HB2639 SUB ENR 2
House Bill 2639 History
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ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2639
(By
Delegates Brown, D. Poling, Fleischauer, Talbott, Overington
and Sobonya
)
[Amended and again passed, in an effort to meet the objections of
the Governor, March 18, 2011; in effect ninety days from
passage.]
AN ACT to
amend and reenact article 9, chapter 64 of the Code of
West Virginia, 1931, as amended, relating generally to the
promulgation of administrative rules by the various executive
or administrative agencies and the procedures relating
thereto; legislative mandate or authorization for the
promulgation of certain legislative rules; 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 the Board of Pharmacy to
promulgate a legislative rule relating to the licensure and the practice of pharmacy (15 CSR 1); authorizing the Board of
Pharmacy to promulgate a legislative rule relating to
controlled substances monitoring (15 CSR 8); authorizing the
Board of Physical Therapy to promulgate a legislative rule
titled general provisions (16 CSR 1); authorizing the Board of
Physical Therapy to promulgate a legislative rule relating to
fees for physical therapists and physical therapist assistants
(16 CSR 4); authorizing the Board of Physical Therapy to
promulgate a legislative rule titled general provisions for
athletic trainers (16 CSR 5); authorizing the Board of
Physical Therapy to promulgate a legislative rule relating to
fees for athletic trainers (16 CSR 6); authorizing the Board
of Sanitarians to promulgate a legislative rule relating to an
interim fee schedule (20 CSR 3); authorizing the Board of
Sanitarians to promulgate a legislative rule relating to the
practice of public health sanitation (20 CSR 4); authorizing
the Secretary of State to promulgate a legislative rule
relating to the combines voter registration and driver
licensing fund (153 CSR 25); authorizing the Board of Barbers
and Cosmetologists to promulgate a legislative rule relating
to procedures, criteria and curricula for examinations and
licensure of barbers, cosmetologists, manicurists and
aestheticians (3 CSR 1); authorizing the Board of Barbers and
Cosmetologists to promulgate a legislative rule relating to
qualifications, training, examination of instructors(3 CSR 2);
authorizing the Board of Barbers and Cosmetologists to
promulgate a legislative rule relating to operational
standards for schools of barbering and beauty culture (3 CSR 4); authorizing the Board of Barbers and Cosmetologists to
promulgate a legislative rule titled schedule of fees (3 CSR
6); authorizing the Commissioner of Agriculture to promulgate
a legislative rule titled the West Virginia Apiary Rule (61
CSR 2); authorizing the repeal of the Commissioner of
Agriculture's legislative rule relating to general groundwater
protection for fertilizes and manures (61 CSR 6C); authorizing
the Commissioner of Agriculture to promulgate a legislative
rule relating to the inspection of meat and poultry (61 CSR
16); authorizing the Board of Veterinary Medicine to
promulgate a legislative rule relating to the organization,
operation and licensing of veterinarians (26 CSR 1);
authorizing the Board of Veterinary Medicine to promulgate a
legislative rule relating to the registration of veterinary
technicians (26 CSR 3); authorizing the Board of Veterinary
Medicine to promulgate a legislative rule relating to the
standards of practice (26 CSR 4); authorizing the Board of
Veterinary Medicine to promulgate a legislative rule relating
to certified animal euthanasia technicians (26 CSR 5);
authorizing the Board of Veterinary Medicine to promulgate a
legislative rule titled schedule of fees(26 CSR 6);
authorizing the Board of Optometry to promulgate a legislative
rule titled rules of the West Virginia Board of Optometry (14
CSR 1); authorizing the Board of Optometry to promulgate a
legislative rule relating to oral pharmaceutical prescriptive
authority(14 CSR 2); authorizing the Board of Optometry to
promulgate a legislative rule titled schedule of fees (14 CSR
5); authorizing the Board of Optometry to promulgate a legislative rule relating to examination and scoring policy
(14 CSR 6); authorizing the Board of Optometry to promulgate
a legislative rule relating to licensure by endorsement (14
CSR 8); authorizing the Board of Optometry to promulgate a
legislative rule relating to contact lenses that contain and
deliver pharmaceutical agents (14 CSR 9); authorizing the
Board of Optometry to promulgate a legislative rule relating
continuing education (14 CSR 10); authorizing the Board of
Optometry to promulgate a legislative rule relating to
injectable pharmaceutical agents (14 CSR 11); authorizing the
Board of Osteopathy to promulgate a legislative rule relating
to osteopathic assistants (24 CSR 2); authorizing the Board
of Osteopathy to promulgate a legislative rule relating to
fees for services rendered by the Board (24 CSR 5);
authorizing the Treasurer's Office to promulgate a legislative
rule relating to the establishment of imprest funds (112 CSR
3); and authorizing the State Election Commission to
promulgate a legislative rule relating to the West Virginia
Supreme Court of Appeals Public Financing Pilot Program (146
CSR 5).
