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Senate Bill 278 History
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ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 278
(Senators Minard, Fanning, Prezioso, Unger and Boley,
original sponsors)
____________
[Passed March 10, 2007; in effect from passage.]
____________
AN ACT to amend and reenact article 5, chapter 64 of the Code of
West Virginia, 1931, as amended, 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 Department of Health and
Human Resources; 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 Health Care Authority to promulgate
a legislative rule relating to certificates of need
;
authorizing Health Care Authority to promulgate a legislative
rule relating to health services offered by health
professionals
;
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 public
water system operators
;
authorizing Department of Health and
Human Resources to promulgate a legislative rule relating to
nursing home licensure; authorizing
Department of Health and
Human Resources to promulgate a legislative rule relating to
recreational water facilities;
authorizing
Department of
Health and Human Resources to promulgate a legislative rule
relating to vital statistics;
authorizing Department of Health
and Human Resources to promulgate a legislative rule relating
to emergency medical services
; authorizing Division of Human
Services to promulgate a legislative rule relating to child
care center licensing;
authorizing Division of Human Services
to promulgate a legislative rule relating to child-placing
agencies' licensure
; authorizing Division of Human Services to
promulgate a legislative rule relating to minimum licensing
requirements for group residential facilities in West
Virginia; authorizing Division of Human Services to promulgate
a legislative rule relating to family child care facility
licensing requirements; authorizing Division of Human Services to promulgate a legislative rule relating to family child care
home registration requirements; and authorizing Division of
Human Services to promulgate a legislative rule relating to
informal and relative family child care home registration
requirements.
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. Health Care Authority.
(a) The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand six, authorized under the
authority of section eight, article two-d, chapter sixteen of this
code, modified by the Health Care Authority 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
seven, relating to the Health Care Authority (certificate of need,
65 CSR 7) is authorized.
(b) The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand six, authorized under the
authority of section eight, article two-d, chapter sixteen of this
code, modified by the Health Care Authority 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
seven, relating to the Health Care Authority (health services
offered by health professionals, 65 CSR 17) is authorized with the following amendments:
On page one, subsection 1.2., by striking out "@" and
inserting in lieu thereof "c";
On page one, section two, by striking subdivision 2.1.c. in
its entirety and inserting in lieu thereof the following:
"2.1.c. Any facility owned or operated by one or more health
professionals licensed, authorized, or organized pursuant to
Chapter 30 of the West Virginia Code which offers laboratory or
imaging services to patients that are sent by other licensed health
care professionals for the sole purpose of obtaining the laboratory
or imaging services, regardless of the cost associated with the
proposal. A facility shall not be deemed a diagnostic center under
subsection 2.1.c. if the proportion of laboratory procedures
performed on such patients does not exceed 25% of the total
laboratory procedures performed by the facility, and the proportion
of imaging procedures performed on such patients does not exceed
25% of the total imaging procedures performed by the facility;";
On page two, paragraph 2.1.g.1., after the words "first
offered;" by striking out the word "or";
And,
On page two, paragraph 2.1.g.2., by changing the period to a
semi-colon and inserting the word "or" and the following:
"2.1.g.3. Such laboratory or imaging services were offered by
the private office practice on the effective date of this rule;
provided however, that the number of laboratory or imaging
procedures performed on patients who are sent to the private office
practice subsequent to the effective date of this rule for the sole purpose of obtaining laboratory or imaging services must remain at
or below the level performed on such patients in 2006, or the level
established by calculating an annual average based upon calendar
years 2004 through 2006, inclusive.".
§64-5-2. Department of Health and Human Resources.
(a) The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand six, authorized under the
authority of section four, article one, chapter sixteen of this
code relating to the Department of Health and Human Resources
(public water systems, 64 CSR 3) is authorized.
(b) The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand six, 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 six, relating to the Department of Health
and Human Resources (public water system operators, 64 CSR 4) is
authorized.
(c) The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand six, authorized under the
authority of section six, 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 nineteenth day of
December, two thousand six, relating to the Department of Health
and Human Resources (nursing home licensure, 64 CSR 13) is authorized.
