WEST VIRGINIA LEGISLATURE
2022 REGULAR SESSION
Introduced
House Bill 4303
By Delegates Rohrbach, Summers, D. Jeffries, Tully, G. Ward, Bates, Reed, Worrell, Rowan, and Mallow
[Introduced January 20, 2022; Referred to the Committee on Health and Human Resources]
A BILL to repeal §16-1-8, §16-1-13 and §16-1-21 of the Code of West Virginia, 1931, as amended; to amend and reenact §16-1-2, §16-1-3 §16-1-4, §16-1-5, §16-1-6, §16-1-7, §16-1-10, §16-1-11, §16-1-12, and §16-1-14 of said code; and to amend and reenact §16-2-2, §16-2-10, §16-2-11, §16-2-12, §16-2-13, §16-2-14, and §16-2-17 of said code, all relating to public health; repealing certain provisions; amending definitions; clarifying duties of the Secretary; amending rulemaking authority and the required experience of state health officer; modifying duties of commissioner; clarifying commissioner’s service on advisory boards; omitting requirement for annual report on health facility licensing account; modifying provisions on disposition of fees received by commissioner, disbursement of federal aid, and training of employees; clarifying meeting requirements and duties of local board of health; modifying provision concerning appointment of local health officer; amending powers of local health officer and financial provisions for local boards of health; and omitting Secretary’s review of certain legislative rules.
Be it enacted by the Legislature of West Virginia:
ARTICLE 1. STATE PUBLIC HEALTH SYSTEM.
§16-1-2. Definitions.
As used in this article:
(1) “Basic public health services” means those services
that are necessary to protect the health of the public. The three areas of
basic public health services are communicable and reportable disease prevention
and control, community health promotion and environmental health protection;
(2) “Bureau” means the Bureau for Public Health in the
Department;
(3) “Combined local board of health” means one form of
organization for a local board of health and means a board of health serving
any two or more counties or any county or counties and one or more
municipalities within or partially within the county or counties;
(4) “Commissioner” means the commissioner of the bureau,
who is the state health officer;
(5) “County board of health” means one form of
organization for a local board of health and means a local board of health
serving a single county;
(6) “Department” means the West Virginia Department of
Health and Human Resources;
(7) “Director” or “director of health” means the state
health officer. Administratively within the department, the bureau through its
commissioner carries out the public health functions of the department, unless
otherwise assigned by the secretary;
(8) “Essential public health services” means the core
public health activities necessary to promote health and prevent disease,
injury and disability for the citizens of the state. The services include:
(A) Monitoring health status to identify community health problems;
(B) Diagnosing and investigating health problems and health hazards in the community;
(C) Informing, educating and empowering people about health issues;
(D) Mobilizing community partnerships to identify and solve health problems;
(E) Developing policies and plans that support individual and community health efforts;
(F) Enforcing laws and rules that protect health and ensure safety;
(G) Uniting people with needed personal health services and assuring the provision of health care when it is otherwise not available;
(H) Promoting a competent public health and personal health care workforce;
(I) Evaluating the effectiveness, accessibility and quality of personal and population-based health services; and
(J) Researching for new insights and innovative solutions to health problems;
(9) “Licensing boards”
means those boards charged with regulating an occupation, business or
profession and on which the commissioner serves as a member;
(10) “Local board of health”, “local board” or “board”
means a board of health serving one or more counties or one or more
municipalities or a combination thereof;
(11) “Local health department” means the staff of the
local board of health;
(12) “Local health officer” means the physician with a
current West Virginia license to practice medicine who supervises and directs
the activities, services, staff and facilities of the local health department
and is appointed by the local board of health with approval by the
commissioner;
(13) “Municipal board of health” means one form of
organization for a local board of health and means a board of health serving a
single municipality;
(14) “Performance-based standards” means generally
accepted, objective standards such as rules or guidelines against which public
health performance can be measured;
(15) “Potential source of significant contamination” means
a facility or activity that stores, uses or produces substances or compounds
with potential for significant contaminating impact if released into the source
water of a public water supply;
(16) “Program plan” or “plan
of operation” means the annual plan for each local board of health that must be
submitted to the commissioner for approval
(17) “Public groundwater supply source” means a primary
source of water supply for a public water system which is directly drawn from a
well, underground stream, underground reservoir, underground mine or other
primary source of water supplies which is found underneath the surface of the
state;
(18) “Public surface water supply source” means a primary
source of water supply for a public water system which is directly drawn from
rivers, streams, lakes, ponds, impoundments or other primary sources of water
supplies which are found on the surface of the state;
(19) “Public surface water influenced groundwater supply
source” means a source of water supply for a public water system which is
directly drawn from an underground well, underground river or stream,
underground reservoir or underground mine, and the quantity and quality of the
water in that underground supply source is heavily influenced, directly or
indirectly, by the quantity and quality of surface water in the immediate area;
(20) “Public water system” means:
(A) Any water supply or system which regularly supplies or offers to supply water for human consumption through pipes or other constructed conveyances, if serving at least an average of 25 individuals per day for at least 60 days per year, or which has at least 15 service connections, and shall include:
(i) Any collection, treatment, storage and distribution facilities under the control of the owner or operator of the system and used primarily in connection with the system; and
(ii) Any collection or pretreatment storage facilities not under such control which are used primarily in connection with the system;
(B) A public water system does not include a system which meets all of the following conditions:
(i) Consists only of distribution and storage facilities and does not have any collection and treatment facilities;
(ii) Obtains all of its water from, but is not owned or operated by, a public water system which otherwise meets the definition;
(iii) Does not sell water to any person; and
(iv) Is not a carrier conveying passengers in interstate commerce;
(21) ”Public water utility” means a public water system
which is regulated by the West Virginia Public Service Commission pursuant to
the provisions of chapter twenty-four of this code;
(22) “Secretary” means the secretary of the department.