Be it enacted by the Legislature of West Virginia:
That article nine, chapter 64 of the Code of West Virginia,
1931, as amended, be amended and reenacted to read as follows:
ARTICLE 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND BOARDS TO
PROMULGATE LEGISLATIVE RULES.
§64-9-1. Board of Pharmacy.
(a) The legislative rule filed in the state register on July
29, 2010, authorized under the authority of section five, article nine, chapter sixty-a, of this code, relating to the Board of
Pharmacy (licensure and the practice of pharmacy, 15 CSR 1), is
authorized with the following amendments:
On page thirty-seven, subsection 21.1, by striking out all of
subsection 21.1 and inserting in lieu thereof a new subsection 21.1
to read as follows:
"21.1. A prescription to be valid, shall be issued for a
legitimate medical purpose by a practitioner acting within the
course of legitimate professional practice, and shall bear the
preprinted, stamped, typed, or manually printed name, address and
telephone number of the prescribing practitioner. If it is a
prescription for a controlled substance listed in Schedules II
through V, then it shall also contain the prescriber's DEA
registration number, including any suffix. The National Provider
Identification (NPI) number shall be required on all valid
prescriptions beginning January 1, 2012."
And,
On page forty-seven, after subsection 26.1, by adding a new
section 27 to read as follows:
"15-1-27. West Virginia Official Prescription Paper Program Rules.
27.1. The purpose of this section is to establish rules for the
West Virginia Official Prescription Program Act set forth at West
Virginia Code Section §16-5W-1, et seq. for use in writing
prescriptions by practitioners.
27.2. Definitions. As used in this rule:
a. "Program Vendor" means the private contractor or
contractors selected to manage the production and delivery of official state prescription paper.
b. "West Virginia Official Prescription Paper" means
prescription paper, which has been authorized by the state for use,
and meets the following criteria:
1. Prevention of unauthorized copying;
2. Prevention of erasure or modification;
3. An ability to prevent counterfeit prescription pads; and
4. Capable of supporting automated validation through pharmacy
claims processing systems using the official state prescription
control number.
27.3. Minimum Requirements of West Virginia Official
Prescription Paper. The prescription paper shall contain the
following security features:
a. Shall meet all requirements issued by the Center for
Medicare and Medicaid Services for a written prescription for
controlled substances as required by Section 2002(b) of PL. 110-28
of the Iraq War Supplemental Appropriations Bill enacted by the
United States Congress in 2007;
b. shall contain six (6) quantity check-off boxes printed on
the form and in the following quantities shall appear:
1. 1-24;
2. 25-49;
3. 50-74;
4. 75-100;
5. 101-150; and
6. 151 and over:
Provided, That if the blank has the quantity prescribed
electronically printed in both numeric and word format, then the quantity check-off boxes shall not be necessary;
c. Shall contain space for the prescriber to indicate number
of refills, if any, or to indicate no refills;
d. Shall provide space for the patient"s name and address, the
prescribing practitioner"s signature;
e. Shall provide space for the preprinted, stamped, typed, or
manually printed name, address and telephone number of the
prescribing practitioner, and the practitioner"s DEA registration
number and NPI number;
f. Shall contain the following statement printed on the bottom
of the prescription blank: "This prescription may be filled with a
generically equivalent drug product unless the words 'Brand
Medically Necessary' are written in the practitioner's own
handwriting, on this prescription form."; and
g. Each blank must be numbered on the face with a unique
identifying control number in both human readable and barcode
format.
27.4. The Board will solicit open bids and select a vendor or
vendors to provide West Virginia Official Prescription Paper and
maintain appropriate records of such product supplied to
practitioners based on ability of proposed program to prevent
prescription fraud, price and ability to meet these requirements.
a. Practitioners licensed to practice in this State may
purchase West Virginia Official Prescription Paper as per
individual orders from the selected vendor(s). The cost of the
Official Prescription Paper will be borne by the ordering
practitioner/institution, unless the state is successful in
securing offsetting funds such as federal grants, risk/reward programs or private funding applied for and received by the state
for the express purpose of partially or fully funding the West
Virginia Official Prescription Program.
b. Orders shall be placed through a vendor supplied secure on-
line order capture system or on an order form to be supplied by the
Vendor, and must contain the requesting practitioner's name,
specialty, primary address and other practice site address(s),
Federal DEA registration number, if any, National Provider
Identification number, the State professional practice license
number, number of prescriptions requested, and shall be signed by
the requesting practitioner.
c. Records of West Virginia Official Prescription Paper
supplied to practitioners will be maintained by the vendor or
vendors and will be subject to random and regular audits.
Discrepancies shall be reported to the Board in a regular and
timely manner.
27.5. On and after January 1, 2012 every written prescription
written in West Virginia by a practitioner shall be written on West
Virginia Official Prescription Paper. A pharmacist may not fill a
written prescription from a West Virginia practitioner unless
issued upon an official state issued prescription form.