(d) The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand six, 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 six, relating to the Department of Health
and Human Resources (recreational water facilities, 64 CSR 16) is
authorized with the following amendments:
On page four, section six, by striking out all of subsection
6.1. and inserting in lieu thereof a new subsection 6.1., to read
as follows:
6.1. A recreational water facility that is designed,
constructed or renovated after the effective date of this rule
shall comply with the National Spa and Pool Institute ANSI/NSPI-1
2003 Standard for Public Swimming Pools, ANSI/NSPI-2 1999 Standard
for Public Spas, ANSI/IAF-9 2005 Standard for Public Water Parks
and ANSI/APSP-7 2006 National Standard for Suction Entrapment
Avoidance in Swimming Pools, Wading Pools, Spa, Hot Tubs, and Catch
Basins. These standards are available through the internet at:
http://www.nspi.org.;
And,
On page nine, section ten, by striking out all of subdivision
10.12.a. and inserting in lieu thereof a new subdivision 10.12.a.,
to read as follows:
10.12.a. Pools with single suction outlets must meet National Spa and Pool Institute ANSI/NSPI-1 2003 Standard for Public
Swimming Pools, public spa suction outlets must meet ANSI/NSPI-2
1999 Standard for Public Spas, and Public Water Park suction
outlets must meet ANSI/IAF-9 2005 Standard for Public Water Parks
and ANSI/APSP-7 2006 National Standard for Suction Entrapment
Avoidance in Swimming Pools, Wading Pools, Spa, Hot Tubs, and Catch
Basins. These standards are available through the internet at:
http://www.nspi.org.
(e) The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand six, authorized under the
authority of section three, article five, 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
January, two thousand seven, relating to the Department of Health
and Human Resources (vital statistics, 64 CSR 32) is authorized.
(f) The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand six, authorized under the
authority of section fourteen, article four-c, 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 six, relating to the Department of
Health and Human Resources (emergency medical services, 64 CSR 48)
is authorized
with the following amendments:
On page forty-eight, section eighteen, subsection 18.6, line
thirty-nine, following the word "of", by inserting the words "Examiners for";
On page forty-eight, section eighteen, subsection 18.7, line
forty-three, following the word "or" by inserting the words
"Examiners for";
And,
On page forty-eight, section eighteen, subsection 18.7, line
forty-three, following the word "Nurses" by inserting the words "or
his or her designee".
§64-5-3. Division of Human Services.
(a) The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand six, authorized under the
authority of section four, article two-b, chapter forty-nine of
this code, modified by the Division of Human Services to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the sixth day of December, two
thousand six, relating to the Division of Human Services (child
care center licensing, 78 CSR 1) is authorized with the following
amendments:
On page eleven, subsection 4.6, by striking out "4.6.a." and
by redesignating paragraphs 4.6.a.1. through 4.6.a.3. as
subdivisions 4.6.a. through 4.6.c.;
On page twenty, subdivision 8.4.c., by striking out "8.4.d."
and inserting in lieu thereof "8.4.e.";
On page sixty-eight, subsection 19.11, by striking out
"19.11.a." and by redesignating paragraphs 19.11.a.1. through
19.11.a.4. as subdivisions 19.11.a. through 19.11.d.;
And,
On page seventy-three, section twenty-two, by striking out
"22.1." and by redesignating subdivisions 22.1.a. through 22.1.h.
as subdivisions 22.1. through 22.8.
(b) The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand six, authorized under the
authority of section four, article two-b, chapter forty-nine of
this code, modified by the Division of Human Services to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the twentieth day of November, two
thousand six, relating to the Division of Human Services (child
placing agencies' licensure, 78 CSR 2) is authorized with the
following amendments:
On page six, subsection 4.4., by striking out "4.4.a.";
On page seven, subsection 4.5., by striking out "4.5.a.";
On page seven, subsection 4.7., by striking out "4.7.1.";
On page eighteen, subdivision 8.1.d., by striking out
"8.1.d.1.";
On page twenty-four, subdivision 9.6.1., by striking out
"9.6.a.1.";
On page twenty-eight, subsection 10.6., by striking out
"10.6.a.";
On page thirty-nine, section seventeen, by striking out
"17.1." and by redesignating subdivisions 17.1.a. through 17.1.c as
subdivisions 17.1 through 17.3;
On page forty, section eighteen, by striking out "18.1.";
On pages fifty and fifty-one, section twenty-six, by striking
out "26.1." and by redesignating subdivisions 26.1.a. through 26.1.c. as subdivisions 26.1. through 26.3.;
And,
On page fifty-one, section twenty-seven, by striking out
"27.1.".