(23) “Service area” means the territorial jurisdiction of
a local board of health;
(24) “State Advisory
Council on Public Health” means the advisory body charged by this article with
providing advice to the commissioner with respect to the provision of adequate
public health services for all areas in the state;
(25) “State Board of
Health” means the secretary, notwithstanding any other provision of this code
to the contrary, whenever and wherever in this code there is a reference to the
State Board of Health;
(26) “Zone of critical concern” for a public surface water
supply is a corridor along streams within a watershed that warrant more
detailed scrutiny due to its proximity to the surface water intake and the
intake's susceptibility to potential contaminants within that corridor. The
zone of critical concern is determined using a mathematical model that accounts
for stream flows, gradient and area topography. The length of the zone of
critical concern is based on a five-hour time-of-travel of water in the streams
to the water intake, plus an additional one-fourth mile below the water intake.
The width of the zone of critical concern is 1,000 measured horizontally from
each bank of the principal stream and 500 feet measured horizontally from each
bank of the tributaries draining into the principal stream.
§16-1-3. Powers and duties of the secretary.
(a) The secretary may establish a state public health system.
(b) All powers and
duties of the director of health previously established by former section ten
of this article that are not specifically included in this chapter as powers
and duties of the commissioner are powers and duties of the secretary
(c)(b) As
necessary for the effective, efficient and economical operation of the system,
the secretary may from time to time delegate, assign, transfer or combine
responsibilities or duties to or among employees of the department.
(d) (c) Within the limits of applicable federal
law, the secretary may require every applicant for a license, permit,
certificate of registration, or registration under this chapter to place his or
her social security number on the application.
(d) The secretary may appoint advisory councils.
§16-1-4. Proposal of rules by the secretary.
(a) The secretary may
propose legislative rules in accordance with the provisions of §29A-3-1 et
seq. of this code that are necessary and proper to effectuate the
purposes of this chapter. The secretary may appoint or designate advisory
councils of professionals in the areas of hospitals, nursing homes, barbers and
beauticians, postmortem examinations, mental health and intellectual disability
centers and any other areas necessary to advise the secretary on rules.
(b) The rules may
include: but are not limited to, the regulation of
(1) Land usage endangering the public health: Provided, That no rules may 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 150 feet even though the total surface area of the 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. Notwithstanding the provisions of this subsection, nothing in this section may be construed to abate the authority of the department to:
(A) Restrict the subdivision or development of a tract for any more intense or higher density occupancy than a single-family dwelling unit;
(B) Propose or enforce rules applicable to single-family dwelling units for single-family dwelling unit sanitary sewerage disposal systems; or
(C) Restrict any subdivision or development which might endanger the public health, the sanitary condition of streams or sources of water supply;
(2) The sanitary condition of all institutions and schools, whether public or private, 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;
(3) 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 those facilities, without regard to whether the 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, and swimming pools in this state, whether publicly or privately owned;
(4) Safe drinking water, including:
(A) The maximum contaminant levels to which all public water systems must conform in order to prevent adverse effects on the health of individuals and, if appropriate, treatment techniques that reduce the contaminant or contaminants to a level which will not adversely affect the health of the consumer. The rule shall contain provisions to protect and prevent contamination of wellheads and well fields used by public water supplies so that contaminants do not reach a level that would adversely affect the health of the consumer;
(B) The minimum requirements for: Sampling and testing; system operation; public notification by a public water system on being granted a variance or exemption, or upon failure to comply with specific requirements of this section and rules promulgated under this section; record keeping; laboratory certification; as well as procedures and conditions for granting variances and exemptions to public water systems from state public water systems rules; and
(C) The requirements covering the production and distribution of bottled drinking water and may establish requirements governing the taste, odor, appearance and other consumer acceptability parameters of drinking water;
(5) Food and drug standards, including cleanliness, proscription of additives, proscription of sale and other requirements in accordance with §16-7-1 et seq. of this code as are necessary to protect the health of the citizens of this state;
(6) The training and examination requirements for emergency medical service attendants and emergency medical care technician-paramedics; the designation of the health care facilities, health care services, and the industries and occupations in the state that must have emergency medical service attendants and emergency medical care technician-paramedics employed, and the availability, communications and equipment requirements with respect to emergency medical service attendants and to emergency medical care technician-paramedics. Any regulation of emergency medical service attendants and emergency medical care technician- paramedics may not exceed the provisions of §16-4C-1 et seq. of this code;
(7) The health and sanitary conditions of establishments commonly referred to as bed and breakfast inns. For purposes of this article, “bed and breakfast inn” means an establishment providing sleeping accommodations and, at a minimum, a breakfast for a fee. 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. 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;
(8) Fees for services provided by the Bureau for Public Health including, but not limited to, laboratory service fees, environmental health service fees, health facility fees, and permit fees;
(9) The collection of data on health status, the health system and the costs of health care;
(c) The secretary shall
propose a rule for legislative approval in accordance with the provisions of
§29A-3-1 et seq. of this code for The
rule shall include the following provisions in accordance with:
(10) The distribution of state aid to local health departments and basic public health services funds in accordance with:
(A) Base allocation amount for each county;
(B) Establishment and administration of an emergency fund of no more than two percent of the total annual funds of which unused amounts are to be distributed back to local boards of health at the end of each fiscal year;
(C) A calculation of funds utilized for state support of local health departments;
(D) Distribution of remaining funds on a per capita weighted population approach which factors coefficients for poverty, health status, population density and health department interventions for each county and a coefficient which encourages counties to merge in the provision of public health services;
(E) A hold-harmless provision to provide that each local health department receives no less in state support for a period of four years beginning in the 2009 budget year.
