulgate
certain legislative rules in the form that the rules were
filed in the state register; authorizing certain of the
agencies to promulgate legislative rules as amended by the
Legislature; authorizing certain of the agencies to promulgate
legislative rules with various modifications presented to and recommended by the legislative rule-making review committee;
authorizing the division of health to promulgate a legislative
rule relating to nursing home licensure; authorizing the
division of health to promulgate a legislative rule relating
to child care centers; authorizing the division of health to
promulgate a legislative rule relating to emergency medical
services; authorizing the department of health and human
resources to promulgate a legislative rule relating to
clinical laboratory technician and technologist licensure and
certification; authorizing the division of health to
promulgate a legislative rule relating to residential board
and care homes; authorizing the commissioner of human services
to promulgate a legislative rule relating to certification
requirements for family day care facilities; authorizing the
support enforcement commission to promulgate a legislative
rule relating to obtaining support from federal and state
income tax refunds; and authorizing the support enforcement
commission to promulgate a legislative rule relating to
interstate income withholding.
Be it enacted by the Legislature of West Virginia:
That sections four, five, six, seven and eight, article five,
chapter sixty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be repealed,; and that sections one,
two and three of said article be amended and reenacted, all to read as follows:
ARTICLE 5. AUTHORIZATION FOR DEPARTMENT OF HEALTH AND HUMAN
RESOURCES TO PROMULGATE LEGISLATIVE RULES.
§64-5-1. State board of health; division of health.
(a) The legislative rule filed in the state register on the
eighth day of November, one thousand nine hundred ninety-six,
authorized under the authority of section five, article five-c,
chapter sixteen, of this code, modified by the division of health
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the twenty-seventh
day of February, one thousand nine hundred ninety-seven, relating
to the division of health (nursing home licensure, 64 CSR 13), is
authorized.
(b) The legislative rule filed in the state register on the
thirtieth day of August, one thousand nine hundred ninety-six,
authorized under the authority of section seven, article one,
chapter sixteen, of this code, modified by the division of health
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the twenty-sixth day
of February, one thousand nine hundred ninety-seven, relating to
the division of health (child care centers, 64 CSR 21), is
authorized.
(c) The legislative rule filed in the state register on the
thirtieth day of August, one thousand nine hundred ninety-six, authorized under the authority of section twenty-three, article
four-c, chapter sixteen, of this code, modified by the division of
health to meet the objections of the legislative rule-making review
committee and refiled in the state register on the twenty-eighth
day of February, one thousand nine hundred ninety-seven, relating
to the division of health (emergency medical services, 64 CSR 48),
is authorized.
(d) The legislative rule filed in the state register on the
twenty-seventh day of November, one thousand nine hundred
ninety-five, authorized under the authority of section five,
article five-c, chapter sixteen, of this code, modified by the
division of health to meet the objections of the legislative
rule-making review committee and refiled in the state register on
the twenty-sixth day of February, one thousand nine hundred
ninety-seven, relating to the division of health (residential board
and care homes, 64 CSR 65), is authorized.
(e) The legislative rule filed in the state register on the
fifth day of October, one thousand nine hundred ninety-five, under
the authority of section ten, article five-j, chapter sixteen, of
this code, modified by the director of the department of health to
meet the objections of the legislative rule-making review committee
and refiled in the state register on the thirty-first day of
October, one thousand nine hundred ninety-six, relating to the
department of health (clinical laboratory technician and technologist licensure and certification, 64 CSR 57), is authorized
with the following amendments:
"On page one, subsection 2.2.2, following the semi-colon, by
striking the word 'or';
On page one, by inserting a new 2.2.3, to read as follows:
'2.2.3. Any respiratory care provider licensed within the state
providing diagnostic testing within the scope of his or her
professional license who performs moderate complexity testing as
defined by CLIA, pursuant to 42 CFR 493.17; or';
'On pages one and two, by renumbering the subsequent
subdivision,.'"
And,
"On page 6, subsection 7.2, after the word 'Personnel', by
striking the period and inserting in lieu thereof the following:
'or by the International Society for Clinical Laboratory
Technology.'"
§64-5-2. Commissioner of human services.
(a) The legislative rule filed in the state register on the
thirtieth day of August, one thousand nine hundred ninety-six,
under the authority of section four, article two-b, chapter forty- nine, of this code, modified by the commissioner of human services
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the twenty-seventh
day of February, one thousand nine hundred ninety-seven, relating to the commissioner of human services (certification requirements
for family day care facilities, 78 CSR 18), is authorized.
§64-5-3. Child support enforcement commission.
(a) The legislative rule filed in the state register on the
thirtieth day of August, one thousand nine hundred ninety-six,
under the authority of section ten, article two, chapter forty- eight-a, of this code, modified by the child support enforcement
commission to meet the objections of the legislative rule-making
review committee and refiled in the state register on the twenty- eighth day of February, one thousand nine hundred ninety-seven,
relating to the child support enforcement commission (obtaining
support from federal and state income tax refunds, 97 CSR 3), is
authorized.
(b) The legislative rule filed in the state register on the
thirtieth day of August, one thousand nine hundred ninety-six,
under the authority of section twenty-three, article two, chapter
forty-eight-a, of this code, modified by the child support
enforcement commission to meet the objections of the legislative
rule-making review committee and refiled in the state register on
the twenty-eighth day of February, one thousand nine hundred
ninety-seven, relating to the child support enforcement commission
(interstate income withholding, 97 CSR 4), is authorized.