COMMITTEE SUBSTITUTE
FOR
H. B. 4108
(By Delegates Brown, D. Poling,
Miley and Talbott)
(Originating in the Committee on the Judiciary)
[February 19, 2010]
__________
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 State Board of Examiners
for Licensed Practical Nurses to promulgate a legislative rule
relating to policies and procedures for development and
maintenance of educational programs in practical nursing (10 CSR 1); authorizing the Board of Examiners in Counseling to
promulgate legislative rules relating to marriage and family
license renewal and continuing professional education (27 CSR
10), licensed professional counselor fees (27 CSR 2), licensed
professional counselor license renewal and continuing
professional education requirements (27 CSR 3), marriage and
family therapists licensing (27 CSR 8), and marriage and
family therapists fees (27 CSR 9); authorizing the Board of
Medicine to promulgate a legislative rule relating to fees for
services rendered by the Board of Medicine including
assistance to the Board-designated physician health program
for physicians, podiatrists and physician assistants (11 CSR
4); authorizing the Conservation Agency to promulgate a
legislative rule relating to the operation of the West
Virginia State Conservation Committee and conservation
districts (63 CSR 1);
authorizing the Commissioner of
Agriculture to promulgate legislative rule relating to animal
disease control (61 CSR 1), integrated pest management
programs in schools and child care centers and facilities (61
CSR 12J
), West Virginia shellfish (61 CSR 23B), and best
management practices for land application of waste products
from aquaculture facilities (61 CSR 27); authorizing the Board
of Barbers and Cosmetologists to promulgate legislative rule
relating to continuing education (3 CSR 11), qualifications,
training, examination and licensure of instructors in
barbering and beauty culture (3 CSR 2), licensing schools of
barbering and beauty culture (3 CSR 3), operation of barber,
beauty shops and schools of barbering and beauty culture (3 CSR 5), schedule of fees (3 CSR 6), and schedule of fines (3
CSR 7); authorizing
the Board of Examiners for Speech-Language
Pathology and Audiology to promulgate a legislative rule
relating to licensure of speech-pathology and audiology (29
CSR 1); authorizing the Real Estate Appraiser Licensing and
Certification Board to promulgate legislative rules relating
to the requirements for licensure and certification (190 CSR
2) and the renewal of licensure or certification (190 CSR 3);
authorizing the Board of Osteopathy to promulgate legislative
rules relating to fees for services rendered by the Board (24
CSR 5), licensing procedures for osteopathic physicians (24
CSR 1), and the formation and approval of professional
limited liability companies (24 CSR 4); authorizing the
Secretary of State to promulgate legislative rules relating to
early voting in person satellite precincts (153 CSR 13), Vote-
by-mail Pilot Project Phase 1: Class IV Early Voting by Mail
(153 CSR 38) and Vote-by-mail Pilot Project Phase 2: Voting by
Mail (153 CSR 39); authorizing the Board of Occupational
Therapy to promulgate legislative rules relating to the
administrative rules of the Board of Occupational Therapy and
licensure of occupational therapists and occupational therapy
assistants (13 CSR 1), fees for services rendered by the Board
(13 CSR 3), continuing education and competence (13 CSR 4),
competency standards for advance practice by occupational
therapists and occupational therapy assistants (13 CSR 5) and
ethical standards of practice (13 CSR 6); authorizing the
Board of Psychologists to promulgate a legislative rule
relating to the qualifications for licensure as a psychologist or a school psychologist (17 CSR 3); and authorizing the
Governor's Office of Health Enhancement and Lifestyle Planning
to promulgate a legislative rule relating to prescription drug
advertising expense reporting (210 CSR 1).
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. State Board of Examiners for Licensed Practical Nurses.
The legislative rule filed in the state register on the July
9, 2009, authorized under the authority of section five, article
seven-a, chapter thirty, of this code, modified by the State Board
of Examiners for Licensed Practical Nurses to meet the objections
of the legislative rule-making review committee and refiled in the
state register on October 19, 2009, relating to the State Board of
Examiners for Licensed Practical Nurses (policies and procedures
for development and maintenance of educational programs in
practical nursing, 10 CSR 1), is authorized.