(c) The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand six, authorized under the
authority of section four, article two-b, chapter forty-nine of
this code, modified by the Division of Human Services 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 six, relating to the Division of Human Services
(minimum licensing requirements for group residential facilities in
West Virginia, 78 CSR 3) is authorized with the following
amendments:
On page two, subsection 2.2, by striking out "2.2.a.";
On pages two and three, subsection 2.3., by striking out
"2.3.a." and by redesignating paragraphs 2.3.a.1. through 2.3.6. as
subdivisions 2.3.a. through 2.3.f.;
On page seventeen, subsection 4.11., by striking out
"4.11.a.";
On page seventeen, subsection 4.12., by striking out
"4.12.a.";
On pages twenty-two and twenty-three, subsection 5.8., by
striking out "5.8.a." and by redesignating paragraphs 5.8.a.1.
through 5.8.4. as subdivisions 5.8.a. through 5.8.d.;
On page twenty-three, subsection 5.10., by striking out
"5.10.a.";
On pages twenty-six and twenty-seven, subsection 7.1., by
striking out "7.1.a." and by redesignating paragraphs 7.1.a.1.
through 7.1.a.5. as subdivisions 7.1.a. through 7.1.e.;
On pages twenty-nine and thirty, subsection 7.9., by striking
out "7.9.a." and by redesignating paragraphs 7.9.a.1. through
7.9.a.11. as subdivisions 7.9.a. through 7.9.k.;
On page thirty, subsection 8.5., by striking out "8.5.a.";
On page thirty-two, section eight, by striking paragraph
8.7.c.10 in its entirety and inserting in lieu thereof the
following:
"8.7.c.10. Expected outcomes as appropriate.";
On page thirty-two, section eight, by striking paragraphs
8.7.d.4 through 8.7.d.9 in their entirety and inserting in lieu
thereof the following:
"8.7.d.4. Evidence of ability to conduct business in the State
of West Virginia; and
8.7.d.5. Evidence of a criminal background check.";
On page forty-two, section eleven, by striking paragraph
11.2.a.3. in its entirety and inserting in lieu thereof the
following:
"11.2.a.3. Adult Pulmonary Resuscitation (CPR), unless the
organization serves an infant population, in which case both adult
and infant cardiopulmonary resuscitation training is required.
This training must be updated every two years.";
On page forty-three, section eleven, by striking paragraph
11.2.a.14. in its entirety and inserting lieu thereof the
following:
"11.2.a.14. Heimlich's maneuver or abdominal thrust or any
other life-saving technique for choking/obstructed airway as
recognized by the American Red Cross or equivalent.";
On page fifty-four, subsection 13.1, by striking out
"13.1.a.";
On page fifty-four, subsection 13.2., by striking out
"13.2.a." and by redesignating paragraph 13.2.a.1. as subdivision
13.a.;
On page sixty, subsection 13.6., by striking out "13.6.a.";
On page sixty, subsection 14.1., by striking out "14.1.a." and
by redesignating paragraphs 14.1.a.1. through 14.1.a.6. as
subdivisions 14.1.a. through 14.1.f.;
On page sixty-one, subsection 14.3., by striking out "14.3.a."
and by redesignating paragraphs 14.3.a.1. through 14.3.a.4. as
subdivisions 14.3.a. through 14.3.d.;
On page sixty-seven, subsection 14.6., by striking out
"14.6.a.";
On page sixty-nine, subsection 14.8., by striking out
"14.8.a.";
On page seventy-two, subsection 14.13., by striking out
"14.13.a.";
On page seventy-three, subsection 14.14., by striking out
"14.14.a." and by redesignating paragraphs 14.14.a.1. through
14.1.a.5. as subdivisions 14.1.a. through 14.1.e.;
On page seventy-seven, subsection 14.19., by striking out
"14.19.a.";
On page eighty-two, subdivision 15.4.h., by redesignating paragraphs 15.4.g.1. through 15.4.g.3 as 15.4.h.1. through
15.4.h.3. and by redesignating the second subdivision 15.4.h. as
15.4.i.;
On page eighty-six, subdivision 16.4., by striking out
"16.4.a.";
On pages ninety-one and ninety-two, subsection 18.2, by
striking out "18.2.a.", by redesignating subdivisions 18.2.a.1.
through 18.2.a.5. as subdivisions 18.2.a. through 18.2.e. and by
redesignating subparagraph 18.2.a.5.A. through 18.2.a.5.B. as
paragraphs 18.2.e.1. though 18.2.e.5.;
On page ninety-two, subsection 18.3., by striking out
"18.3.a.";
On page ninety-four, subsection 18.6., by striking out
"18.6.a.";
On page ninety-five, subsection 18.7., by striking out
"18.7.a." and by redesignating paragraphs 18.7.a.1. through
18.8.a.4. as subdivisions 18.7.a. through 18.7.d.;
On page ninety-five, subsection 19.1., by striking out
"19.1.a." and by redesignating paragraphs 19.1.a.1. through
19.1.a.6. as subdivisions 19.1.a. through 19.1.f.;
On page one hundred six, subsection 20.5., by striking out
"20.5.a. Abrogation of Client Rights" and "20.5.a.1.";
On page one hundred seven, subsection 21.1., by striking out
"21.1.a.";
On page one hundred seven, subsection 22.1., by striking out
"22.1.a";
On page one hundred eight, subsection 22.2, by striking out "22.1.a";
On page one hundred nine, subsection 22.5, by striking out
"22.5.a" and by redesignating paragraphs 22.5.a.1. through
22.5.a.4. as subdivisions 22.5.a. through 22.5.d.;
On page one hundred eleven, subsection 22.8, by striking out
"22.8.a";
And,
On page one hundred twelve, subsection 22.10, by striking out
"22.10.a".
