ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 350
(Senators
Minard, Fanning, Prezioso,
Unger, Boley and Minear
, original
sponsors)
__________
[Passed march 9, 2006; in effect from passage.]
__________
AN ACT to amend and reenact article 5, chapter 64 of the Code of
West Virginia, 1931, as amended; all relating generally to the
promulgation of administrative rules by the Department of
Health and Human Resources and the procedures relating
thereto; legislative mandate or authorization for the
promulgation of certain legislative rules by various executive
or 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 certain
legislative rules with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee;
authorizing certain of the agencies to promulgate certain
legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative
rules with various modifications presented to and recommended
by the Legislative Rule-Making Review Committee and as amended
by the Legislature; authorizing Department of Health and Human
Resources to promulgate a legislative rule relating to
assisted living residences; authorizing Department of Health
and Human Resources to promulgate a legislative rule relating
to Alzheimer's/dementia special care units and programs;
authorizing Department of Health and Human Resources and the
Insurance Commissioner to promulgate a legislative rule
relating to hospital licensure; authorizing Department of
Health and Human Resources to promulgate a legislative rule
relating to public water systems; authorizing Department of
Health and Human Resources to promulgate a legislative rule
relating to lead abatement licensing; authorizing Department
of Health and Human Resources to promulgate a legislative rule
relating to fees for permits; authorizing Department of Health
and Human Resources to promulgate a legislative rule relating
to cancer registry; authorizing Department of Health and Human
Resources to promulgate a legislative rule relating to
reportable diseases, events and conditions; and authorizing
Department of Health and Human Resources to promulgate a
legislative rule relating to regulation of opioid treatment
programs.
Be it enacted by the Legislature of West Virginia:
That article 5, chapter 64 of the Code of West Virginia, 1931,
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. Department of Health and Human Resources.
(a) The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand five, authorized under the
authority of section five, article five-d, chapter sixteen of this
code and of section five, article five-r of said chapter, modified
by the Department of Health and Human Resources to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the twenty-first day of December,
two thousand five, relating to the Department of Health and Human
Resources (assisted living residences, 64 CSR 14), is authorized.
(b) The legislative rule filed in the State Register on the
twenty-fifth day of July, two thousand five, authorized under the
authority of section five, article five-r, chapter sixteen of this
code, modified by the Department of Health and Human Resources to
meet the objections of the Legislative Rule-Making Review Committee
and refiled in the State Register on the twenty-first day of
December, two thousand five, relating to the Department of Health
and Human Resources (Alzheimer's/dementia special care units and
programs, 64 CSR 85), is authorized.
(c) The legislative rule filed in the State Register on the
nineteenth day of July, two thousand five, authorized under the
authority of section eight, article five-b, chapter sixteen of this
code, modified by the Department of Health and Human Resources to
meet the objections of the Legislative Rule-Making Review Committee
and refiled in the State Register on the eighteenth day of January,
two thousand six, relating to the Department of Health and Human
Resources (hospital licensure, 64 CSR 12), is authorized.
(d) The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand five, authorized under the
authority of section nine-a, article one, chapter sixteen, of this
code, modified by the Department of Health and Human Resources to
meet the objections of the Legislative Rule-Making Review Committee
and refiled in the State Register on the twenty-second day of
December, two thousand five, relating to the Department of Health
and Human Resources (public water systems, 64 CSR 3), is
authorized.
(e) The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand five, authorized under the
authority of section four, article one, chapter sixteen of this
code, and of section four, article thirty-five of said code,
modified by the Department of Health and Human Resources to meet
the objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the twenty-second day of December, two thousand five, relating to the Department of Health and Human
Resources (lead abatement licensing, 64 CSR 45), is authorized.
(f) The legislative rule filed in the State Register on the
twenty-ninth day of July, two thousand five, authorized under the
authority of sections four and eleven, article one, chapter sixteen
of this code, modified by the Department of Health and Human
Resources to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on the twenty-
second day of December, two thousand five, relating to the
Department of Health and Human Resources (fees for permits, 64 CSR
30), is authorized, with the following amendment:
On page three, subsection 3.12, by striking out the words "two
hundred fifty (250)" and inserting in lieu thereof the words "five
hundred (500)";
On line twelve, subsection 3.12, after the word "people.", by
inserting the following: "The term shall not include assembly in
any outdoor venue ordinarily used and equipped for such events.";
And,
On page seven, subsection 4.8, after the word "revision.", by
inserting the following: "The Commissioner may not approve any fees
that exceed an increase of twenty-five percent per year of the
local board's current fees, up to the maximum amount permitted. In
the event the local board is requesting a fee for a service on
which it does not currently impose a fee, the Commissioner may approve a fee that is no greater than twenty-five percent of the
maximum amount."
(g) The legislative rule filed in the State Register on the
twenty-ninth day of July, two thousand five, authorized under the
authority of section two-a, article five-a, chapter sixteen of this
code, modified by the Department of Health and Human Resources to
meet the objections of the Legislative Rule-Making Review Committee
and refiled in the State Register on the twenty-second day of
December, two thousand five, relating to the Department of Health
and Human Resources (cancer registry, 64 CSR 68), is authorized.
(h) The legislative rule filed in the State Register on the
twenty-ninth day of July, two thousand five, authorized under the
authority of section four, article one, chapter sixteen of this
code, modified by the Department of Health and Human Resources to
meet the objections of the Legislative Rule-Making Review Committee
and refiled in the State Register on the twenty-second day of
December, two thousand five, relating to the Department of Health
and Human Resources (reportable diseases, events and conditions, 64
CSR 7), is authorized.
(i) The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand five, authorized under the
authority of section four, article one, chapter sixteen of this
code, modified by the Department of Health and Human Resources to
meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-first day of
December, two thousand five, relating to the Department of Health
and Human Resources (regulation of opioid treatment programs, 64
CSR 90), is authorized.
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