27.6. Practitioners; control and reporting of West Virginia
Official Prescription Paper.
a. Adequate safeguards and security measures shall be
undertaken by practitioners holding West Virginia Official
Prescription Paper to assure against the loss, destruction, theft
or unauthorized use of the forms. The forms may be used only by the
practitioner to whom they are issued and are not transferable.
b. The Practitioner must also notify the vendor of any failure
to receive Official Prescription Paper within a reasonable time
after ordering them. Further, practitioners must immediately notify
the Board and vendor in writing of the loss through destruction,
theft or loss, or unauthorized use of any Official Prescription
Paper blanks, including:
1. Estimated number of blanks affected;
2. Control numbers if available; and
3. Suspected reason for destruction, theft, or loss.
c. The program vendor must provide annual SAS70 or SSAE16
third party audits of the prescription paper
printing/personalization facility used in the preparation and
distribution of West Virginia Official Prescription Paper blanks
upon request. The program vendor must be able to provide such
report for each year and for two years prior to the term of the
contract."
.
(b) The legislative rule filed in the state register on July
29, 2010, authorized under the authority of section five, article
nine, chapter sixty-a, of this code, relating to the Board of
Pharmacy (controlled substances monitoring, 15 CSR 8), is
authorized with the following amendments:
On page two, subsection 2.15, by striking out the words "15-1-
27 of the West Virginia Code of State Rules" and inserting in lieu
thereof the word "5";
On page six, subdivision 7.3(b), by striking out all of
subdivision 7.3(b) and inserting in lieu thereof a new subdivision
7.3(b) to read as follows:
"(b) members of the West Virginia State Police expressly
authorized by the superintendent of the West Virginia State Police
to have access to the information;";
On page six, subdivision 7.3(e), after the word "(e)", by
striking out the word "The" and inserting in lieu thereof the word
"the";
On page six, subdivision 7.3(f), after the word "(f)" by
striking out the word "A" and inserting in lieu thereof the word
"a";
On page six, subdivision 7.3(g), by striking out the word
"board" and inserting in lieu thereof the word "Board";
On page six, subdivision 7.3(j), by striking out the word
"date" and inserting in lieu thereof the word "data";
On page six, subsection 7.4, by striking out the word "board"
and inserting in lieu thereof the word "Board";
And,
On page six, subsection 7.4, after the words "subsection 7.3"
by inserting the words "(a) through (i)".
§64-9-2. Physical Therapy.
(a) The legislative rule filed in the state register on July
30, 2010, authorized under the authority of section six, article
twenty, chapter thirty, of this code, modified by the Board of
Physical Therapy to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the state register on
December 21, 2010, relating to the Board of Physical Therapy
(general provisions, 16 CSR 1), is authorized with the following
amendments:
On page two, by striking 2.15a in its entirety and inserting in lieu thereof the following:
"2.15.a. A physical therapy aide works under the direct
supervision of a physical therapist; Provided, That a physical
therapist assistant may directly supervise a physical therapy aide
in emergency situations necessary to provide patient safety."
On page 3, by striking out section 5 in its entirety and
inserting in lieu thereof the following:
§16-1-5. Issuance, Renewal or Reinstatement of License.
5.1. The Board reserves the right to evaluate the applicant
according to the testing, licensure, and procedural requirements as
initiated by the agency responsible for the ownership and
development of the National exam.
5.2. Licenses expiring on December 3l, of each particular year
must be renewed by payment of applicable fee along with completed
renewal application.
5.3. A license not renewed without specific request to place
it in "inactive" status will automatically be placed on delinquent
status.
5.4. Delinquent licensee is responsible for penalty fees
including but not limited to: application fee, delinquent license
fee, and the current year renewal fee. A licensee must also
complete and show proof of board approved continuing education
requirements.
5.5. To reinstate an "inactive" license, the licensee must
submit an application for renewal along with a non-refundable
application fee and license renewal fee.
5.6. A volunteer license will be marked as a "volunteer" license and is restricted to practicing in accordance with §30-20-13.
5.7. Any change in personal contact and employer/supervisor
information must be submitted in writing to the board as changes
occur."
On page 4, by striking out subsection 6.1 in its entirety and
inserting in lieu thereof the following:
"6.1. An individual possessing a temporary permit issued by
the Board to practice Physical Therapy or act as a physical
therapist assistant in the State of West Virginia shall practice
under the on-site supervision of a Physical Therapist. All progress
notes written by the Physical Therapist or physical therapist
assistant with a temporary permit shall be cosigned by a Physical
Therapist supervisor within twenty-four (24) hours."
On page six, by inserting a new subsection 7.7, to read as
follows:
"7.7. A licensee must report to the board any discipline
received in another jurisdiction within 30 days of that discipline.