The Legislature finds
that an emergency exists and, therefore, the secretary shall file an emergency
rule to implement the provisions of this section pursuant to the provisions
§29A-3-15 of this code. The emergency rule is subject to the prior approval of
the Legislative Oversight Commission on Health and Human Resources
Accountability prior to filing with the Secretary of State.
(d) The secretary may
propose rules for legislative approval that may include the regulation of other
health-related matters which the department is authorized to supervise and for
which the rule-making authority has not been otherwise assigned
(e) (b) The secretary shall not review any repair
or modernization of equipment at a public pool facility as long as such
activity does not change the scope of the facility or its current use and such
activity does not exceed $25,000 in planned cost.
§16-1-5. State health officer; appointment; qualifications; term.
The Commissioner of the
Bureau for Public Health is the state health officer and shall be appointed by
the secretary. The commissioner shall be a physician licensed under the
laws of this state to practice medicine or a person holding a doctorate degree
in public health administration. The commissioner shall have not less than
four years' experience in health services administration or a related field
The commissioner serves at the will and pleasure of the secretary and shall not
be actively engaged or employed in any other business, vocation or employment,
serving full time in the duties of the office as prescribed by this article.
§16-1-6. Powers and duties of the commissioner.
(a) The commissioner is the chief executive, administrative and fiscal officer of the Bureau for Public Health and has the following powers and duties:
(a) (1) To supervise and direct the fiscal and
administrative matters of the bureau, and in that regard and in accordance with
law, employ, fix the compensation of and discharge all persons necessary for
the proper execution of the public health laws of this state and the efficient
and proper discharge of the duties imposed upon, and execution of powers vested
in the commissioner by law and as directed by the secretary;
(b) (2) To enforce all laws of this state
concerning public health. to that end,
(3) The commissioner shall make, or cause to be made,
investigations and inquiries respecting To investigate the cause of
disease, especially of epidemics and endemic conditions, and the means of
prevention, suppression or control of those conditions; the source of sickness
and mortality, and the effects of environment, employment, habits and
circumstances of life on the public health.
The commissioner shall
further make, or cause to be made, inspections and examinations of (4) To inspect and examine food, drink
and drugs offered for sale or public consumption in the manner the commissioner
considers necessary to protect the public health and shall report all
violations of laws and rules relating to the law to the prosecuting attorney of
the county in which the violations occur;
(c) (5) To make complaint or cause proceedings to be
instituted against any person, corporation or other entity for the violation of
any public health law before any court or agency, without being required to
give security for costs; the action may be taken without the sanction of the
prosecuting attorney of the county in which the proceedings are instituted or
to which the proceedings relate;
(d) (6) To promote the provision of essential
public health services to citizens of this state;
(e) (7) To monitor the administration,
operation and coordination of the local boards of health and local health
officers;
(f) (8) To develop and maintain a state plan of
operation that sets forth the needs of the state in the areas of public health;
goals and objectives for meeting those needs; methods for achieving the stated
goals and objectives; and needed personnel, funds and authority for achieving
the goals and objectives;
(g) (9) To collect data as may be required to
foster knowledge on the citizenry's health status, the health system and costs
of health care;
(h) (10) To delegate to any appointee, assistant
or employee any and all powers and duties vested in the commissioner,
including, but not limited to, the power to execute contracts and agreements in
the name of the bureau: Provided, That the commissioner is responsible
for the acts of his or her appointees, assistants and employees;
(i) (11) To transfer at the direction of the
secretary, notwithstanding other provisions of this code any patient or
resident between hospitals and facilities under the control of the commissioner
and, by agreement with the state Commissioner of Corrections and otherwise in
accord with law, accept a transfer of a resident of a facility under the
jurisdiction of the state Commissioner of Corrections;
(j) (12) To make periodic reports to the Governor
and to the Legislature relative to specific subject areas of public health, the
state facilities under the supervision of the commissioner or other
matters affecting the public health of the people of the state; at the
direction of the secretary;
(k) At the direction of
the secretary, (13) To accept
and use for the benefit of the health of the people of this state, any gift or
devise of any property or thing which is lawfully given: Provided, That
if any gift is for a specific purpose or for a particular state hospital or
facility it shall be used as specified. Any profit which may arise from any
gift or devise of any property or thing shall be deposited in a special revenue
fund with the state Treasurer and shall be used only as specified by the donor
or donors;
(l) (14) To acquire by condemnation or otherwise
any interest, right, privilege, land or improvement and hold title to the land
or improvement, for the use or benefit of the state or a state hospital or facility,
and, by and with the consent of the Governor, and at the direction of the
secretary to sell, exchange or otherwise convey any interest, right,
privilege, land or improvement acquired or held by the state, state hospital or
state facility and deposit the proceeds from the sale, exchange or other
conveyance into the hospital services revenue account. Any condemnation
proceedings shall be conducted pursuant to chapter fifty-four of this code;
(m) (15) To inspect and enforce rules to control
the sanitary conditions of and license all institutions and health care
facilities as set forth in this chapter, including, but not limited to,
schools, whether public or private, public conveyances, dairies,
slaughterhouses, workshops, factories, labor camps, places of entertainment,
hotels, motels, tourist 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;
(n) (16) To make inspections, conduct hearings,
and to enforce the legislative rules concerning occupational and industrial
health hazards, the sanitary condition of streams, sources of water supply,
sewerage facilities, and plumbing systems, and the qualifications of personnel
connected with the supplies, facilities or systems without regard to whether
they are publicly or privately owned; and to make inspections, conduct hearings
and enforce the legislative rules concerning the design of chlorination and filtration
facilities and swimming pools;
(o) To provide in
accordance with this subdivision and the definitions and other provisions of
article one-a, chapter twenty-seven 27-1A-1 et seq. of this code, and as
directed by the secretary, for a comprehensive program for the care, treatment