§64-9-2. Board of Examiners in Counseling.
(a) The legislative rule filed in the state register on July
31, 2009, authorized under the authority of section six, article
thirty-one, chapter thirty, of this code, modified by the Board of
Examiners in Counseling to meet the objections of the legislative
rule-making review committee and refiled in the state register on
November 25, 2009, relating to the Board of Examiners in Counseling
(licensed professional counselor fees, 27 CSR 2), is authorized.
(b) The legislative rule filed in the state register on July 31, 2009, authorized under the authority of section six, article
thirty-one, chapter thirty, of this code, modified by the Board of
Examiners in Counseling to meet the objections of the legislative
rule-making review committee and refiled in the state register on
October 19, 2009, relating to the Board of Examiners in Counseling
(licensed professional counselor license renewal and continuing
professional education requirements, 27 CSR 3), is authorized.
(c) The legislative rule filed in the state register on July
31, 2009, authorized under the authority of section six, article
thirty-one, chapter thirty, of this code, modified by the Board of
Examiners in Counseling to meet the objections of the legislative
rule-making review committee and refiled in the state register on
November 25, 2009, relating to the Board of Examiners in Counseling
(marriage and family therapists licensing, 27 CSR 8), is
authorized.
(d) The legislative rule filed in the state register on July
31, 2009, authorized under the authority of section six, article
thirty-one, chapter thirty, of this code, modified by the Board of
Examiners in Counseling to meet the objections of the legislative
rule-making review committee and refiled in the state register on
November 25, 2009, relating to the Board of Examiners in Counseling
(marriage and family therapists fees, 27 CSR 9), is authorized.
(e) The legislative rule filed in the state register on July
31, 2009, authorized under the authority of section six, article
thirty-one, chapter thirty, of this code, modified by the Board of
Examiners in Counseling to meet the objections of the legislative
rule-making review committee and refiled in the state register on
October 19, 2009, relating to the Board of Examiners in Counseling (marriage and family license renewal and continuing professional
education, 27 CSR 10), is authorized
with the following amendments:
On page one section 2.1, by striking the words "of Marriage
and Family Therapist and code of ethics." and inserting in lieu
thereof the following words, "for Marriage and Family Therapy Code
of Ethics.";
On page two section 2.7 by striking the words, "you attend"
and inserting in lieu thereof the word, "attended";
On page three section 4.1, striking the word "Therapist" and
inserting in lieu of the word, "Therapy";
On page four section 4.9 striking the word "therapist" and
inserting in lieu of the following word, "therapy";
On page four section 4.10 striking the words, "of Marriage and
Family Therapist" and inserting in lieu thereof the following
words, "for Marriage and Family Therapy";
On page six, subparagraph (I) by striking the apostrophe;
On page seven, subparagraph (D) by striking the apostrophe;
On page eight paragraph 6 by striking the words, "of Marriage
and Family Therapist" and inserting in lieu thereof the following
words, "for Marriage and Family Therapy";
On page nine, subparagraph (C) by striking out the words, "of
Marriage and Family Therapist" and inserting in lieu of the
following words, "for Marriage and Family Therapy".
§64-9-3. Board of Medicine.
The legislative rule filed in the state register on July 30,
2009, authorized under the authority of section seven, article
three, chapter thirty, of this code, relating to the Board of
Medicine (fees for services rendered by the Board of Medicine including assistance to the Board-designated physician health
program for physicians, podiatrists and physician assistants, 11
CSR 4), is authorized.
§64-9-4. Conservation Agency.
The legislative rule filed in the state register on July 29,
2009, authorized under the authority of section four, article
twenty-one-a, chapter nineteen, of this code, modified by the
Conservation Agency to meet the objections of the legislative rule-
making review committee and refiled in the state register on
October 23, 2009, relating to the Conservation Agency (operation of
the West Virginia State Conservation Committee and conservation
districts, 63 CSR 1), is authorized.