The board reserves the right to discipline up to and including
revocation of a license until disciplinary process in the other
jurisdiction is completed. If the licensee fails to report
discipline in another jurisdiction, they are subject to
disciplinary procedures in our jurisdiction determined by the
board."
On page seven, by striking subdivision 8.2.a in its entirety
and inserting in lieu thereof the following:
"8.2.a. When care is delivered in a hospital or other
acute-care center, free-standing, outpatient, or independent
practice setting, a Physical Therapist must provide on-site supervision, with the exception that general supervision is
permitted in a hospital or other acute-care center, free-standing,
outpatient, or independent practice setting 40% of the time once
the physical therapist assistant performing treatment has at least
1000 hours of experience. The supervising physical therapist shall
document when general supervision is utilized under this
subdivision."
On page seven, by striking out subdivision 8.2.b. in its
entirety and inserting in lieu thereof the following:
"8.2.b. General supervision may be utilized when care is
delivered in a skilled/unskilled nursing facility, distinct part
skilled/unskilled nursing unit or swing-bed unit in an acute-care
hospital, home health, or school system setting, and the following
requirements must be observed and documented in the patient records
when general supervision is used:"
On page seven, by striking out subparagraph 8.2.b.1 in its
entirety and inserting in lieu thereof the following:
"8.2.b.1. A physical therapist must be accessible by
telecommunications to the physical therapist assistant at all times
that the physical therapist assistant is treating patients; and
available to make a joint onsite visit with the physical therapist
assistant within 24 hours as prudent practice indicates."
On page seven, by striking out subparagraph 8.2.b.2 in its
entirety and inserting in lieu thereof the following:
"8.2.b.2 The physical therapist must visit the patient at
least once every 10 physical therapist assistant visits, or within
30 calendar days, whichever occurs first."
On page seven, by striking out subparagraph 8.2.b.3 in its entirety and inserting in lieu thereof the following:
"8.2.b.3. In the event that the supervising physical therapist
changes, the new supervising physical therapist must discuss the
patient's diagnosis and plan of care with the previous supervising
physical therapist before the next physical therapist assistant
visit is made. Either physical therapist must document such
communication."
On page 8, by striking out subsection 8.5 in its entirety and
inserting in lieu thereof the following:
"8.5. In an emergency situation, such as serious illness or
injury of the therapist or therapist's family member or death of a
family member, which causes the unanticipated absence of the
supervising physical therapist for not more than three consecutive
days, and no more than twelve days per calender year, a licensed
physical therapist assistant may continue to render services, under
the supervision of another physical therapist, to only those
patients for which the licensed physical therapist assistant has
previously participated in the intervention for established plans
of care not to exceed the regularly scheduled operational hours of
the particular day or days the supervising physical therapist is
absent. When this provision is utilized, the ratio in subdivision
8.1.c. may be exceeded and the physical therapist shall document
the dates and the emergency situation."
On page 8, by striking out subsection 8.6 in its entirety and
inserting in lieu thereof the following:
"8.6. In a temporary situation, which causes the absence of
the supervising physical therapist up to one day, and no more than
eighty hours in a calender year, a licensed physical therapist assistant may continue to render services, under general
supervision of the supervising physical therapist, to only those
patients for which the licensed physical therapist assistant has
previously participated in the intervention for established plans
of care not to exceed the regularly scheduled operational hours of
the particular day the supervising physical therapist is absent.
When this provision is utilized, the level of supervision in
subdivision 8.2.a. may be exceeded and the physical therapist shall
document the hours, date and temporary situation."
On page 9, by inserting a new section 10 to read as follows:
§16-1-10. Continuing Education.
10.1. A "unit" is one clock hour spent in a continuing
education activity unless otherwise defined in this section.
10.2. All licensees desiring to remain "active" and in good
standing must complete 24 units of board approved continuing
education within the two year licensing period. If the licensee
does not complete the 24 units of board approved continuing
education within the license period, that licensee will be placed
on delinquent status and will be subject to all fees associated
with delinquent status.
10.2.a. For those applicants reinstating their license for a
period of 6 months or less, only 6 units are required for that
year.
10.2.b. Volunteer licensees need only to complete twenty (20)
units of board approved continuing education activities within a
two year renewal cycle.
10.2.c. Accumulated CEU's may not be carried over from one
renewal period to another.
10.2.d. A new graduate does not need continuing education
hours for the current year of graduation.
10.3. Completion of examinations, residencies, fellowships,
tools, and courses for continuing education credit.
10.3.a. A maximum of 8 units per license period can be
obtained from any combination of clinical instruction or competency
tools.
10.3.b. Passing the following specialty examinations will
qualify for twenty-four contact hours of continuing education in
the year the examination is taken:
10.3.b.1 Specialty examinations and recertification
administered by the American board of physical therapy specialties
(ABPTS).
10.3.b.2. The hand therapy certification commission (HTCC)
certification examination.
10.3.b.3. Continuing education course instructors can receive
1 unit per hour of class instruction time will be awarded for board
approved continuing education courses in the year the course given.
