Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home

Committee Substitute House Bill 2689 History

OTHER VERSIONS  -  Introduced Version  |  DOWNLOAD  wpd | pdf  |  Email


COMMITTEE SUBSTITUTE

for

H.B. 2689

(By Delegates Poore, Marcum, Fleischauer, and Eldridge.)

 

(Originating in the Committee on the Judiciary)

 

[March 29, 2013]

 

A BILL 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 Medicine to promulgate a legislative rule relating to practitioner requirements for accessing the West Virginia controlled substances monitoring program data base; authorizing the Board of Medicine to promulgate a legislative rule relating to licensure, disciplinary and complaint procedures; continuing education; and physician assistants; authorizing the Board of Medicine to promulgate a legislative rule relating to continuing education for physicians and podiatrists; authorizing the Board of Optometry to promulgate a legislative rule relating to continuing education; authorizing the Board of Optometry to promulgate a legislative rule relating to expanded therapeutic procedures certificates; authorizing the Board of Optometry to promulgate a legislative rule relating to a schedule of fees; authorizing the Board of Osteopathic Medicine to promulgate a legislative rule relating to licensing procedures for osteopathic physicians; authorizing the Board of Osteopathic Medicine to promulgate a legislative rule relating to practitioner requirements for controlled substances licensure and accessing the West Virginia controlled substances monitoring program database; authorizing the Board of Osteopathic Medicine to promulgate a legislative rule relating to osteopathic physician assistants; authorizing the Board of Pharmacy to promulgate a legislative rule relating to ephedrine and pseudoephedrine control; authorizing the Board of Pharmacy to promulgate a legislative rule relating to controlled substances monitoring; authorizing the Real Estate Appraiser Licensing and Certification Board to promulgate a legislative rule relating to requirements for licensure and certification; authorizing the Real Estate Appraiser Licensing and Certification Board to promulgate a legislative rule relating to renewal of licensure - qualifications for renewal; authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to fees for services rendered by the Board and supplemental renewal fee for the center for nursing; authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to practitioner requirements for accessing the West Virginia controlled substances monitoring program database; authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to the announcement of advanced practice; authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to limited prescriptive authority for nurses in advanced practice; authorizing the Secretary of State to promulgate a legislative rule relating to the Uniform Commercial Code; authorizing the Secretary of State to promulgate a legislative rule relating to administration of the address confidentiality program; authorizing the Secretary of State to promulgate a legislative rule relating to the regulation of political party headquarters financing; authorizing the Secretary of State to promulgate a legislative rule relating to the regulation of late registration; authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to the procedures, criteria and curricula for examination and licensure of barbers, cosmetologists, nail technicians, aestheticians and hair stylists; authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to barber apprenticeships; authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to the operational standards for schools of barbering and beauty culture; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to animal disease control; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to poultry litter and manure movement into primary poultry breeder rearing areas; authorizing the Board of Architects to promulgate a legislative rule relating to the registration of architects; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the Board; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to practitioner requirements for accessing the West Virginia controlled substances monitoring program database; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to continuing education requirements; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the expanded duties of dental hygienists and dental assistants; authorizing the Hatfield-McCoy Regional Recreation Authority to promulgate a legislative rule relating to rules for use of the facility; authorizing the Treasurer’s Office to promulgate a legislative rule relating to the enforcement of the Uniform Unclaimed Property Act; authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to the organization and operation and licensing of veterinarians; authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to a schedule of fees; authorizing the Board of Social Work to promulgate a legislative rule relating to a fee schedule; authorizing the Board of Social Work to promulgate a legislative rule relating to qualifications for the profession social work; authorizing the Board of Social Work to promulgate a legislative rule relating to applications; authorizing the Board of Social Work to promulgate a legislative rule relating to continuing education for social workers and providers; authorizing the Board of Social Work to promulgate a legislative rule relating to a code of ethics; authorizing the Board of Examiners for Speech-Language Pathology and Audiology to promulgate a legislative rule relating to the licensure of speech-pathology and audiology; and authorizing the Conservation Committee to promulgate a legislative rule relating to the operation of the West Virginia State Conservation Committee and conservation districts.

 Be it enacted by the Legislature of West Virginia:

    That article 9, 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 Medicine.

    (a) The legislative rule filed in the State Register on the twenty-eighth day of August, two thousand twelve, authorized under the authority of section five-a, article nine, chapter sixty-a, of this code, modified by the Board of Medicine 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 twelve, relating to the Board of Medicine (practitioner requirements for accessing the West Virginia controlled substances monitoring program data base, 11 CSR 10), is authorized.

    (b) The legislative rule filed in the State Register on the twenty-eighth day of August, two thousand twelve, authorized under the authority of section seven, article three, chapter thirty, of this code, modified by the Board of Medicine 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 twelve, relating to the Board of Medicine (licensure, disciplinary and complaint procedures; continuing education; and physician assistants, 11 CSR 1B), is authorized.

    (c) The legislative rule filed in the State Register on the twenty-eighth day of August, two thousand twelve, authorized under the authority of section seven, article three, chapter thirty, of this code, modified by the Board of Medicine 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 twelve, relating to the Board of Medicine (continuing education for physicians and podiatrists, 11 CSR 6), is authorized.