§64-9-5. Commissioner of Agriculture.
(a) The legislative rule filed in the state register on July
28, 2009, authorized under the authority of section two, article
nine, 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 22, 2009, relating to the Commissioner of Agriculture
(animal disease control, 61 CSR 1), is authorized.
(b) The legislative rule filed in the state register on July
21, 2009, authorized under the authority of section four, article
sixteen-a, 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 4, 2009, relating to the Commissioner of
Agriculture (integrated pest management programs in schools and
child care centers and facilities, 61 CSR 12J), is authorized.
(c) The legislative rule filed in the state register on July
31, 2009, authorized under the authority of section one, article
twenty-nine, 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 23, 2009, relating to the Commissioner of
Agriculture (West Virginia shellfish, 61 CSR 23B), is authorized
with the following amendments:
On page 4, by striking out subdivision 4.1.i. in its entirety
and inserting in lieu thereof a new subdivision 4.1.i. to read as
follows:
"Refer violations to a court of competent jurisdiction for the
violation of this rule as allowed under West Virginia laws.
Nothing in this rule shall be construed as requiring the
commissioner to report for prosecution or institute an embargo,
detainment or quarantine for the violation of this rule when he or
she believes that the public interest may best be served by a
written notice of the violation."
On page 6, after subdivision 7.1.j. by adding a new
subsection, designated 7.2 to read as follows:
"7.2. Any person who violates the provisions of this rule
shall have his or her Shellfish Certificate suspended until the
facility is in compliance with the provisions of this rule.";
And,
On pages 6 and 7, by striking §61-23A-8 in its entirety
.
(d) The legislative rule filed in the state register on July
15, 2009, authorized under the authority of section six, article
twenty-nine, 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 January 14, 2010, relating to the Commissioner of
Agriculture (best management practices for land application of
waste products from aquaculture facilities, 61 CSR 27), is
authorized.
§64-9-6. Board of Barbers and Cosmetologists.
(a) The legislative rule filed in the state register on July
31, 2009, 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 December 14, 2009, relating to the Board of Barbers and
Cosmetologists (qualifications, training, examination and licensure
of instructors in barbering and beauty culture, 3 CSR 2), is
authorized with the following amendments:
On page one, subsection 2.1, by striking out said subsection
2.1 in its entirety and inserting in lieu thereof a new subsection
2.1 to read as follows:
"2.1. An individual seeking licensure as an instructor of
barbering, cosmetology, nail technology or aesthetics in a school
of barbering and/or beauty culture must:";
On page two, subdivision 2.1.9, by striking out said
subdivision 2.1.9 in its entirety and inserting in lieu thereof a
new subdivision 2.1.9 to read as follows:
"2.1.9. Submit a letter from a school owner or manager
certifying that the applicant has completed 375 hours of instructor
training and attesting to the applicant's professional capabilities."
On page two, subdivision 2.1.11, at the beginning of said
subdivision, by striking out the word "Must";
On page two, subdivision 2.1.12, at the beginning of said
subdivision, by striking out the word "Must";
On page two, subdivision 3.1.6, by striking out said
subdivision 3.1.6 in its entirety and inserting in lieu thereof a
new subdivision 3.1.6 to read as follows:
"3.1.6. Submit a letter from a school owner or manager
certifying that the applicant has completed 375 hours of instructor
training and attesting to the applicant's professional capabilities
and employment and instructing experience."
On page three, subdivision 3.1.8, at the beginning of said
subdivision, by striking out the word "Must";
On page three, subdivision 3.1.9, at the beginning of said
subdivision, by striking out the word "Must";
On page three, subsection 4.1, in the last sentence, by
striking out the underlined word "student";
On page four, subsection 5.2, by striking out the last
sentence that reads: "This rule section applies to only 1800 hour
barber graduates."; and
On page six, subsection 8.2, by striking out the word 'whose'
and inserting in lieu thereof the words "who is".
