ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2345
(By Delegates Douglas, Hunt, Compton, Faircloth, Linch and Riggs)
[Passed April 12, 1997; in effect from passage.]
AN ACT 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hundred thirty-one, as amended, be repealed; and that sections one,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
**until the first day of JulyJuly 1, 1998 one thousand nine hundred ninety-eight:
Provided, That the director of the department
of health review, revise and propose, within the statutory deadline
and in accordance with the provisions of article three, chapter twenty-nine-a of this code, a rule for legislative consideration
during the legislative session of one thousand nine hundred ninety- eight
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.
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.
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