H. B. 2124
(By Delegate Hall)
[Introduced February 9, 2005; referred to the
Committee on the Judiciary.]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §16-6-22b, relating
to people with medically restrictive diets; requiring
establishments serving prepared food to the public for
consumption to allow people with special dietary restrictions
to bring certain foods with them; and providing for
physician's letter and the issuance of a restricted diet card.
Be it enacted by the Legislature of West Virginia:
That of the code of West Virginia, 1931, as amended, be
amended by adding thereto a new section, designated §16-6-22b
, to
read as follows:
ARTICLE 6. HOTELS AND RESTAURANTS.
§16-6-22b. Service for persons with medically restrictive diets.
Any establishment regulated pursuant to this article shall
allow any person on a medically restrictive diet to bring to the restaurant foods that comply with that diet if he or she presents
proof of the medically restricted diet in the form of a letter from
the treating physician or present a card issued by the Director of
Health or a county board of health identifying him or her as being
on a medically restrictive diet as provided herein.
The State Director of Health or any county board of health may
issue a medically restrictive diet card to any person providing
proof in the nature of a letter from their treating physician that
the person is restricted as to the kinds of food he or she may
consume as the result of a medical condition. The Director or
county board of health may charge a fee of not more than two
dollars to issue or renew the card. The card shall be valid for a
period of five years and may be renewed.
NOTE: The purpose of this bill is to require establishments
serving prepared food to the public for consumption to allow people
with special dietary restrictions to bring certain foods with them.
The bill also provides for the verification of dietary restrictions
by providing for a physician's letter and the issuance of a
restricted diet card.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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