(b) The legislative rule filed in the state register on July
31, 2009, 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 December 14, 2009, relating to the Board of Barbers and
Cosmetologists (licensing schools of barbering and beauty culture,
3 CSR 3), is authorized
with the following amendments:
On page one, subdivision 2.1.d, by striking said subdivision
2.1.d in its entirety and inserting in lieu thereof a new
subdivision 2.1.d to read as follows:
"The applicant has employed or contracted with at least 2
licensed master instructors, and such additional licensed
instructors as necessary to meet the instructor-to-student ratio
requirements of 3 CSR 4 (Title 3, Legislative Rule of the Board of
Barbers and Cosmetologists, Series 4, Operational Standards for
Schools of Barbering and Beauty Culture).";
On page two, subdivision 3.1.5, after the words "one classroom
for each" by striking out the words "professional subject" and
inserting in lieu thereof the word "profession";
On page three, subdivision 3.1.13, by striking said
subdivision 3.1.13 in its entirety and inserting in lieu thereof
a new subdivision 3.1.13 to read as follows:
"A statement by the applicant that the school is handicapped
accessible.";
On page four, subsection 3.6, by striking said subsection 3.6
in its entirety and inserting in lieu thereof a new subsection 3.6
to read as follows:
"Applicants who acquire or relocate an existing school must
meet the requirements set forth in this section.";
On page four, subsection 4.4, after the words "The Board" by
striking the word "shall" and inserting in lieu thereof the word
'may', and after the words "general grounds" by inserting the word "suspend,"; and
On page four, subdivision 4.4.3, by striking said subdivision
4.4.3 in its entirety and inserting in lieu thereof a new
subdivision 4.4.3 to read as follows:
"A licensee, owner, administrator, manager, director or other
key interested party is convicted of a felony or misdemeanor
relating to the school or its operation.".
(d) The legislative rule filed in the state register on July
31, 2009, 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 December 14, 2009, relating to the Board of Barbers and
Cosmetologists (operation of barber, beauty shops and schools of
barbering and beauty culture, 3 CSR 5), is authorized
with the
following amendment:
On page three, subsection 2.19, after the words "free from
hair", by striking the comma and the word "marks".
(e) The legislative rule filed in the state register on July
31, 2009
, 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.
(f) The legislative rule filed in the state register on July
31, 2009
, 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 December 14, 2009, relating to the Board of Barbers and
Cosmetologists (schedule of fines, 3 CSR 7), is authorized
with the
following amendment:
On page one, section 2, after the words "any person licensed"
by striking out the words "and/or licensed facility" and inserting
in lieu thereof the following words "or holding a salon license";
On page ten, subsection 2.63, by striking out the word
"Failure" and inserting in lieu thereof the word "Failing";
On page eleven, subsection 2.64, by striking out the word
"Failure" and inserting in lieu thereof the word "Failing";
On page eleven, subsection 2.65, by striking out the words
"Failure for a shop or shop owner" and inserting in lieu thereof
the word "Failing"; and
On page eleven, subsection 2.66, by striking out the words
"Failure for a shop or shop manger" and inserting in lieu thereof
the word "Failing"
.
(g) The legislative rule filed in the state register on July
31, 2009
, 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 December 14, 2009, relating to the Board of Barbers and
Cosmetologists (continuing education, 3 CSR 11), is authorized with
the following amendments:
On page one, after the section heading "§3-11-2 Definitions"
by striking out everything after the said section heading and
inserting in lieu thereof the following, all to read as follows:
"2.1. 'Approved academic course' means a formal course of study offered by an accredited postsecondary educational
institution as it relates to the barbering, cosmetology,
manicuring/nail technology, and aesthetics.
2.2. 'Approved provider' means a local, state or national
agency, organization or association recognized by the Board.