§64-9-2. Board of Optometry.

    (a) The legislative rule filed in the State Register on the thirty-first day of August, two thousand twelve, 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 the fourteenth day of December, two thousand twelve, relating to the Board of Optometry (continuing education, 14 CSR 10), is authorized.

    (b) The legislative rule filed in the State Register on the thirty-first day of August, two thousand twelve, authorized under the authority of section six, article eight, chapter thirty, of this code, relating to the Board of Optometry (expanded therapeutic procedures certificate, 14 CSR 12), is authorized with the following amendment:

    On page one, by striking out everything after the series title and inserting in lieu thereof the following:

§14-12-1. General.

    1.1. Scope. -- This rule establishes the requirements, procedures and standards for determining whether a procedure is taught at 50% or more of all accredited optometry schools and therefore qualifies as an expanded therapeutic procedure or class of procedures as authorized by W. Va. Code §30-8-6(a)(14) and the certification of a licensee to perform expanded therapeutic procedures which are considered rational to the diagnosis and treatment of the human eye and its appendages.

    1.2. Authority. -- W. Va. Code §30-8-6 and §30-8-9.

    1.3. Filing Date. --

    1.4. Effective Date. --

14-12-2. Definitions.

    2.1. "Accredited Optometry School" means an optometry school accredited by the Accreditation Council on Optometric Education or its successor organization recognized by the U.S. Department of Education.

    2.2. "Appendages" means the eyelids, the eyebrows, the conjunctiva and the lacrimal apparatus.

    2.3. "Board" means the West Virginia Board of Optometry.

    2.4. “Board Education Committee” means the committee appointed by the Board President to review and recommend action on continuing education matters and to review an application to add an expanded therapeutic procedure or class of procedures.

    2.5. "Certificate Holder" means a licensee who has met the requirements of this rule and has been issued an Expanded Therapeutic Procedures Certificate by the Board.

    2.6. "Procedures," "Therapeutic Procedures" "Expanded Therapeutic Procedures" or "Approved Procedures" are procedures approved by the West Virginia Board of Optometry that meet the criteria of this rule. All expanded therapeutic procedures must meet the criteria listed in W.Va. Code, §30-8-6(14), which states that all expanded therapeutic procedures shall be taught in at least fifty percent (50%) of all optometry schools accredited by the Accreditation Council on Optometric Education or its successor organization recognized by the U.S. Department of Education.

    2.7 “Rules Officer” means the officer appointed by the Board President to supervise the development of the rules and policies of the Board.

§14-12-3. Application to Add an Expanded Therapeutic Procedure.

    3.1. The Board may accept an application from any interested party to add a therapeutic procedure or class of procedures for certification of licensees. The application shall include:

    3.1.1. The applicant or group's name, title, and form of licensure, if applicable;

    3.1.2. The address, telephone number, address and e-mail address of the applicant or group;

    3.1.3. The name and telephone number of a contact person to discuss the application;

    3.1.4. The name of the procedure or class of procedures that is being requested for addition to therapeutic practice;

    3.1.5. A statement of support for the procedure or class of procedures proposed for regulation which has been signed by at least ten residents or citizens of the State of West Virginia who are licensed optometrists;

    3.1.6. The estimated number of licensees who are represented by the requesting person or group, if applicable;

    3.1.7. A list of accredited optometry schools that are teaching the expanded therapeutic procedure or class of procedures and written documentation from each accredited school on the list to the effect that each school is teaching the expanded therapeutic procedure or class of procedures;

    3.1.8. The names and contact information for the Dean of Academic Affairs or his or her designee of each school the applicant lists as teaching the expanded therapeutic procedure or class of procedures; and

    3.1.9. A definition of the problem which requires the procedure or class of procedures requested and the extent to which consumers need and will benefit from licensees who are certified to practice the proposed therapeutic procedure or class of procedures.

§14-12-4. The Board's Education Committee.

    4.1. The application to approve a procedure or class of procedures shall be referred to the Board's Education Committee.

    4.2. The Board's Education Committee shall consist of at least three Board members.

    4.3. The Board's Education Committee may include additional ex-officio members who are not be members of the Board to act as consultants to the Board.

§14-12-5. Board's Education Committee Data Request.

    5.1. The Board's Education Committee shall communicate in writing with each optometry school accredited by the American Council on Optometric Education or its successor approved by the U.S. Department of Education which teach the proposed procedure or class of procedures cited in the application. The request may be sent to each optometry school's Dean of Academic Affairs or his or her designee. The Board's Education Committee may enlist the assistance of accrediting bodies or professional associations to obtain this information. The request by the Board's Education Committee shall include:

    5.1.1. If the procedure or class of procedures are taught by the optometry school; and

    5.1.2. Additional information the Board determines necessary, which may include, but not be limited to:

    5.1.2.1. The methods of instruction used to teach the requested procedure or class of procedures; and

    5.1.2.2. The clinical experience of each student or the methods used to provide instruction for the proposed procedure or class of procedures in a closely supervised environment.