and rehabilitation of alcoholics and drug abusers; for research into the cause
and prevention of alcoholism and drug abuse; for the training and employment of
personnel to provide the requisite rehabilitation of alcoholics and drug
abusers; and for the education of the public concerning alcoholism and drug
abuse
(p) (17) To provide in accordance with this
subdivision for a program for the care, treatment and rehabilitation of the
parents of sudden infant death syndrome victims; for the training and
employment of personnel to provide the requisite rehabilitation of parents of
sudden infant death syndrome victims; for the education of the public
concerning sudden infant death syndrome; for the responsibility of reporting
to the Legislature on a quarterly basis the incidence of sudden infant death
syndrome cases occurring in West Virginia; for the education of police,
employees and volunteers of all emergency services concerning sudden infant
death syndrome; for the state sudden infant death syndrome advisory council
to develop regional family support groups to provide peer support to families
of sudden infant death syndrome victims and for requesting appropriation of
funds in both federal and state budgets to fund the sudden infant death
syndrome program;
(q) (18) To establish and maintain a state
hygienic laboratory as an aid in performing the duties imposed upon the
commissioner, and to employ chemists, bacteriologists, and other
employees that may be necessary to properly operate the laboratory. The
commissioner may establish branches of the state laboratory at any points
within the state that are necessary in the interest of the public health;
(r) To establish and
fund a uniform health professionals data system to collect and maintain uniform
data on all health professionals in the state. This data shall include, but not
be limited to, the following information about each health professional: His or
her name, profession, the area of the state where he or she is practicing, his
or her educational background, his or her employer's name, and number of years
practicing within the profession. The boards provided for in articles three,
four, four-a, five, seven, seven-a, fourteen, fourteen-a, fifteen, sixteen,
twenty, twenty-one, twenty-three, twenty-eight, thirty-one, thirty-two,
thirty-four, thirty-five, thirty-six and thirty-seven, chapter thirty of this
code shall annually collect the data on health professionals under their
jurisdiction in the format prescribed by the commissioner. Each board shall pay
to the bureau annually, an amount determined by the commissioner to be a pro
rata portion, for anticipated expenses to establish and operate the uniform
health professionals data system required by this section. The commissioner may
standardize data collection methods if necessary to implement the provisions of
this section. The commissioner shall publish annually and make available, upon
request, a report setting forth the data which was collected the previous year;
areas of the state which the collected data indicates have a shortage of health
professionals; and projections, based upon the collected data, as to the need
for more health professionals in certain areas
(s) (19) To expend, for the purpose of performing
the public health duties imposed on the bureau, or authorized by law, any sums
appropriated by the Legislature. The commissioner may make advance payments to
public and nonprofit health services providers when the commissioner determines
it is necessary for the initiation or continuation of public health services.
The advance payments, being in derogation of the principle of payment only
after receipt of goods or services, shall be authorized only after serious
consideration by the commissioner of the necessity of the advance payments and
shall be for a period no greater than 90 days in advance of rendition of
service or receipt of goods and continuation of health services; and
(t) (20) To exercise all other powers delegated to
the commissioner by the secretary or by this chapter or otherwise in this code,
to enforce all health laws, and to pursue all other activities necessary and
incident to the authority and area of concern entrusted to the bureau or the
commissioner.
(b) The commissioner shall establish within the Bureau for Public Health, a Center for Local Public Health. The center shall:
(1) Enhance the quality and availability of essential public health services throughout the state provided by local boards of health;
(2) Provide technical assistance and consultation to a local board of health agency;
(3) Allocate and distribute funding based upon performance-based standards
(4) Provide technical assistance to the local public health workforce;
(5) Facilitate bi-directional communication;
(6) Establish a uniform state-wide computer system for the reporting of public health data;
(7) Inventory the services provided by a local board of health;
(8) Facilitate sharing of services between local boards of health;
(9) Create performance-based evaluation system based on standards established by legislative rule; and
(10) Enforce compliance with performance standards.
§16-1-7. Commissioner serving on advisory boards.
(a) Effective July 1,
2012, the commissioner serves on the West Virginia Board of Medicine, provided
in §30-3-1 et seq. of this code
(b) (a) Effective
July 1, 2012, The commissioner serves on the following advisory councils,
boards, and commissions:
(1) The Advisory Committee on Cancer (Cancer Registry);
(2) The Air Quality Board;
(3) The Appalachian States Low-level Radioactive Waste Commission;
(4) The Child Fatality Review Team;
(5) The Childhood Immunization Advisory Committee;
(6) The Early Intervention Coordinating Council;
(7) The Interagency Council on Osteoporosis;
(8) The Sewage Advisory Board;
(9) The State Emergency Response Commission;
(10) The State Groundwater Coordinating Committee;
(11) The Water Development Authority;
(12) The West Virginia Commission for the Deaf and Hard of Hearing;
(13) The West Virginia Infrastructure and Jobs Development Council; and
(14) Any other advisory council, board, or commission as assigned by the secretary except for business, professional, or occupational licensing boards.
(c) (b) Notwithstanding any other provision of this
code to the contrary The commissioner may, at his or her discretion
designate in writing a representative to serve in his or her stead at the
meetings and in the duties of all boards and commissions on which the
commissioner is designated as an ex officio member. The appropriately
designated representative or proxy acts with the full power and
authority of the commissioner in voting, acting upon matters concerning the
public health and welfare, and other business that is properly the duty of
any board or commission. The representative serves as proxy at the
commissioner’s will and pleasure. The provisions of this section do not
apply to the West Virginia Board of Medicine, the Air Quality Board, or other
board, commission, or body on which the commissioner is designated by this code
as chairman ex officio, secretary ex officio, or a board, commission, or body
on which the commissioner is designated by this code as being that person whose
signature must appear on licenses, minutes, or other documents necessary to
carry out the intents and purposes of the board, commission, or body
§16-1-8. Duties and powers of the commissioner; authorization to cooperate with any state health planning and development agencies and any federal government agencies in hospital and other health facility programs.