2.3. 'Audit' means the selection of licensees for verification
of satisfactory completion of continuing education during a
specified time period, or the selection of approved providers for
verification of adherence to continuing education approved provider
requirements during a specified time period.
2.4. 'Beauty Culture' means the act or practice of a
profession as a barber, cosmetologists, nail technician, or
aesthetician.
2.5. 'Contact person' means a person submitting a Request for
Approval Form.
2.6. 'Continuing education' means planned, organized learning
activities engaged in following initial licensure and designed to
maintain, improve, or expand beauty knowledge and skills or to
develop new knowledge and skills related to beauty culture
practice, education, or theory development.
2.7. 'Continuing education activity' means a learning activity
that is planned, organized and administered to enhance the
professional knowledge and skills underlying the professional
performance that the licensee uses to provide services the public.
To qualify as continuing education, the activity must provide
sufficient depth and scope of a subject area.
2.8. 'Continuing education credit' means credit earned for
completing a continuing education activity, expressed in units as provided in section 3.1 of this rule.
2.9. 'Continuing Education Provider License' means a licensed
provider of continuing education.
2.10. 'Documentation' means proof of participation in a
continuing education activity.
2.11. 'Formal offering' means an extension course, independent
study, or other course which is offered, for college credit, by a
recognized educational institution.
2.12. 'Informal offering' means a workshop, seminar,
institute, conference, lecture, or short term course, which is
offered for credit in continuing education units.
2.13. 'Objectives' means an expression in measurable and
observable terms of what the participant will learn as a result of
the educational activity.
2.14. 'Sponsor' means an organization, including professional
societies, academic institutions, individuals, corporations, or
governmental agencies, which plans, organizes, supports, endorses,
subsidizes and/or administers educational activities, and is
responsible for the content, quality and integrity of the
educational activity.
§3-11-3. Continuing Education.
3.1. Each applicant for renewal or reinstatement of a license
shall verify that he or she has satisfactorily completed four (4)
credits of continuing education during the prescribed year
reporting period.
3.1.a. Units of measurement for continuing education credits
are calculated as follows:
30 to 49 minutes = 0.5 CE credits
50 to 74 minutes = 1 CE credits
75 to 99 minutes = 1.5 CE credits
100 minutes = 2 CE credits
Activities lasting less than 30 minutes are not eligible for
credit.
3.1.b. Writing an article which is published in a magazine
directly related to the profession will qualify for 4 credits of
continuing education within the continuing education reporting
period. A copy of the article must be maintained by the licensee
for a period of 3 years following the continuing education
activity.
3.2. Credits may not be granted for identical continuing
education activities submitted during any single year reporting
period. Credits may not be accumulated for use in a future single
year reporting period.
3.3. Documentation of continuing education credits must be
submitted with applications for license renewal.
§3-11-4. Exceptions to Continuing Education Requirements.
4.1. Reciprocity applicants and newly licensed applicants are
exempt from the continuing education requirements until the first
renewal period after initial West Virginia licensure.
4.2. A licensee who resides outside of West Virginia and who
holds a current license to practice in a state other than West
Virginia shall satisfy the continuing education requirements for
West Virginia in order to renew his or her license in this state.
4.3. The Board may grant a waiver to a licensee who has a
physical or mental disability or illness or who is providing direct
care to a member of his or her immediate family during all or a portion of the reporting period. A waiver provides for an
extension of time or exception from some or all of the continuing
education requirements. Any licensee may request an application
for a waiver from the Board. The Board may approve or deny an
application for waiver after review of the application. The Board
may not grant a waiver of continuing education requirements for
more than one (1) year reporting period.
§3-11-5. Failure to Meet Requirements or Exceptions to
Requirements.
5.1. The Board may place the licensee on inactive status
without penalty and may waive the continuing education
requirements, providing that the licensee notifies the Board in
writing of his or her desire to have the Board place his or her
license on inactive status before the last day of the reporting
period.
5.2. The Board may suspend the license of any person who fails
to notify the Board, in writing, prior to the last day of the
reporting period that he or she wishes to place his or her license
on the inactive status.