§14-12-6. Board's Education Committee Report.

    6.1. The Board's Education Committee shall evaluate the responses from accredited optometry schools and confirm that 50% of all accredited optometry schools teach the proposed therapeutic procedure or class of procedures. If the Board's Education Committee determines that less than fifty percent (50%) of the accredited optometry schools teach the expanded therapeutic procedure or class of procedures, it shall reject the proposed procedure.

    6.2. The Board's Education Committee shall prepare a list of schools that teach the proposed procedure or class of procedures and make it available to the public for inspection. The Board's Education Committee may make the list available to the public including, but not limited to, publication through the Board's web site.

    6.3. The Board's Education Committee may gather additional information and make a recommendation to the Board for approval or disapproval of the procedure or class of procedures based on whether the expanded therapeutic procedure or class of procedures are taught at fifty (50%) or more of all accredited optometry schools and the sufficiency of the supported documentation submitted by the applicant and gathered by the Board's Education Committee. The recommendation shall include:

    6.3.1. Proposed guidelines for training to ensure the proficiency of optometrists certified in the procedure or class of procedures. The recommendation may include the appropriate hours of instruction required;

    6.3.2. Treatment guidelines for the proposed procedure or class of procedures; and

    6.3.3. Methods of testing to be used to ensure that optometrists certified to perform the requested procedure or class of procedures are proficient in using the procedure or class of procedures.

§14-12-7. Public Hearing.

    7.1. The Board shall hold a public hearing regarding the recommendation of the Board's Education Committee if the Board's Education Committee recommends that the proposed therapeutic procedure or class of procedures be approved. The purpose of the public hearing is to determine whether the documentation reviewed and gathered by the Board's Education Committee is sufficient to prove that the expanded therapeutic procedure is currently being taught at fifty percent or more of all accredited optometry schools.

    7.2. The Board shall allow those members of the public who wish to speak solely to the sufficiency of the documentation submitted by the applicant and evidence gathered by the Board's Education Committee.

    7.3. If, after the public hearing and review of the recommendation, the Board determines that the documentation and evidence is sufficient to demonstrate that fifty percent (50%) or more of all accredited optometry schools currently teach the expanded therapeutic procedure, the Board shall approve the application. If the Board determines that the documentation and evidence is not sufficient to demonstrate that fifty percent (50%) or more of all accredited optometry schools currently teach the expanded therapeutic procedure, the board shall reject the application.

    7.4. The Board shall submit any expanded therapeutic procedure or class of procedures on an application for a sunrise review by the Performance Evaluation Division of the Legislative Auditor's Office, in conformance with W.Va. Code §30-1A-2.

    7.5 Any additions or deletions of therapeutic procedures shall be submitted to by legislative rule for approval.

§14-12-8. Board Rules Officer.

    8.1. The Board President may appoint a rules officer to supervise the development of the rules or policies of the Board.

    8.2. The Rules Officer may prepare a report to the Board on a rule or policy, if required, for a proposed procedure or class of procedures. The recommendation shall include measures to ensure the safety of the public.

§14-12-9. Action of the Board on Proposed Rule or Policy.

    9.1. The Board shall vote to accept, reject or modify the recommendation of the Rules Officer on the proposed rule or policy.

§14-12-10. Public Access and Board Accountability.

    10.1. The Board shall follow all applicable rules and law in the promulgation of any suggested rule or policy.

    10.2. The Board shall make all public information required by the W. Va. Code and the W.Va. State Code of Rules available to the public, including, but not limited to, publication of the required information on the Board’s web site. The information shall include:

    10.2.1.  a list of each Board approved procedure,

    10.2.2.  proof that 50% of all optometry schools accredited by the Accreditation Council on Optometric Education or its successor teach the procedure or class of procedures added following the provisions of W.Va. Code, §30-8-6(a)(14) at the time of the Board’s approval of the procedure or class of procedures including the list of schools teaching each such expanded therapeutic procedure or class of procedures along with the documentation to such effect,

    10.2.3.  approved training for each Board approved procedure or class of procedures, and

    10.2.4.  treatment guidelines for each Board approved procedure or class of procedures.

§14-12-11. Certification Generally.

    11.1. A licensee shall complete a Board approved application and meet all requirements as listed in this rule in order to be certified to perform expanded therapeutic procedures.

    11.2. A licensee shall obtain injectable pharmaceutical agents certification prior to application for certification to perform expanded therapeutic procedures.

§14-12-12. Certification Requirements.

    To be certified, a licensee shall:

    12.1. Complete the required application form;

    12.2. Submit proof of injectable pharmaceutical agents certification;

    12.3. Submit proof of attendance and satisfactory completion of the required training in expanded therapeutic procedures. The Board shall verify successful completion of the approved directly with the provider accredited school of optometry; and

    12.4. Submit the Expanded Therapeutic Procedures Fee as listed in the Board's rule, Schedule of Fees, 14 CSR 5.

§14-12-13. Education and Training.

    13.1. The Board shall accept training for certification in expanded therapeutic procedures that is provided by or through a school or college of optometry accredited by the Accreditation Council on Optometric Education or its successor organization.