[Repealed.]
§16-1-10. Disposition of permit, license or registration fees received by the commissioner; report to Auditor; health facility licensing account.
(a) The commissioner shall receive and account for all moneys required to be paid as fees to the bureau for permits, licenses or registrations, pursuant to the provisions of this code and legislative rules.
(b) Subject to the provisions set forth in §12-2-2 of this code, there is continued in the state Treasury a separate account which shall be designated “the health facility licensing account.” The commissioner shall deposit to the health facility licensing account all health facility licensing fees and may spend the moneys deposited in the health facility licensing account in accordance with the laws of this state to implement activities of health facility licensing. As part of the annual state budget, the Legislature shall appropriate for health facility licensure all moneys deposited in the health facilities licensing account.
Any remaining balance
including accrued interest in the account at the end of any fiscal year shall
not revert to the General Revenue Fund, but shall remain in the account, and
the moneys may be spent after appropriation by the Legislature in ensuing fiscal
years. The commissioner shall make an annual report to the Legislature on
the health facility licensing account, including the previous fiscal year's
expenditures and projected expenditures for the next fiscal year
§16-1-11. Disposition of fees for services charged and received by the commissioner; health services fund.
(a) Notwithstanding any
other provisions of this chapter The commissioner may assess and charge
reasonable fees for the provision of services provided by the bureau: Provided,
That no individual may be denied health care services by the bureau because of
the inability of the individual to pay for services. when services are
provided to similarly situated individuals who have the ability to pay for them
The fees shall be deposited into a special revolving fund in the state Treasury
designated the “health services fund.”
(b) Any balance including accrued interest in the special revolving fund at the end of any fiscal year shall not revert to the General Revenue Fund but shall remain in the fund for use by the commissioner for funding health programs in the ensuing fiscal years.
(c) The commissioner may
authorize reasonable fees for the provision of services by local boards of
health as created in article two of this chapter: Provided, That no individual
may be denied health care services by the local health department because of
the inability of the individual to pay for services when services are provided
to similarly situated individuals who have the ability to pay for them. The
fees shall be deposited into the local board of health account for use by the
local board for funding health programs. The commissioner shall establish the
fees on a sliding fee basis determined by an individual's ability to pay: Provided,
however, That the local board of health may submit a request through the
administrator for third party reimbursement where the request is appropriate: Provided
further, That Local boards of health that establish fees shall annually
submit a schedule of fees, a sliding fee scale and an accounting of amounts
collected to the commissioner as part of its program plan or plan of operation.
(d) The secretary shall
propose legislative rules in accordance with article three, chapter
twenty-nine-a of this code, setting forth the fees established, assessed, and
charged by the commissioner
§16-1-12. Receipt and disbursement of federal aid and other moneys for health purposes.
(a) The commissioner at
the direction of the secretary, may accept, receive and receipt for federal
moneys and other moneys, either public or private, for and in behalf of this
state or any county or municipality of this state, for public health purposes,
or for the establishment or construction of public health facilities, whether
the work is to be done by the state, or by the county or municipality, or
jointly, aided by grants of aid from the United States, upon such terms and
conditions as are, or may be, prescribed by the laws of the United States and
regulations made thereunder. The commissioner may act as the agent of the state
or any of its agencies, or of any county or municipality of this state, upon
the request of any agency of the state or of any county or municipality, in
accepting, receiving and receipting for the moneys in its behalf, for public health
facilities financed either, in whole or in part, by federal moneys.
(b) The state, or any agency of the state, or any county or municipality may, designate the commissioner as its agent for the purposes set forth in subsection (a) of this section and the agency, county or municipality may enter into an agreement with the commissioner prescribing the terms and conditions of the agency in accordance with federal laws and regulations, and with the laws of this state. The moneys paid over by the United States government shall be retained by the state or paid over to the counties or municipalities under the terms and conditions imposed by the United States government in making the grants.
(c) All moneys accepted for
disbursement pursuant to this section shall be deposited by the secretary or
the commissioner in the state Treasury, and unless otherwise prescribed by the
authority from which the money is received, kept in separate funds, designated
according to the purpose for which the moneys were made available, and held by
the state in trust for those purposes. All moneys are hereby appropriated for
the purposes for which the moneys were made available and shall be expended in
accordance with federal laws and regulations and with the laws of this state.
The commissioner may, whether acting for the state or one of its agencies, or
as the agency for any county or municipality, when requested by the United
States government or any agency or department of the United States government,
or when requested by the state, a state agency, or any county or municipality
for which the moneys have been made available, disburse the moneys for the
designated purposes, but this shall not include any other authorized method of
disbursement.
§16-1-13. Hospital services revenue account; health facilities long-range plans.
[Repealed.]
§16-1-14. Training of employees.
To insure adequate
standards of public service The
commissioner may provide technical and specialized instruction for employees of
the bureau.
If upon review of the
personnel records of any employee of the bureau, the commissioner is of the
opinion that it would be in the best interest of the bureau to provide the
employee with additional training or instruction, not to exceed nine months in
any four-year period, in the field or vocation in which the employee is
engaged, the commissioner may, upon approval of the secretary, direct that the
employee obtain the additional training or instruction at any place the
commissioner considers suitable. Designated attendance of the employee shall be
compensated for as a part of regular employment The commissioner is further authorized to may
pay out of federal funds and such state funds as are available to match such
federal funds, any required tuition or enrollment fees.