§3-11-6. Reinstatement of a License on Inactive Status or Issuance
of a Probational Temporary License.
6.1. A person wishing to reinstate a license from inactive
status or from suspended status shall:
6.1.a. Make application for reinstatement of the license from
inactive status or suspended status;
6.1.b. Meet the continuing education requirements as set forth
in this rule; and
6.1.c. Pay the fee for reinstatement suspended license as specified in the Board's rule, Schedule of fees for services
rendered.
§3-11-7. Audit of Licensee.
7.1 The Board may select any licensee who holds a current
license to audit for compliance with continuing education
requirements no fewer than 60 days prior to the expiration of the
license.
7.2. To comply with the audit request from the Board, a
licensee shall submit legible copies of certificates of attendance
at continuing education activities.
7.3. The licensee shall submit the required documents within
thirty (30) days of the date he or she receives notification of the
audit. The Board may grant an extension of time for submission of
the documents, on an individual basis in cases of hardship, if the
licensee makes a written request for an extension of time and
provides justification for such the request.
7.4. Licensees shall keep certificates of attendance at
continuing education activities, letters verifying special approval
for informal offerings from non-approved providers, transcripts of
courses, and documentation of compliance with exceptions for a
three (3) year period following the continuing education
activities.
7.5. The Board shall complete the audit within 30 days of
receipt of required documentation and shall notify the licensee of
the satisfactory completion of the audit.
7.6. If a person fails to submit the audit information
requested by the Board, the Board may not renew the license Board
before the information is received and the audit is completed.
7.7. Licensees shall notify the Board of any changes of
mailing address, and are not absolved from the audit requirements.
§3-11-8. Minimum Standards for Approved Provider.
8.1. All providers of continuing education shall complete an
application, and pay the required fees, and obtain a Continuing
Education Provider License, before offering to provide continuing
education.
8.2. The Board shall maintain a current list of approved
providers which is available to the public upon request.
8.3. The Board shall notify providers who fail to meet the
minimum acceptable provider standards, in writing, of specific
deficiencies and offer a reasonable period of time to correct
deficiencies.
8.4. The Board may remove an approved provider who fails to
meet the approved provider standards from the list of approved
providers.
8.5. The providers shall provide a certificate to the licensee
indicating the following information:
8.5.a. Name of licensee who attended the continuing education
class;
8.5.b. The date attended;
8.5.c. The value of continuing education credits; and
8.5.d. Contact information for the continuing education
provider.
8.6. The providers shall provide a list to the State Board in
a Microsoft Excel format in paper and disc form within 30 days of
the continuing education class. The list shall include:
8.6.a. Names of licensees;
8.6.b. License numbers of licensee;
8.6.c. Location of class;
8.6.d. The date held; and
8.6.e. Title of continuing education class or activity.
8.7. The application for a continuing education provider
license shall provide detailed descriptions of the subject areas,
sponsors, speakers, instructors, training courses, events,
demonstrations or shows for which the applicant seeks approval.
§3-11-9. Continuing Education Subjects/Events.
9.1. Continued education offerings shall consist of one or
more of the following subject areas or events:
9.1.a. Product information or training;
9.1.b. Events, speakers, or shows by third party
administrators held at beauty schools/conventions;
9.1.c. Tax, business, or computer training or courses;
9.1.d. Styling or application demonstrations;
9.1.e. Sanitation courses;
9.1.f. HIV/AIDS awareness and other communicable disease
awareness courses;
9.1.g. Training or courses on West Virginia state laws
governing the practices licensed by the board; and
9.1.h. Continuing education activities sponsored by the
National Cosmetology Association (NCA), National Interstate Council
of State Boards of Cosmetology (NIC), National Cosmetology Seminar,
Aesthetic International Association, National Association of
Barbering and Hairstyling, National Association of Barber Boards of
American approved courses, seminars, and demonstrations or any
other national association approved by the Board.