Credit awarded to the instructor for said course will be granted
only one time.
10.3.c. The successful completion of an American physical
therapy association credentialed residency or fellowship program
will qualify for twenty-four contact hours of continuing education
in the year the residency or fellowship is completed.
10.3.d. The successful completion of a practice review tool of
the federation of state boards of physical therapy pertaining to
continued competence will qualify for continuing education.
10.3.d.1. Eight contact hours of continuing education will be awarded for completion of a practice review tool.
10.3.d.2. Licensees may use a practice review tool identified
in paragraph 3.d.1 of this section no more than every other renewal
period.
10.3.e. Clinical instruction.
10.3.e.1. Providing clinical instruction to PT or PTA
student(s) enrolled in a CAPTE approved physical therapist or
physical therapist assistant program can qualify for up to a
maximum 8 units per year.
10.3.e.2. Four weeks of clinical instruction is equal to 1
unit of continuing education.
10.3.f. Continuing education courses are subject to board
approval.
10.3.f.1 One unit per hour of class instruction time will be
awarded for board approved continuing education courses in the year
the course is taken.
10.3.g. One unit per hour of class instruction time shall be
awarded and automatically approved for CAPTE College/University,
American Physical Therapy Association or West Virginia Physical
Therapy Association sponsored continuing education courses in the
year the course is taken.
10.3.h. One unit per hour of class instructions for CAPTE
college or university physical therapy or doctorate physical
therapy programs.
10.4. The board may grant a waiver of the continuing education
requirements in the case of illness, disability or undue hardship.
10.4.a. A request for waiver form must be completed in full.
In the case of illness or disability, a physician's statement is required.
10.4.b. All completed forms must be received by the Board for
consideration no later than the first day of October of the year
preceding the renewal date.
10.4.c. A waiver may be granted for any period of time not to
exceed one renewal cycle.
10.4.d. In the event that the illness, disability or hardship
continues to the next renewal cycle, then a new waiver request is
required.
10.4.e. Should a waiver be granted due to disability or
illness, the section may require the individual to provide
appropriate documentation from a physician or another qualified and
appropriate practitioner to verify the individual's competency and
ability to practice physical therapy in the state of West Virginia
prior to the return to active practice of physical therapy in West
Virginia.".
(b) The legislative rule filed in
the state register on July
30, 2010, authorized under the authority of section six, article
twenty, chapter thirty, of this code, relating to the Board of
Physical Therapy (fees for physical therapists and physical
therapist assistants, 16 CSR 4), is authorized.
(c) The legislative rule filed in the state register on July
30, 2010, authorized under the authority of section four, article
twenty-a, chapter thirty, of this code, modified by the Board of
Physical Therapy to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the state register on
September 20, 2010, relating to the Board of Physical Therapy (general provisions for athletic trainers, 16 CSR 5), is
authorized.
(d) The legislative rule filed in the state register on July
30, 2010, authorized under the authority of section four, article
twenty-a, chapter thirty, of this code, modified by the Board of
Physical Therapy to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the state register on
September 20, 2010, relating to the Board of Physical Therapy (fees
for athletic trainers, 16 CSR 6), is authorized.
§64-9-3. Sanitarians.
(a) The legislative rule filed in the state register on July
29, 2010, authorized under the authority of section six, article
seventeen, chapter thirty, of this code, relating to the of Board
of Sanitarians (interim fee schedule, 20 CSR 3), is authorized.
(b) The legislative rule filed in the state register on July
29, 2010, authorized under the authority of section six, article
seventeen, chapter thirty, of this code, relating to the Board of
Sanitarians (practice of public health sanitation, 20 CSR 4), is
authorized, with the following amendments:
On page three, following subdivision 4.1.c, by inserting a new
subdivision 4.1.d. to read as follows:
"4.1.d. Has not previously failed an examination for licensure
in this state;";
And,
By re-designating the remaining subdivisions accordingly.
§64-9-4. Secretary of State.
The legislative rule filed in the state register on November
12, 2010, authorized under the authority of section twelve, article two, chapter three, of this code, relating to the Secretary of
State (combined voter registration and driver licensing fund, 153
CSR 25), is authorized with the following amendments:
On page one, section two, following the words "For the
purposes of this rule:", by striking out subsection 2.1 in its
entirety and renumbering the following subsections of section two;
On page three, subdivision 4.2.2 following the words "under
this subsection on a", by striking out the word "quarterly" and
inserting in lieu thereof the word "annual";
On page three, subsection 4.3, following the words "collection
and transmission of the completed forms:", by striking out the
proviso in its entirety, and inserting in lieu thereof the
following proviso "Provided, That the total reimbursement shall not
exceed sixty (60) percent of the total annual revenue of the Fund.