§16-1-21. Creation of Diabetes Action Plan.
[Repealed.]
ARTICLE 2. LOCAL BOARDS OF HEALTH.
§16-2-2. Definitions.
Unless the context in which used clearly requires a different meaning, as used in this article:
(a) “Basic public health services” means those services
that are necessary to protect the health of the public and that a local board
of health must provide. The three areas of basic public health services are
communicable and reportable disease prevention and control, community health
promotion, and environmental health protection
(b) “Bureau” means the Bureau for Public Health in the
Department of Health and Human Resources;
(c) “Clinical and categorical programs” means those
services provided to individuals of specified populations and usually focus on
health promotion or disease prevention. These services are not considered
comprehensive health care but focus on specific health issues such as breast
and cervical cancer, prenatal and pediatric health services and home health
services;
(d) “Combined local board of health” is one form of
organization for a local board of health and means a board of health serving
any two or more counties or any county or counties and one or more
municipalities within or partially within the county or counties;
(e) “Commissioner” means the commissioner of the Bureau
for Public Health, who is the state health officer;
(f) “Communicable and reportable disease prevention and
control” is one of three areas of basic public health services each local
board of health must offer. Services shall include means disease
surveillance, case investigation and follow-up, outbreak investigation,
response to epidemics, and prevention and control of rabies, sexually
transmitted diseases, vaccine preventable diseases, HIV/AIDS, tuberculosis and
other communicable and reportable diseases;
(g) “Community health promotion” is one of three areas
of basic public health services each local board of health must offer. Services
shall include means assessing and reporting community health needs
to improve health status, facilitating community partnerships including
identifying the community's priority health needs, mobilization of a community
around identified priorities, and monitoring the progress of community health
education services;
(h) “County board of health” is one form of organization
for a local board of health and means a local board of health serving a single
county;
(i) “Department” means the West Virginia Department of
Health and Human Resources;
(j) “Director” or “director
of health” means the state health officer. Administratively within the
department, the Bureau for Public Health through its commissioner carries out
the public health function of the department, unless otherwise assigned by the
secretary
(k) “Environmental health protection” is one of three
areas of basic public health services each local board of health must offer.
Services shall include means efforts to protect the community from
environmental health risks including, inspection of housing, institutions,
recreational facilities, sewage and wastewater facilities; inspection and
sampling of drinking water facilities; and response to disease outbreaks or
disasters;
(l) “Enhanced public health services” means services that
focus on health promotion activities to address a major health problem in a
community, are targeted to a particular population and assist individuals in
this population to access the health care system; such as lead and radon
abatement for indoor air quality and positive pregnancy tracking. Enhanced
public health services are services a local health department may offer
(m) “Local board of health,” “local board” or “board”
means a board of health serving one or more counties or one or more
municipalities or a combination thereof;
(n) “Local health department” means the staff of the
local board of health;
(o) “Local health officer” means the individual physician
with a current West Virginia license to practice medicine who supervises and
directs the activities of the local health department services, staff and
facilities and is appointed by the local board of health; with approval by
the commissioner
(p) “Municipal board of health” is one form of
organization for a local board of health and means a board of health serving a
single municipality;
(q) “Performance-based standards” means generally
accepted, objective standards such as rules or guidelines against which a local
health department's level of performance can be measured;
(r) “Primary care services” means health care services,
including medical care, that emphasize first contact patient care and assume
overall and ongoing responsibility for the patient in health maintenance and
treatment of disease. Primary care services are services that local boards of
health may offer if the board has determined that an unmet need for primary
care services exists in its service area. Basic public health services funding
may not be used to support these services;
(s) “Program plan” or “plan of operation” means the
annual plan for each local board of health that must be submitted to the
commissioner for approval;
(t) “Secretary” means the secretary of the state
Department of Health and Human Resources; and
(u) “Service area” means the territorial jurisdiction of
the local board of health.
§16-2-10. Local board of health; meetings; attendance; bylaws; quorum; chairperson selection, powers and duties.
(a) Each A
local board of health may shall meet as often as necessary to
orderly and efficiently execute its duties and exercise its powers Provided,
That in a service area having a population of less than thirty thousand
residents, the board shall meet no fewer than four times per year and in a
service area having a population of more than thirty thousand residents, the
board shall meet but, no fewer than six times per year. Members of a
local board of health shall attend board meetings in compliance with attendance
policies established by its bylaws or rules.
(b) Each A
local board of health is authorized to and shall adopt and may amend
bylaws or rules governing the time and place of its regular meetings,
procedures and method of conducting its meetings. including quorum, meeting
attendance policies, requirements for written minutes and board actions as
public records, duties and election process for officers, process for filling
board vacancies, number, duties, tenure and eligibility of members, and any
other matters affecting how the board is organized to perform its duties A
quorum of the board for transacting business is a simple majority of the constituent
membership of the board.
(c) Each A
local board of health, pursuant to its bylaws, shall elect from its members a
chairperson. The chairperson shall serve for a term of one year and may be
reelected for additional terms. The chairperson may, on behalf of the board,
sign documents, execute contracts and otherwise act for and in the name of the
board in all matters within its lawful powers and as duly authorized by
a majority of the board members.
§16-2-11. Local board of health; powers and duties.
(a) Each A
local board of health created, established and operated pursuant to the
provisions of this article shall:
(1) Provide the following
basic public health services and programs in accordance with state
public health performance-based standards:
(i) (A) Community health promotion including
assessing and reporting community health needs to improve health status,
facilitating community partnerships including identifying the community's
priority health needs, mobilization of a community around identified priorities
and monitoring the progress of community health education services;
(ii) (B) Environmental health protection including
the promoting and maintaining of clean and safe air, water, food and facilities
and the administering of public health laws as specified by the commissioner as
to general sanitation, the sanitation of public drinking water, sewage and
wastewater, food and milk, and the sanitation of housing, institutions, and
recreation; and
(iii) (C) Communicable or reportable disease
prevention and control including disease surveillance, case investigation and
follow-up, outbreak investigation, response to epidemics, and prevention and
control of rabies, sexually transmitted diseases, vaccine preventable diseases,
HIV/AIDS, tuberculosis and other communicable and reportable diseases;
(D) Immunizations; and
(E) Threat preparedness.