    13.2. The Board may accept expanded therapeutic procedures training used to obtain licensure for expanded therapeutic procedures from another state or states: Provided, that the other state or states have requirements that are substantially equivalent to training required by this state.

    13.3. Additional training requirements may be required by the Board as it deems appropriate when it adds new approved procedures or new classes of procedures.

§14-12-14. Certification.

    14.1. Upon the licensee's successful completion of the requirements listed in sections 9 through 10 of this rule and approval by the Board or its designee, an expanded therapeutic procedures certificate may be issued.

    14.2. Upon issuance of the certificate, the licensee's license number shall be changed. The license number shall be followed by a dash and the initial "E" for expanded therapeutic procedures.

§14-12-15. Treatment Guidelines.

    15.1. A certificate holder may perform Board approved expanded therapeutic procedures which are considered rational to the diagnosis and treatment of the human eye or its appendages.

    15.2. Any pharmaceutical agent which may be administered while performing approved procedures shall be selected from the agents the certificate holder is authorized to prescribe or administer under his or her topical, oral or injectable pharmaceutical agents certification granted by W.Va. Code, §30-8-1, et. seq. and the provisions of the Board's Rules, Oral Pharmaceutical Certificate, 14 CSR 2, and Injectable Pharmaceutical Agents Certificate, 14 CSR 11;

    15.3. The certificate holder shall follow all applicable Occupational Safety and Health Administration (OSHA) and Centers for Disease Control (CDC) guidelines pertaining to performance of expanded therapeutic procedures.

    15.4. The certificate holder shall adhere to generally accepted standards of care and follow established clinical guidelines for approved procedures. The certificate holder shall monitor the patient for an adverse outcome and provide appropriate follow up care for patients treated by expanded therapeutic procedures.

§14-12-16. Reporting.

    16.1 Any adverse outcome shall be reported to the Board by the certificate holder.

§14-12-17. Recertification.

    A certificate holder shall meet the following requirements for recertification:

    17.1. The certificate holder shall submit proof of current certification in life support for the professional rescuer or for medical providers from the American Red Cross or American Heart Association or their successors.

    17.2.    The certificate holder shall submit proof of a minimum of two (2) hours of continuing education instruction in performing expanded therapeutic procedures per two year continuing education cycle as listed in W. Va. Code of Rules, §14-10, Continuing Education.

    17.3. The certificate holder shall submit the Annual Renewal fee as listed in the Board's Rule, Schedule of Fees, 14 CSR 5.”

    (c) The legislative rule filed in the State Register on the thirty-first day of August, two thousand twelve, 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 the seventeenth day of January, two thousand thirteen, relating to the Board of Optometry (schedule of fees, 14 CSR 5), is authorized.

§64-9-3. Board of Osteopathic Medicine.

    (a) The legislative rule filed in the State Register on the twenty-eighth day of August, two thousand twelve, authorized under the authority of section four, article one, chapter thirty, of this code, modified by the Board of Osteopathic Medicine to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twelfth day of December, two thousand twelve, relating to the Board of Osteopathic Medicine (licensing procedures for osteopathic physicians, 24 CSR 1), is authorized.

    (b) The legislative rule filed in the State Register on the twenty-eighth day of August, two thousand twelve, authorized under the authority of section five-a, article nine, chapter sixty-a, of this code, modified by the Board of Osteopathic Medicine to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twelfth day of December, two thousand twelve, relating to the Board of Osteopathic Medicine (practitioner requirements for controlled substances licensure and accessing the West Virginia controlled substances monitoring program database, 24 CSR 7), is authorized.

    (c) The legislative rule filed in the State Register on the twenty-eighth day of August, two thousand twelve, authorized under the authority of section four, article one, chapter thirty, of this code, modified by the Board of Osteopathic Medicine to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twelfth day of December, two thousand twelve, relating to the Board of Osteopathic Medicine (osteopathic physician assistants, 24 CSR 2), is authorized.

§64-9-4. Board of Pharmacy.

    (a) The legislative rule filed in the State Register on the thirty-first day of August, two thousand twelve, authorized under the authority of section six, article nine, chapter sixty-a, of this code, modified by the Board of Pharmacy to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the seventh day of February, two thousand thirteen, relating to the Board of Pharmacy (ephedrine and pseudoephedrine control, 15 CSR 11), is authorized.

    (b) The legislative rule filed in the State Register on the thirty-first day of August, two thousand twelve, authorized under the authority of section six, article nine, chapter sixty-a, of this code, modified by the Board of Pharmacy to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the seventh day of February, two thousand thirteen, relating to the Board of Pharmacy (controlled substances monitoring, 15 CSR 8), is authorized.

§64-9-5. Real Estate Appraiser Licensing and Certification Board

    (a) The legislative rule filed in the State Register on the thirty-first day of August, two thousand twelve, authorized under the authority of section nine, article thirty-eight, chapter thirty, of this code, modified by the Real Estate Appraiser Licensing and Certification Board 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 twelve, relating to the Real Estate Appraiser Licensing and Certification Board (requirements for licensure and certification, 190 CSR 2), is authorized.