In any year in which the revenue is insufficient to pay the
reimbursement rate of $1.00 per completed registration as provided
in this subsection, the amount per registration application shall
be reduced proportionally.";
And,
On page four, by striking out subsection 4.4 and subdivisions
4.4.1, 4.4.2, 4.4.3 and 4.4.4 in their entirety and renumbering the
remaining sections of the rule.
§64-9-5. Board of Barbers and Cosmetologists.
(a) The legislative rule filed in the state register on July
30, 2010,authorized under the authority of section six, article
twenty-seven, chapter thirty, of this code, modified by the Board
of Barbers and Cosmetologists to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the state register on October 18, 2010, relating to the Board of Barbers and
Cosmetologists (procedures, criteria and curricula for examinations
and licensure of barbers, cosmetologists, manicurists and
aestheticians, 3 CSR 1), is authorized with the following
amendments:
On page two, by striking out the words "43.1" and inserting in
lieu thereof the word "3.1.";
And,
On page three, subsection 4.2, after the word "obtain" by
inserting the word "a".
(b) The legislative rule filed in the state register on July
30, 2010, authorized under the authority of section six, article
twenty-seven, chapter thirty, of this code, modified by the Board
of Barbers and Cosmetologists to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the state
register on October 18, 2010, relating to the Board of Barbers and
Cosmetologists (qualifications, training, examination of licensure
of instructors, 3 CSR 2), is authorized, with the following
amendments:
On page one, by striking out subdivision 2.1.1 in its entirety
and inserting in lieu thereof the following:
"2.1.1 Have been licensed 5 years with 5 years of salon/shop
experience.";
On page one, subdivision 2.1.6 by striking out the percentage
amount "70%" and inserting in lieu thereof the percentage amount
"80%";
And,
On page one, by striking out all of subdivisions 2.1.7. and
2.1.8. and inserting in lieu new subdivisions 2.1.7. and 2.1.8. to
read as follows:
"2.1.7. Submit an application to the board;
2.1.8. Pay applicable certification, examination and
registration fees.".
(c) The legislative rule filed in the state register on July
30, 2010,authorized under the authority of section six, article
twenty-seven, chapter thirty, of this code, modified by the Board
of Barbers and Cosmetologists to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the state
register on October 18, 2010, relating to the Board of Barbers and
Cosmetologists (operational standards for schools of barbering and
beauty culture, 3 CSR 4), is authorized with the following
amendments:
On page five, by striking out section caption "3-4-5.
Enrollment" and inserting in lieu thereof a new section caption to
read as follows:
"§3-4-5. Enrollment";
And,
On page six, by striking out the section caption "3-4-8.
Teaching Staff" and inserting in lieu thereof a new section caption
to read as follows:
"§3-4-8 Teaching Staff".
(d) The legislative rule filed in the state register on June
18, 2010, authorized under the authority of section six, article
twenty-seven, chapter thirty, of this code, relating to the Board of Barbers and Cosmetologists (schedule of fees, 3 CSR 6), is
authorized with the following amendment:
On page one, subsection 2.1, by striking out the words
"$99.00" and inserting in lieu thereof the words "Based on the
National Interstate Council Index with a cap of $107.00".
§64-9-6. Commissioner of Agriculture.
(a) The legislative rule filed in the state register on July
26, 2010, authorized under the authority of section four, article
thirteen, chapter nineteen, of this code, modified by the
Commissioner of Agriculture to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the state
register on September 21, 2010, relating to the Commissioner of
Agriculture (West Virginia Apiary Rule, 61 CSR 2), is authorized.
(b) The legislative rule filed in the state register on July
12, 2010, authorized under the authority of section five-c, article
twelve, chapter twenty-two, of this code, relating to the
Commissioner of Agriculture (general groundwater protection rules
for fertilizers and manures, 61 CSR 6C), is authorized.
(c) The legislative rule filed in the state register on the
July 20, 2010, authorized under the authority of section three,
article two-B, chapter nineteen, of this code, relating to the
Commissioner of Agriculture (inspection of meat and poultry, 61 CSR
16), is authorized.
§64-9-7. Board of Veterinary Medicine.
The legislative rule filed in the state register on July 27,
2010, authorized under the authority of section six, article ten,
chapter thirty, of this code, modified by the West Virginia, 1931,
as amended, relating to authorizing the Board of Veterinary Medicine to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the state register on November 24,
2010, relating to the West Virginia, 1931, as amended, relating to
the Board of Veterinary Medicine (organization and operation and
licensing of veterinarians, 26 CSR 1), is authorized with the
following amendments:
On page two, subdivision 2.4.4, by striking out the
subdivision in its entirety;
On page twelve, subsection 8.1, by striking out the words "the
supervision of a West Virginia licensed veterinarian" and inserting
in lieu thereof the words "the indirect or general supervision of
a West Virginia licensed supervising veterinarian. During the
period of supervision of a temporary permittee, the supervising
veterinarian must remain within one hour's physical access to the
location where the temporary permittee is rendering veterinary
care."