(2) Appoint a local
health officer to serve at the will and pleasure of the local board of health
with approval of the commissioner;
(3) Submit a general
plan of operation to the commissioner for approval, if it receives any state or
federal money for health purposes. This program plan shall be submitted
annually and comply with provisions of the local board of health standards
administrative rule
(4) Provide equipment and facilities for the local health
department that are in compliance with federal and state law;
(5) (4) Permit the commissioner to act by and
through it, as needed. The commissioner may enforce all public health laws of
this state, the rules and orders of the secretary, any county commission orders
or municipal ordinances of the board's service area relating to public health,
and the rules and orders of the local board within the service area of a local
board. The commissioner may enforce these laws, rules and orders when, in the
opinion of the commissioner, a public health emergency exists or when the local
board fails or refuses to enforce public health laws and rules necessary to
prevent and control the spread of a communicable or reportable disease
dangerous to the public health. The expenses incurred shall be charged against
the counties or municipalities concerned;
(6) (5) Deposit all moneys and collected fees into
an account designated for local board of health purposes. The moneys for a
municipal board of health shall be deposited with the municipal treasury in the
service area. The moneys for a county board of health shall be deposited with
the county treasury in the service area. The moneys for a combined local board
of health shall be deposited in an account as designated in the plan of
combination: Provided, That nothing contained in this subsection is
intended to conflict with the provisions of article one, chapter sixteen of
this code;
(7) (6) Submit vouchers or other instruments
approved by the board and signed by the local health officer or designated
representative to the county or municipal treasurer for payment of necessary
and reasonable expenditures from the county or municipal public health funds: Provided,
That a combined local board of health shall draw upon its public health funds
account in the manner designated in the plan of combination;
(8) (7) Participate in audits, be in compliance
with tax procedures required by the state and annually develop a budget for the
next fiscal year;
(9) (8) Perform public health duties assigned by
order of a county commission or by municipal ordinance consistent with state
public health laws; and
(10) (9) Enforce the public health laws of this
state and any other laws of this state applicable to the local board.
(b) Each A
local board of health created, established and operated pursuant to the
provisions of this article may:
(1) Provide primary care services, clinical and categorical programs, and enhanced public health services;
(2) Employ or contract with
any technical, administrative, clerical or other persons, to serve as
needed and at the will and pleasure of the local board of health. Staff and
any contractors providing services to the board shall comply with applicable
West Virginia certification and licensure requirements. Eligible staff employed
by the board shall be covered by the rules of the Division of Personnel under
section six, article ten, chapter twenty-nine of this code. However, any local
board of health may, in the alternative and with the consent and approval of
the appointing authority, establish and adopt a merit system for its eligible
employees. The merit system may be similar to the state merit system and may be
established by the local board by its order, subject to the approval of the
appointing authority, adopting and making applicable to the local health
department all, or any portion of any order, rule, standard, or compensation
rate in effect in the state merit system as may be desired and as is properly
applicable
(3) Adopt and promulgate
and from time to time amend rules consistent with state public health laws and
the rules of the West Virginia State department of Health and Human
Resources, that are necessary and proper for the protection of the general
health of the service area and the prevention of the introduction, propagation
and spread of disease. All rules shall be filed with the clerk of the county
commission or the clerk or the recorder of the municipality or both and shall
be kept by the clerk or recording officer in a separate book as public records;
(4) Accept, receive and receipt for money or property from any federal, state or local governmental agency, from any other public source or from any private source, to be used for public health purposes or for the establishment or construction of public health facilities;
(5) Assess, charge and collect fees for permits and licenses for the provision of public health services: Provided, That permits and licenses required for agricultural activities may not be assessed, charged or collected: Provided, however, That a local board of health may assess, charge and collect all of the expenses of inspection of the physical plant and facilities of any distributor, producer or pasteurizer of milk whose milk distribution, production or pasteurization facilities are located outside this state but who sells or distributes in the state, or transports, causes or permits to be transported into this state, milk or milk products for resale, use or consumption in the state and in the service area of the local board of health. A local board of health may not assess, charge and collect the expenses of inspection if the physical plant and facilities are regularly inspected by another agency of this state or its governmental subdivisions or by an agency of another state or its governmental subdivisions certified as an approved inspection agency by the commissioner. No more than one local board of health may act as the regular inspection agency of the physical plant and facilities; when two or more include an inspection of the physical plant and facilities in a regular schedule, the commissioner shall designate one as the regular inspection agency;
(6) Assess, charge and
collect fees for services provided by the local health department as
approved by the appointing authority. Provided, That fees
for services shall be submitted to and approved by the commissioner: Provided,
however, That A local health
department may bill health care service fees to a payor which includes, but is
not limited to, Medicaid, a Medicaid Managed Care Organization and the Public
Employees Insurance Agency for medical services provided: Provided further,
That health care service fees billed by a local health department are not
subject to commissioner approval and may be at the payor’s maximum
allowable rate.