§3-11-10. Activities Not Acceptable for Continuing Education
Credit.
10.1. The following activities are not acceptable for
continuing education credit:
10.1.a. Job related practice;
10.1.b. Development and presentation of programs as part of
the licensee's on-going job responsibilities;
10.1.c. Orientation to and update of policies and procedures
specific to the licensee's employing facility;
10.1.d. Activities which are part of a licensee's usual job
responsibility; and/or
10.1.e. In-house training from a regular employee, manager or
owner of the facility."
.
§64-9-7. Board of Examiners for Speech-Language Pathology and
Audiology.
The legislative rule filed in the state register on the
seventeenth day of June, two thousand nine, authorized under the
authority of section ten, article thirty-two, chapter thirty, of
this code, modified by the Board of Examiners for Speech-Language
Pathology and Audiology to meet the objections of the legislative
rule-making review committee and refiled in the state register on
July 23, 2009, relating to the Board of Examiners for Speech-
Language Pathology and Audiology (licensure of speech-pathology and
audiology, 29 CSR 1), is authorized
with the following amendment:
On page 6, subsection 12.2, by striking out the second
sentence of the subsection "These continuing education hours may
only be credited if they are acquired during the 2-year licensure
period, unless the licensee falls under 12.1.a.' and inserting in lieu thereof a new second sentence 'Licensees who exceed the
minimum continuing education requirement may carry a maximum of 6
hours forward to the next reporting period only."
.
§64-9-8. Real Estate Appraiser Licensing and Certification Board.
(a) The legislative rule filed in the state register on July
31, 2009
, authorized under the authority of section seven, 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 September 22, 2009, 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 March
23, 2009, authorized under the authority of section seven, article
thirty-eight, chapter thirty, of this code, relating to the Real
Estate Appraiser Licensing and Certification Board (renewal of
licensure or certification, 190 CSR 3), is authorized.
§64-9-9. Board of Osteopathy.
(a) The legislative rule filed in the state register on July
31, 2009
, authorized under the authority of section four, article
fourteen, 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 October 3,
2009, relating to the Board of Osteopathy (licensing procedures for
osteopathic physicians, 24 CSR 1), is authorized.
(b) The legislative rule filed in the state register on July
31, 2009
, authorized under the authority of section nine-a, article fourteen, 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 24,
2009, relating to the Board of Osteopathy (formation and approval
of professional limited liability companies, 24 CSR 4), is
authorized.
(c) The legislative rule filed in the state register on July
31, 2009
, authorized under the authority of section four, article
fourteen, 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 October 23,
2009, relating to the Board of Osteopathy (fees for services
rendered by the Board, 24 CSR 5), is authorized.
§64-9-10. Secretary of State.
(a) The legislative rule filed in the state register on the
July 31, 2009
, authorized under the authority of two-a, article
three, 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 November 19, 2009,
relating to the Secretary of State (early voting in person
satellite precincts, 153 CSR 13), is authorized
with the following
amendment:
On page 5, section 7.3, after the word, "workers" by inserting
a comma and the following words, "of differing political
affiliation,".
(b) The legislative rule filed in the state register on July
31, 2009
, authorized under the authority of three, article three-a,
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 November 5, 2009, relating to
the Secretary of State (Vote-by-mail Pilot Project Phase 1: Class
IV Early Voting by Mail, 153 CSR 38), is authorized.
(c) The legislative rule filed in the state register on July
31, 2009
, authorized under the authority of three, article three-a,
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 November 5, 2009, relating to
the Secretary of State (Vote-by-mail Pilot Project Phase 2: Voting
by Mail, 153 CSR 39), is authorized
with the following amendments:
On page 2, by inserting a new subdivision designated, 3.1.e.
to read as follows:
"3.1.e. A municipality shall submit the required information
to the Office of the Secretary of State by November 11, 2010.";
On page 2, subparagraph 3.1.d.6, by striking the word, "pubic"
and inserting the word, "public";
On page 3, subdivision 3.2.a, by striking the words, "an
ordinance" and inserting the words, "a resolution".