    (b) The legislative rule filed in the State Register on the thirty-first day of August, two thousand twelve, authorized under the authority of section nine, article thirty-eight, chapter thirty, of this code, relating to the Real Estate Appraiser Licensing and Certification Board (renewal of licensure - qualifications for renewal, 190 CSR 3), is authorized.

§64-9-6. Board of Examiners for Registered Professional Nurses

    (a) The legislative rule filed in the State Register on the first day of August, two thousand twelve, authorized under the authority of section five, article seven, chapter thirty, of this code, modified by the Board of Examiners for Registered Professional Nurses to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the seventh day of December, two thousand twelve, relating to the Board of Examiners for Registered Professional Nurses (fees for services rendered by the Board and supplemental renewal fee for the center for nursing, 19 CSR 12), is authorized.

    (b) The legislative rule filed in the State Register on the thirty-first day of July, two thousand twelve, authorized under the authority of section five-a, article nine, chapter sixty-a, of this code, modified by the Board of Examiners for Registered Professional Nurses to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the seventh day of December, two thousand twelve, relating to the Board of Examiners for Registered Professional Nurses (practitioner requirements for accessing the West Virginia controlled substances monitoring program database, 19 CSR 14), is authorized.

    (c) The legislative rule filed in the State Register on the second day of August, two thousand twelve, authorized under the authority of section one, article seven, chapter thirty, of this code, modified by the Board of Examiners for Registered Professional Nurses to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the seventh day of December, two thousand twelve, relating to the Board of Examiners for Registered Professional Nurses (announcement of advanced practice, 19 CSR 7), is authorized.

    (d) The legislative rule filed in the State Register on the first day of August, two thousand twelve, authorized under the authority of section fifteen-a, article seven, chapter thirty, of this code, modified by the Board of Examiners for Registered Professional Nurses to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the seventh day of December, two thousand twelve, relating to the Board of Examiners for Registered Professional Nurses (limited prescriptive authority for nurses in advanced practice, 19 CSR 8), is authorized.

§64-9-7. Secretary of State.

    (a) The legislative rule filed in the State Register on the thirty-first day of August, two thousand twelve, authorized under the authority of section five hundred twenty-six, article nine, chapter forty-six, of this code, modified by the Secretary of State 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 thirteen, relating to the Secretary of State (Uniform Commercial Code, 153 CSR 35), is authorized.

    (b) The legislative rule filed in the State Register on the fourteenth day of August, two thousand twelve, authorized under the authority of section one hundred ten, article twenty-eight-a, chapter forty-eight, of this code, modified by the Secretary of State 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 thirteen, relating to the Secretary of State (administration of the address confidentiality program, 153 CSR 37), is authorized.

    (c) The legislative rule filed in the State Register on the twenty-seventh day of August, two thousand twelve, authorized under the authority of section six-a, article two, chapter three, of this code, modified by the Secretary of State to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-third day of January, two thousand thirteen, relating to the Secretary of State (regulation of political party headquarters financing, 153 CSR 43), is authorized.

    (d) The legislative rule filed in the State Register on the thirty-first day of August, two thousand twelve, authorized under the authority of section six-a, article two, chapter three, of this code, modified by the Secretary of State 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 thirteen, relating to the Secretary of State (regulation of late registration, 153 CSR 44), is authorized.

§64-9-8. Board of Barbers and Cosmetologists.

    (a) The legislative rule filed in the State Register on the twenty-ninth day of June, two thousand twelve, authorized under the authority of section six, article twenty-seven, chapter thirty, of this code, relating to the Board of Barbers and Cosmetologists (procedures, criteria and curricula for examination and licensure of barbers, cosmetologists, nail technicians, aestheticians and hair stylists, 3 CSR 1), is authorized.

    (b) The legislative rule filed in the State Register on the twenty-ninth day of June, two thousand twelve, 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 the tenth day of January, two thousand thirteen, relating to the Board of Barbers and Cosmetologists (barber apprenticeships, 3 CSR 13), is authorized.

    (c) The legislative rule filed in the State Register on the twenty-second day of August, two thousand twelve, 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 the twenty-ninth day of January, two thousand thirteen, 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 amendment:

    On page 4, subdivision 3.2(l), after the stricken word “within” by striking the words, “five (5) day”; and

    On page 4, by striking subdivision 3.2(s) in its entirety; and

    On page 7, by striking subsection 7.1, and inserting a new subsection 7.1 to read as follows,

    “7.1 Daily Records - Each school shall keep a daily class record of each student, showing the number hours earned daily, the total number of hours the student is in attendance and the days each student is absent. Daily hours shall be recorded by the school using a time tracking system that can not be edited by a student. Each student shall clock himself or herself in and out of school.”

§64-9-9. Commissioner of Agriculture.

    (a) The legislative rule filed in the State Register on the thirty-first day of August, two thousand twelve, authorized under the authority of section two, article nine, chapter nineteen, of this code, relating to the Commissioner of Agriculture (animal disease control, 61 CSR 1), is authorized.