And,
On page twelve, subsection 8.2, in the last sentence of the
subsection, by striking out the word "supervisory" and inserting in
lieu thereof the word "supervising".
(b) The legislative rule filed in the state register on July
27, 2010, authorized under the authority of section six, article
ten, chapter thirty of this code, modified by the Board of
Veterinary Medicine to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the state register on
November 24, 2010, relating to the Board of Veterinary Medicine
(registration of veterinary technicians, 26 CSR 3), is authorized.
(c) The legislative rule filed in the state register on July
27, 2010, authorized under the authority of section six, article
ten, chapter thirty of this code, modified by the Board of
Veterinary Medicine to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the state register on
November 24, 2010, relating to the Board of Veterinary Medicine
(standards of practice, 26 CSR 4), is authorized, with the
following amendments:
On page four, subsection 3.6, in the title to the subsection,
by striking out the words "position or trust" and inserting in lieu
thereof the words "position of trust".
(d) The legislative rule filed in the state register on July
27, 2010, authorized under the authority of section six, article
ten, chapter thirty of this code, modified by the Board of
Veterinary Medicine to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the state register on
November 24, 2010, relating to the Board of Veterinary Medicine
(certified animal euthanasia technicians, 26 CSR 5), is authorized,
with the following amendment:
On page eight, subdivision 10.1.d., by striking out the words
"Section 10" and inserting in lieu thereof the words "Section 13".
(e) The legislative rule filed in the state register on July
27, 2010, authorized under the authority of section six, article
ten, chapter thirty of this code, modified by the Board of
Veterinary Medicine to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the state register on
November 24, 2010, relating to the Board of Veterinary Medicine
(schedule of fees, 26 CSR 6), is authorized.
§64-9-8. Board of Optometry.
(a) The legislative rule filed in the state register on July
30, 2010, authorized under the authority of section six, article
eight, chapter thirty, of this code, modified by the Board of
Optometry to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the state register on November 24,
2010, relating to the Board of Optometry (rules of the West
Virginia Board of Optometry, 14 CSR 1), is authorized.
(b) The legislative rule filed in the state register on July
30, 2010, authorized under the authority of section six, article
eight, chapter thirty, of this code, modified by the Board of
Optometry to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the state register on January 3,
2011, relating to the Board of Optometry (oral pharmaceutical
prescriptive authority, 14 CSR 2), is authorized.
(c) The legislative rule filed in the state register on July
30, 2010, authorized under the authority of section six, article
eight, chapter thirty, of this code, modified by the Board of
Optometry to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the state register on November 24,
2010, relating to the Board of Optometry (schedule of fees, 14 CSR
5), is authorized.
(d) The legislative rule filed in the state register on July
30, 2010, authorized under the authority of section six, article
eight, chapter thirty, of this code, modified by the Board of
Optometry to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the state register on November 24, 2010, relating to the Board of Optometry (examination and scoring
policy, 14 CSR 6), is authorized with the following amendments:
On page one, subsection 2.1., by striking out all of
subsection 2.1. and inserting in lieu thereof a new subsection 2.1.
to read as follows:
"2.1. The Board shall conduct the interview with a quorum of
the Board being present.";
On page one, subsection 3.2, after the word "The" by inserting
the word "Board";
And,
On page two, subsection 4.1., by striking out all of
subsection 4.1. and inserting a new subsection 4.1. to read as
follows:
"4.1. A Board quorum may evaluate the applicant's successful
or unsuccessful completion of the interview by consesus.".
(e) The legislative rule filed in the state register on July
30, 2010, authorized under the authority of section six, article
eight, chapter thirty, of this code, modified by the Board of
Optometry to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the state register on November 24,
2010, relating to the Board of Optometry (licensure by endorsement,
14 CSR 8), is authorized with the following amendments:
On page one, after subdivision 2.2.5., by inserting a new
subdivision 2.2.6. to read as follows:
"2.2.6. At the option of the Board, an applicant for licensure
by reciprocity may be required to take the National Board
Examination.;
On page one, subsection 3.2., by striking out the word
"licensee" and inserting in lieu thereof the word "applicant";
On page two, subsection 3.7, by striking out the word "person"
and inserting in lieu thereof the word "applicant";
On page two, subsection 3.8, after the words "Code of", by
inserting the word "State";
And,
On page two, subsection 3.9., by striking out all of
subsection 3.9. and inserting in lieu thereof a new subsection 3.9.
to read as follows:
"3.9. The Board may require an applicant to interview with the
Board.".
(f) The legislative rule filed in the state register on July
30, 2010, authorized under the authority of section six, article
eight, chapter thirty, of this code, modified by the Board of
Optometry to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the state register on November 24,
2010, relating to the Board of Optometry (contact lenses that
contain and deliver pharmaceutical agents certificates, 14 CSR 9),
is authorized with the following amendment:
On page one, subsection 3.3., after the words "Code of", by
inserting the word "State".