§64-9-11. Board of Occupational Therapy.
(a) The legislative rule filed in the state register on July
7, 2009, authorized under the authority of section seven, article
twenty-eight, chapter thirty, of this code, modified by the Board
of Occupational Therapy to meet the objections of the legislative
rule-making review committee and refiled in the state register on
November 24, 2009, relating to the Board of Occupational Therapy
(administrative rules of the Board of Occupational Therapy and
licensure of occupational therapists and occupational therapy assistants, 13 CSR 1), is authorized.
(b) The legislative rule filed in the state register on July
7, 2009, authorized under the authority of section seven, article
twenty-eight, chapter thirty, of this code, modified by the Board
of Occupational Therapy to meet the objections of the legislative
rule-making review committee and refiled in the state register on
November 24, 2009, relating to the Board of Occupational Therapy
(fees for services rendered by the Board, 13 CSR 3), is authorized.
(c) The legislative rule filed in the state register on July
7, 2009, authorized under the authority of section seven, article
twenty-eight, chapter thirty, of this code, modified by the Board
of Occupational Therapy to meet the objections of the legislative
rule-making review committee and refiled in the state register on
the twenty-fourth day of November 24, 2009, relating to the Board
of Occupational Therapy (continuing education and competence, 13
CSR 4), is authorized.
(d) The legislative rule filed in the state register on July
7, 2009, authorized under the authority of section seven, article
twenty-eight, chapter thirty, of this code, modified by the Board
of Occupational Therapy to meet the objections of the legislative
rule-making review committee and refiled in the state register on
November 24, 2009, relating to the Board of Occupational Therapy
(competency standards for advance practice by occupational
therapists and occupational therapy assistants, 13 CSR 5), is
authorized with the following amendments:
On page 12, by striking subsection 4.5.a, 4.5.b, 4.5.c and
4.5.d in their entirety and inserting in lieu thereof the
following:
"4.5.a. Accredited educational programs;
4.5.b. Specific certification as endorsed by the American
Occupational Therapy Association or its successor, or as approved
by the WVBOT;
4.5.c. Successful completion of an appropriate continuing
education course which includes theory, indications, contra-
indications and applications." and,
On page 12, by inserting a new subdivision 4.6.a to read as
follows:
"4.6.a. The Board shall conduct random audits of occupational
therapy assistants to substantiate competency in physical agent
modalities.".
(e) The legislative rule filed in the state register on July
7, 2009, authorized under the authority of section seven, article
twenty-eight, chapter thirty, of this code, modified by the Board
of Occupational Therapy to meet the objections of the legislative
rule-making review committee and refiled in the state register on
November 24, 2009, relating to the Board of Occupational Therapy
(ethical standards of practice, 13 CSR 6), is authorized.
§64-9-12. Board of Psychologists.
The legislative rule filed in the state register on July 27,
2009, authorized under the authority of section six, article
twenty-one, chapter thirty, of this code, modified by the Board of
Psychologists to meet the objections of the legislative rule-making
review committee and refiled in the state register on January 14,
2010, relating to the Board of Psychologists (qualifications for
licensure as a psychologist or a school psychologist, 17 CSR 3), is
authorized with the following amendment:
On page 3, section 5.1, after the words "W.Va. Code §30-21-
2.", by adding the following:
"For the purposes of this rule, the supervised professionally
oriented teaching, supervising and research activities of
applicants who are full-time, university clinical faculty members
may apply towards the required hours of supervised work
experience."
§64-9-13. Governor's Office of Health Enhancement and Lifestyle
Planning.
The legislative rule filed in the state register on October
30,2009, authorized under the authority of section eight, article
twenty-nine-H, chapter sixteen, of this code, relating to the
Governor's Office of Health Enhancement and Lifestyle Planning
(prescription drug advertising expense reporting, 210 CSR 1), is
authorized.
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