    (b) The legislative rule filed in the State Register on the thirty-first day of August, two thousand twelve, authorized under the authority of section two, article nine, chapter nineteen, of this code, modified by the Department of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fifth day of December, two thousand twelve, relating to the Commissioner of Agriculture (poultry litter and manure movement into primary poultry breeder rearing areas, 61 CSR 28, is authorized, with the following amendment:

    On page four, section five, line three, by striking out the entire section five and renumbering the remaining sections.

§64-9-10. Board of Architects.

    The legislative rule filed in the State Register on the sixteenth day of August, two thousand twelve, authorized under the authority of section one, article twelve, chapter thirty, of this code, modified by the Board of Architects to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the tenth day of October, two thousand twelve, relating to the Board of Architects (registration of architects, 2 CSR 1), is authorized, with the following amendment:

    On page four, subdivision 2.2.17. after the word “apartment” by inserting the word “and”;

    On page four, subdivision 2.2.17. after the word “Condominiums” by striking out the words “and dormitories,”;

    On page six, subdivision 2.2.26. after the words “Other review, or review and corrections, of technical submissions after” by striking out the word “thy” and inserting in lieu thereof the word “they”;

    On page nine, subdivision 3.11.1. after the words “certificate of” by striking out the underlined words “good standing” and reinserting the stricken word “registration” and;

    On page nine, paragraph 3.11.2.a. after the word “grading” by inserting a comma;

    On page ten, subsection 3.12. after the words “before the Board,” by striking out the underlined words “no one shall” and reinserting the stricken words “an applicant or licensee may not” and;

    On page ten, subsection 4.1. after the words “an applicant for” by reinserting the stricken words “a certificate of”;

    On page ten, subdivision 5.1.1. by striking out the section in its entirety and inserting in lieu thereof the following:

    “To be eligible for a certificate of registration, other than pursuant to §2-1-6 of this rule, an applicant shall meet the following requirements:”;

    On page eleven, paragraph 5.1.1.b. after the word “NCARB’s” by striking out the remainder of said paragraph and inserting in lieu thereof the words “education standards applicable upon passage of this rule during the 2013 Regular Session of the West Virginia Legislature”;

     On page eleven, paragraph 5.1.1.c. after the words “stipulated by NCARB” by striking out the underlined words “and as accepted by the board”;

    On page eleven, paragraph 5.1.1.d. after the words “took the examination” by striking out the comma and the words “as accepted by the board” and inserting in lieu thereof a period;

    On page eleven, subdivision 5.1.4. by reinserting the stricken words “Prior to granting a certificate of registration”, and by striking out the underlined words “When evaluation qualifications” and by striking out the comma and the underlined words “prior to reaching its decision”;

    On page twelve, subdivision 6.1.2. after the words “to the Board concerning the applicant” by striking out the comma and the words “as the board considers pertinent”;

    On page thirteen, subdivision 7.3.3. after both instances of the the words “the Board” by striking both instances of the word “will” and inserting in lieu thereof in both instances the word “shall”;

    On page fifteen, subdivision 8.4.b. by restoring the stricken words “United States”;

    On page fifteen, subsection 8.6. after the words “non-renewal of any” by reinstating the stricken words “certificate of”;

    On page seventeen, subdivision 9.1.2 after the words “and municipal building laws” by reinserting the stricken words “and rules and ordinances”;

    On page seventeen, subdivision 9.1.2 after the words “in violation of those laws” by reinserting the stricken words “and rules and ordinances”;

    On page nineteen, subdivision 9.3.3.a. after the words “municipal building laws” by restoring the stricken words “and rules or ordinances”;

    On page nineteen, paragraph 9.3.3.c. after the words “the project” by striking out the underlined words “unless the registered architect is able to cause the matter to be resolved by other means”; and

    On page twenty, subdivision 9.4.3. after the words “disciplinary action if” by striking out the underlined words “based on grounds substantially similar to those which lead to disciplinary action in this jurisdiction, the architect was disciplined in any other United States jurisdiction” and inserting in lieu thereof the words “he or she was disciplined in another jurisdiction in the United States where the grounds for discipline are substantially similar to those in West Virginia.”

§64-9-11. Board of Dental Examiners.

    (a) The legislative rule filed in the State Register on the thirty-first day of August, two thousand twelve, authorized under the authority of section six, article four, chapter thirty, of this code, relating to the Board of Dental Examiners (rule for the West Virginia Board of Dental Examiners, 5 CSR 1), is authorized.

    (b) The legislative rule filed in the State Register on the thirty-first day of August, two thousand twelve, authorized under the authority of section five-a, article nine, chapter sixty-a, of this code, modified by the Board of Dental Examiners 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 twelve, relating to the Board of Dental Examiners (practitioner requirements for accessing the West Virginia controlled substances monitoring program database, 5 CSR 10), is authorized.

    (c) The legislative rule filed in the State Register on the thirty-first day of August, two thousand twelve, authorized under the authority of section seven-a, article one, chapter thirty, of this code, modified by the Board of Dental Examiners 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 twelve, relating to the Board of Dental Examiners (continuing education requirements, 5 CSR 11), is authorized.