(d) The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand six, authorized under the
authority of section four, article two-b, chapter forty-nine of
this code, modified by the Division of Human Services to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the twenty-second day of January,
two thousand seven, relating to the Division of Human Services
(family child care facility licensing requirements, 78 CSR 18) is
authorized with the following amendments:
On pages four and five, subsection 4.3., by striking out
"4.3.a." and by redesignating paragraphs 4.3.a.1. through 4.3.a.4.
as subdivisions 4.3.a. through 4.3.d.;
On page twelve, subsection 8.1., by striking out "8.1.a.", by
redesignating paragraphs 8.1.a.1. through 8.1.a.4. as subdivisions
8.1. through 8.4. and by redesignating subparagraphs 8.1.a.4.a.
through 8.1.a.4.d. as paragraphs 8.4.a. through 8.4.d.;
On page nineteen, paragraph 14.1.a.5., by redesignating
subparagraphs 14.1.a.5.a. and 14.1.a.5.b. as subparagraphs 14.1.a.5.A. and 14.1.a.5.B.;
On page twenty-eight, subsection 18.3., by striking out
"18.3.a." and by designating paragraphs 18.3.a.1. through 18.3.a.7.
as subdivisions 18.3.a. through 18.3.g.;
And,
On page thirty-four, section twenty-four, by striking out
"24.1.".
(e) The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand six, authorized under the
authority of section four, article two-b, chapter forty-nine of
this code, modified by the Division of Human Services to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the sixth day of December, two
thousand six, relating to the Division of Human Services (family
child care home registration requirements, 78 CSR 19) is authorized
with the following amendments:
On page thirteen, subsection 7.3, by striking out "7.3.a." and
by redesignating paragraphs 7.3.a.1. through 7.3.a.5. as
subdivisions 7.3.a. through 7.3.e.;
On page eighteen, section ten, subsection 10.1.d.1, line
eleven, following the numeral "6", by inserting the word "months";
On page twenty-three, subsection 12.2., by striking out
"12.2.a." and by redesignating paragraphs 12.2.a.1. through
12.2.a.10. as subdivisions 12.2.a. through 12.2.j.;
On pages twenty-six and twenty-seven, subsection 16.1., by
striking out "16.1.a." and by redesignating paragraphs 16.1.a.1.
through 16.1.a.6. as subdivisions 16.1.a. through 16.1.f.;
On page twenty-seven, subsection 16.2., by striking out
"16.2.a." and by redesignating paragraphs 16.2.a.1. through
16.2.a.7. as subdivisions 16.2.a. through 16.2.g.;
On page twenty-eight, subsection 17.1., by striking out
"17.1.a." and by redesignating paragraphs 17.1.a.1. through
17.1.a.7. as subdivisions 17.1.a. through 17.1.d.;
On pages twenty-eight and twenty-nine, subsection 17.2., by
striking out "17.2.a." and by redesignating paragraphs 17.2.a.1.
through 17.2.a.6. as subdivisions 17.2.a. through 17.2.f.;
And,
On page thirty, section twenty, by striking out "20.1."
(f) The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand six, authorized under the
authority of section four, article two-b, chapter forty-nine of
this code, modified by the Division of Human Services to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the twenty-second day of January,
two thousand seven, relating to the Division of Human Services
(informal and relative family child care home registration
requirements, 78 CSR 20) is authorized with the following
amendments:
On pages nine and ten, subsection 7.4., by striking out
"7.4.a." and by redesignating paragraphs 7.4.a.1. and 7.4.a.2. as
subdivisions 7.4.a. and 7.4.b.;
On page ten, subsection 7.5., by striking out "7.5.a." and by
redesignating paragraphs 7.5.a.1. and 7.5.a.2 as subdivisions
7.5.a. and 7.5.b.;
On page fourteen, section twelve, by striking out "12.1.
General Transportation.", by redesignating subdivisions 12.1.a. and
12.1.b. as subsections 12.1. and 12.2. and by redesignating
paragraphs 12.1.a.1. through 12.1.a.3. as subdivisions 12.1.a.
through 12.1.c.;
And,
On page seventeen, section seventeen, by striking out "17.1."
.
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