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Introduced Version House Bill 4167 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 4167

(By Delegates Hunt, Linch, Compton, Jenkins,


Faircloth and Riggs)

[Introduced January 30, 1998; referred to the

Committee on Government Organization then the Judiciary.]





A BILL to amend and reenact section one, article five, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the division of health to promulgate a legislative rule relating to asbestos abatement licensing.

Be it enacted by the Legislature of West Virginia:

That section one, article five, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, 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 July 1, 1998: 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.'"
(f) The legislative rule filed in the state register on the eighteenth day of November, one thousand nine hundred ninety-six, authorized under the authority of section three, article thirty-two, 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 sixteenth day of December, one thousand nine hundred ninety-seven, relating to the division of health (asbestos abatement licensing, 64 CSR 63), is authorized.

NOTE: The purpose of this bill is to authorize the Division of Health to promulgate a legislative rule relating to Asbestos Abatement Licensing.

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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