    (d) The legislative rule filed in the State Register on the thirty-first day of August, two thousand twelve, authorized under the authority of section six, article four, chapter thirty, of this code, relating to the Board of Dental Examiners (expanded duties of dental hygienists and dental assistants, 5 CSR 13), is authorized.

§64-9-12. Hatfield-McCoy Regional Recreation Authority.

    The legislative rule filed in the State Register on the thirtieth day of August, two thousand twelve, authorized under the authority of section five, article fourteen, chapter twenty, of this code, modified by the Hatfield-McCoy Regional Recreation Authority 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 twelve, relating to the Hatfield-McCoy Regional Recreation Authority (rules for use of facility, 204 CSR 1), is authorized.

§64-9-13. Treasurer’s Office.

    The legislative rule filed in the State Register on the sixteenth day of August, two thousand twelve, authorized under the authority of section twenty-eight, article eight, chapter thirty-six, 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 the twenty-fifth day of September, two thousand twelve, relating to the Treasurer’s Office (enforcement of the Uniform Unclaimed Property Act, 112 CSR 5), is authorized, with the following amendment:

    On page six, subsection eleven, line eleven, following the words “under the Act”, by striking out the words “or under the Unclaimed Stolen Property Act” and inserting in lieu thereof the words “or under W.Va Code §36-8A-1, et seq.

§64-9-14. Board of Veterinary Medicine.

    (a) The legislative rule filed in the State Register on the thirtieth day of July, two thousand twelve, 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 the twenty-fifth day of October, two thousand twelve, relating to the Board of Veterinary Medicine (organization and operation and licensing of veterinarians, 26 CSR 1), is authorized.

    (b) The legislative rule filed in the State Register on the thirtieth day of July, two thousand twelve, 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 the twenty-fifth day of October, two thousand twelve, relating to the Board of Veterinary Medicine (schedule of fees, 26 CSR 6), is authorized.

§64-9-15. Board of Social Work.

    (a) The legislative rule filed in the State Register on the thirty-first day of August, two thousand twelve, authorized under the authority of section six, article thirty, chapter thirty, of this code, modified by the Board of Social Work to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-third day of January, two thousand thirteen, relating to the Board of Social Work (fee schedule, 25 CSR 3), is authorized.

    (b) The legislative rule filed in the State Register on the thirty-first day of August, two thousand twelve, authorized under the authority of section six, article thirty, chapter thirty, of this code, modified by the Board of Social Work to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fifth day of February, two thousand thirteen, relating to the Board of Social Work (qualifications for for the profession social work, 25 CSR 1), is authorized, with the following amendment:

    On page three, subsection 3.1., by striking out “30-30-8" and inserting in lieu thereof “30-30-1";

    On page three, subdivision 3.2.2, by striking out “3.2.2.” and inserting in lieu thereof “3.2.1.”;

    On page three, subdivision 3.2.3., by striking out “3.2.3.” and inserting in lieu thereof “3.2.2.”;

    On page three, subdivision 3.2.3., renumbered by this amendment as 3.2.2., after the word “candidate” by inserting the word “may”;

    On page four, subsection 3.3., after the words “qualified supervision and employment” by inserting the words “critical social work workforce shortage”;

    On page four, subdivision 3.3.1., by striking out all of paragraph (b) and inserting in lieu thereof a new paragraph, designated paragraph (b), to read as follows:

    “(b) Documentation showing the applicant has met the requirements set forth in W.Va. Code §30-30-16.”;

    On page four, subdivision 3.3.2., after the words “applicant must submit” by striking out the remainder of the subdivision and inserting in lieu thereof the words “a provisional license agreement contract on a form provided by the board. Along with the contract, the applicant must submit evidence of full time social work employment under a provisional license supervisor.”;

    On page four, subdivision 3.3.4., after the words “license period.” by striking out the remainder of the subsection and inserting in lieu thereof the words “Successful completion means receiving a passing grade.”;

    On page four, by striking out all of paragraph 3.3.4.(a);

    On page five, by striking out all of paragraph 3.3.4.(b);

    On page five, by striking out all of paragraph 3.3.4.(d);

    And relettering the remaining paragraphs accordingly;

    On page six, paragraph 3.3.8.(a), after the words “made prior to” by striking out the remainder of the paragraph and inserting in lieu thereof the words “submitting an application to employ a provisional licensee; and”;

    On page six, subdivision 3.3.9., at the beginning of the subdivision, by striking out the words “An employer” and inserting in lieu thereof the words “A provisional licensing supervisor”;

    On page six, subdivision 3.3.9., after the words “while under the” by striking out the words “employment of the agency.” and inserting in lieu thereof the words “supervision of the supervisor.”;

    On page six, paragraph 3.3.11.(e), by striking out the words “The Provisional Supervisor shall not have” and inserting in lieu thereof the word “Has not”;

    On page six, at the end of paragraph 3.3.11.(e), by inserting the word “and”;

    On page seven, subdivision 3.3.6, by renumbering said subdivision as subdivision 3.3.13;

    On page seven, subsection 3.6, by renumbering said subsection as subsection 3.4;

    On page seven, subdivision 3.6., renumbered by this amendment as 3.4., after the words “attempting the examination” by striking out the words “an additional time” and inserting in lieu thereof the word “thereafter”;

    On page seven, subsection 3.8, by renumbering said subsection as subsection 3.5;

    On page seven, beginning with subsection 3.9, by striking out said subsection 3.9 in its entirety, and striking out subdivision 3.9.1, the first subdivision 3.9.2 and the second subdivision 3.9.2, and inserting in lieu thereof the following:

    “3.6. As set forth in W. Va. Code §30-30-8, a licensed independent clinical social worker may apply social work theory, methods, assessment, ethics and the professional use of self to the diagnosis, treatment and prevention of psychological dysfunction, disability or impairment, including emotional and mental disorders and developmental disabilities.