(7) Contract for payment with any municipality, county or Board of Education for the provision of local health services or for the use of public health facilities. Any contract shall be in writing and permit provision of services or use of facilities for a period not to exceed one fiscal year. The written contract may include provisions for annual renewal by agreement of the parties; and
(8) Retain and make available child safety car seats, collect rental and security deposit fees for the expenses of retaining and making available child safety car seats, and conduct public education activities concerning the use and preventing the misuse of child safety car seats: Provided, That this subsection is not intended to conflict with the provisions of §17C-15-46 of this code: Provided, however, That any local board of health offering a child safety car seat program or employee or agent of a local board of health is immune from civil or criminal liability in any action relating to the improper use, malfunction or inadequate maintenance of the child safety car seat and in any action relating to the improper placement, maintenance or securing of a child in a child safety car seat.
(c) The local boards of health are charged with protecting the health and safety, as well as promoting the interests of the citizens of West Virginia. All state funds appropriated by the Legislature for the benefit of local boards of health shall be used for provision of basic public health services.
§16-2-12. Local health officer; term of appointment; qualifications; reappointment; compensation; and removal.
A local board of health
shall appoint a full-time or part-time local health officer with approval by
the commissioner. The local health officer shall be a physician currently
licensed in this state and knowledgeable in the science of public health. A
local health officer serves at the will and pleasure of the local board for a
term of one year and is eligible for reappointment at compensation determined
by the local board of health.
A local health officer may be removed from office by the commissioner if the local health officer fails or refuses to carry out the lawful orders or rules of the secretary in the event the commissioner determines a public health emergency exists or if the local health officer fails or refuses to enforce public health laws and rules necessary to prevent and control the spread of communicable or reportable diseases dangerous to the public health. Upon removal, a successor local health officer shall immediately be appointed by the board pursuant to the provisions of this article.
§16-2-13. Local health officer; powers and duties.
(a) A local health officer
serves as the executive officer of the local board and under its supervision, a
local health officer shall administer the provisions of this article, all other
laws of this state and the rules and orders of the secretary of the
department relating to public health and applicable to the local board's
service area, any county commission orders and municipal ordinances of the
board's service area relating to public health and the rules and orders of the
local board.
(b) A local health officer
has the following additional powers and duties which may be delegated
with the approval of the board:
(1) To attend local board meetings as a nonvoting member. A local health officer serves as secretary at all board meetings and is responsible for maintaining the board's offices, meeting minutes and records;
(2) To supervise and direct the activities of the local board's health services, employees and facilities;
(3) To ensure that
procedures are established for the receipt of communicable or reportable disease
reports, from local physicians and other reporting sources and for the
transmittal of the reports to the commissioner;
(4) To perform mandatory HIV tests on persons convicted of sex-related offenses and resident within the service area; and
(5) To determine when sufficient corrections have been made to warrant removal of any restrictions or limitations placed on an individual or entity for public health purposes by an employee of the local board of health.
§16-2-14. Financial responsibilities of appointing authorities for local boards of health; levies; appropriation of county or municipal general funds for public health purposes; state funding.
The appointing authorities
for local boards of health shall provide financial support for the operation of
the local health department. The county commission of any county or the
governing body of any municipality in which a local board of health is
established pursuant to the provisions of this article, or the county
commission of any county or the governing body of any municipality who is a
participating member of a combined local board of health may levy a county or
municipal tax to provide funds for the local board of health: Provided, That
the tax may not exceed 3¢ on each $100 of assessed valuation of the taxable
property in the levying county or municipality, according to the latest
assessment.
The county commission of
any county or the governing body of any municipality in which a local board of
health is established, pursuant to the provisions of this article, or
the county commission of any county or the governing body of any municipality
who is a participating member of a combined local board of health may
appropriate and spend money from the county or municipal general funds for public
health purposes and to pay the expenses of the operation of the local board of
health services and facilities.
The commissioner and the
secretary may pay over and contribute to any board of health, created and
maintained pursuant to the provisions of this article the sum or sums of
money that may be available from funds included in appropriations made for the
department of Health and Human Resources. The commissioner may withhold
all or part of any funds until a local board of health submits an acceptable
plan to correct deficiencies in the local board's program plan.
§16-2-17. Event permit fees good for a year, reciprocity from other state health departments.
(a) A temporary food service permit issued by a local or county health department to an in-state vendor in their county of residence for preparing and selling non-potentially hazardous foods at a festival, scheduled event, or similar activity which is valid for any time period less than annual and any permit fee paid shall be valid for an entire calendar year for the vendor regardless of the length of time for which the first permit is issued and regardless of the number of subsequent festivals, events or activities for which the vendor requires the same permit. Non-potentially hazardous foods mean food that does not require time or temperature control for safety to limit pathogenic microorganism growth or toxin formation.
(b) The permit shall also be valid in the counties that border the vendor’s county of residence or 25 air miles, whichever is greater. No health department within these defined areas may charge a permit fee to any in-state vendor that has received a temporary food service permit to prepare and sell non-potentially hazardous foods by the other in-state health department during the same calendar year for the same type of activity, but may place conditions and limitations upon an issued permit to assure compliance with that health departments rules and standards for the type of permit being issued. Each vendor must provide notice to the local health department with jurisdiction at least 14 days prior to the start of the festival, event or activity. The permit must be visibly posted at the festival, event, or activity or the permit is not valid.
(c) The Secretary shall review and modernize
legislative rules regarding local boards of health fees located in 64 CSR 30 in
the next filing period
NOTE: The purpose of this bill relates generally to public health; repealing certain provisions; amending definitions; clarifying duties of the Secretary; amending rulemaking authority and required experience for the state health officer; modifying duties of commissioner; clarifying commissioner’s service on advisory boards; omitting requirement for annual report on health facility licensing account; modifying provisions on disposition of fees received by commissioner, disbursement of federal aid, and training of employees; clarifying meeting requirements and duties of local board of health; modifying provision concerning appointment of local health officer; amending powers of local health officer and financial provisions for local boards of health; and omitting Secretary’s review of certain legislative rules.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.