(g) The legislative rule filed in the state register on July
30, 2010, authorized under the authority of section six, article
eight, chapter thirty, of this code, modified by the Board of
Optometry to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the state register on November 24, 2010, relating to the Board of Optometry (continuing education, 14
CSR 10), is authorized with the following amendments:
On page one, subsection 2.1., after the words "Code of" by
inserting the word "State";
On page one, subsection 3.2., after the word "hours" by
inserting the words "of continuing education";
On page one, subsection 3.6., after the word "outlined" by
inserting the word "in";
On page one, subsection 3.7., by striking out the word "hold"
and inserting in lieu thereof the word "holds";
On page two, subdivision 4.1(d), by striking out the word
"Postgraduate" and inserting in lieu thereof the word
"postgraduate";
On page two, subsection 5.1., after the words "Code of" by
inserting the word "State";
On page two, subsection 6.1., after the word "instruction" by
striking out the words "by correspondence, Internet or other
electronic means";
And,
On page two, subsection 6.1, after the word "attendance" by
changing the period to a comma and inserting the words "by
correspondence, Internet or other electronic means."
(h) The legislative rule filed in the state register on July
30, 2010, authorized under the authority of section fifteen,
article eight, chapter thirty, of this code, modified by the Board
of Optometry to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the state register on December 23,
2010, relating to the Board of Optometry (injectable pharmaceutical agents certificate, 14 CSR 11), is authorized with the following
amendments:
On page five, subsection 10.1., by striking out the word
'not';
On page five, by striking out subsection 11.1 in its entirety
and inserting in lieu thereof the following:
"11.1 A certificate holder may not establish a pharmacy in an
optometric office or sell injectable pharmaceutical agents
prescribed in treatment unless there is a licensed pharmacist on
staff or present when the prescription is filled. Nothing in this
rule shall prohibit the optometrist from charging a usual and
customary fee for performing the injection.
11.2 Retrobulbar and Peribulbar injections are prohibited.
11.3. The board shall establish a formulary of pharmaceutical
agents to be administered by injection.
11.3.1. The injection formulary shall be created from those
agents that certificate holders have been authorized previously to
administer or prescribe as topical agents or oral medication
categories listed in the oral formulary of the Board in the W.Va.
Code of State Rules, §14-2-7.2a through §14-2-7.2g.
11.3.2. New drugs or drug indications may be added to the
formulary by a decision of the Board based on any of the following
criteria:
11.3.2.1. A new or existing drug has been approved by the Food
and Drug Administration for the treatment of the eye or its
appendages.
11.3.2.2. A new drug or new drug indication has gained
accepted use in the eye care field. Such acceptance may be indicated by its inclusion in the curriculum of an optometry school
accredited by the Accreditation Council on Optometric Education or
its successor approved by the U.S. Department of Education or
approved post-graduate continuing education, through peer-reviewed,
evidence-based research and professional journal articles, or by
inclusion in established standards of practice and care published
by professional organizations.
§64-9-9. Board of Osteopathy.
(a) The legislative rule filed in the state register on July
30, 2010, authorized under the authority of section one, article
fourteen-a, chapter thirty, of this code, modified by the Board of
Osteopathy to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the state register on November 29,
2010, relating to the Board of Osteopathy (osteopathic physician
assistants, 24 CSR 2), is authorized with the following the
following amendments:
On page nine, subsection 6.6., after the words "Board and
the", by striking out the word "board" and inserting in lieu
thereof the word "Board";
And,
On page eleven, subsection 8.6., after the words "and expire
with, the", by inserting the word "osteopathic".
(b) The legislative rule filed in the state register on July
28, 2010, authorized under the authority of section three, article
fourteen-a, chapter thirty, of this code, modified by the Board of
Osteopathy to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the state register on November 29, 2010, relating to the Board of Osteopathy (fees for services
rendered by the Board, 24 CSR 5), is authorized.
§64-9-10. Treasurer's Office.
The legislative rule filed in the state register on July 30,
2010, authorized under the authority of section two, article two,
chapter twelve, of this code, modified by the Treasurer's Office to
meet the objections of the Legislative Rule-Making Review Committee
and refiled in the state register on July 30, 2010, relating to the
Treasurer's Office (establishment of imprest funds, 112 CSR 3), is
authorized.
§64-9-11. State Election Commission.
The legislative rule filed in the state register on the July
29, 2010, authorized under the authority of section fourteen,
article twelve, chapter three, of this code, modified by the State
Election Commission to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the state register on
January 14, 2011, relating to the State Election Commission (West
Virginia Supreme Court of Appeals Public Campaign Financing Pilot
Program, 146 CSR 5), is authorized, with the following amendment:
On page nine, subdivision 6.9.a., by striking out "per W. Va.
Code §3-12-9(f)" and inserting in lieu thereof "as required by W.
Va. Code §3-12-9(g)".
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