    3.6.1. To be approved by the board to serve as a clinical supervisor, a West Virginia licensed independent clinical social worker, or a licensed clinical social worker from another jurisdiction, shall:

    (a) Have completed no less than two years of clinical practice since the initial issuance of the clinical license;

    (b) Submit a clinical supervision contract which identifies the clinical supervisor and the person being supervised, and sets forth the respective duties of employment. A clinical supervisor from another jurisdiction shall provide evidence of having a current, valid clinical social work license in good standing; and

    (c) Maintain records of supervision, initialed by both parties, of each face-to-face session, for 100 hours, over the course of two years of full time employment or 3,000 hours of part time employment: Provided, That up to 30 of the 100 hours may be conducted by electronic means, so long as confidentiality is guaranteed and the communication is not open for view or comment by other parties.”

    (c) The legislative rule filed in the State Register on the twenty-ninth day of January, two thousand thirteen, authorized under the authority of section six, article thirty, chapter thirty, of this code, relating to the Board of Social Work (applications, 25 CSR 4), is authorized, with the following amendment:

    On page one, subsection 2.1., by striking out the words “mail, fax or email.” and inserting in lieu thereof the words “mail, by fax to 304-558-4189, or by email to bswe2@suddenlink.net or amypolen@wvsocialworkboard.org.”

    (d) The legislative rule filed in the State Register on the twenty-ninth day of January, two thousand thirteen, authorized under the authority of section six, article thirty, chapter thirty, of this code, relating to the Board of Social Work (continuing education for social workers and providers, 25 CSR 5), is authorized, with the following amendment:

    On page one, subdivision 3.1.1., after the words “at least” by striking out the word “thirty”;

    On page two, subdivision 3.1.1., after the words “may be earned via” by striking out the word “technical” and inserting in lieu thereof the word “electronic”;

    On page two, subsection 3.2., after the words “licensee is not” by inserting in lieu thereof the word “required”;

    On page two, subdivision 3.3.1., after the words “satisfactorily completing:” by inserting the words “individual professional activities as follows:”;

    On page two, subdivision 3.3.1., paragraph (b), at the end of the paragraph, after the words “under contract” by striking out the words “and professional meetings”;

    On page two, subdivision 3.4.3., after the words “three (3) years of time” by striking out the remainder of said subdivision 3.4.3. and inserting in lieu thereof the words “preceding the date of renewal. Once the license is renewed, the Board may expunge the records.”;

    On page three, subdivision 3.7.2., at the beginning of the subdivision, by striking out the words “The license” and inserting in lieu thereof the words “A delinquent license”;

    On page three, subsection 4.1., in the third sentence of the subsection, after the words “programs under” by striking out the word “it’s” and inserting in lieu thereof the word “its”;

    On page four, subdivision 4.2.6., after the words “provisions of the” by striking out the word “American’s” and inserting in lieu thereof the word “Americans”;

    On page five, subdivision 4.3.12., after the words “provisions of the” by striking out the word “American’s” and inserting in lieu thereof the word “Americans”; and

    On page five, subdivision 4.4.2, in the second sentence of the subdivision, after the words “conducted via” by striking out the word “technical” and inserting in lieu thereof the word “electronic”.

    (e) The legislative rule filed in the State Register on the twenty-ninth day of January, two thousand thirteen, authorized under the authority of section six, article thirty, chapter thirty, of this code, relating to the Board of Social Work (code of ethics, 25 CSR 7), is authorized.

§64-9-16. Board of Examiners for Speech-Language Pathology and Audiology.

    The legislative rule filed in the State Register on the twelfth day of June, two thousand twelve, authorized under the authority of section ten, article thirty-two, chapter thirty, of this code, relating to the Board of Examiners for Speech-Language Pathology and Audiology (licensure of speech-pathology and audiology, 29 CSR 1), is authorized.

§64-9-17. Conservation Committee.

    The legislative rule filed in the State Register on the twenty-seventh day of August, two thousand twelve, authorized under the authority of section four, article twenty-one-a, chapter nineteen, of this code, modified by the Conservation Committee to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the seventeenth day of December, two thousand twelve relating to the Conservation Committee (operation of the West Virginia State Conservation Committee and conservation districts, 63 CSR 1), is authorized, with the following amendment:

    One page one, section one, subsection 1.1, by striking out the comma and the words “appointment and removal” and inserting in lieu thereof the words “and appointment”;and

    On page three, section two, by striking out all of subsection 2.6.

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature **