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Introduced Version House Bill 3130 History

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hb3130 intr
H. B. 3130


(By Delegate Proudfoot and Perdue)
[Introduced March 22, 2005; referred to the
Committee on Education then the Judiciary.]




A BILL to amend and reenact §16-1-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §16-2-11 of said code, all relating to requiring local boards of health to conduct inspections of all elementary and secondary schools; and authorizing the Commissioner of the Bureau of Public Health to promulgate and establish standards for these inspections.

Be it enacted by the Legislature of West Virginia:
That §16-1-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §16-2-11 said code be amended and reenacted, all to read as follows:
ARTICLE 1. STATE PUBLIC HEALTH SYSTEM.
§16-1-6. Powers and duties of the Commissioner.

The Commissioner is the chief executive, administrative and fiscal officer of the Bureau for Public health and has the following powers and duties:
(a) To supervise and direct the fiscal and administrative matters of the Bureau, and in that regard and in accordance with law, employ, fix the compensation of and discharge all persons necessary for the proper execution of the public health laws of this state and the efficient and proper discharge of the duties imposed upon, and execution of powers vested in the Commissioner by law and as directed by the Secretary;
(b) To enforce all laws of this state concerning public health; to that end, the Commissioner shall make, or cause to be made, investigations and inquiries respecting the cause of disease, especially of epidemics and endemic conditions, and the means of prevention, suppression or control of those conditions; the source of sickness and mortality, and the effects of environment, employment, habits and circumstances of life on the public health.
The Commissioner shall further make, or cause to be made, inspections and examinations of food, drink and drugs offered for sale or public consumption in the manner the Commissioner considers necessary to protect the public health and shall report all violations of laws and rules relating to the law to the prosecuting attorney of the county in which the violations occur;
(c) To make complaint or cause proceedings to be instituted against any person, corporation or other entity for the violation of any public health law before any court or agency, without being required to give security for costs; the action may be taken without the sanction of the prosecuting attorney of the county in which the proceedings are instituted or to which the proceedings relate;
(d) To promote the provision of essential public health services to citizens of this state;
(e) To monitor the administration, operation and coordination of the local boards of health and local health officers;
(f) To develop and maintain a state plan of operation that sets forth the needs of the state in the areas of public health; goals and objectives for meeting those needs; methods for achieving the stated goals and objectives; and needed personnel, funds and authority for achieving the goals and objectives;
(g) To collect data as may be required to foster knowledge on the citizenry's health status, the health system and costs of health care;
(h) To delegate to any appointee, assistant or employee any and all powers and duties vested in the Commissioner, including, but not limited to, the power to execute contracts and agreements in the name of the Bureau: Provided, That the Commissioner is responsible for the acts of his or her appointees, assistants and employees;
(i) To transfer at the direction of the Secretary, notwithstanding other provisions of this code, any patient or resident between hospitals and facilities under the control of the Commissioner and, by agreement with the State Commissioner of Corrections and otherwise in accord with law, accept a transfer of a resident of a facility under the jurisdiction of the State Commissioner of Corrections;
(j) To make periodic reports to the Governor and to the Legislature relative to specific subject areas of public health, the state facilities under the supervision of the Commissioner, or other matters affecting the public health of the people of the state, at the direction of the Secretary;
(k) At the direction of the Secretary, to accept and use for the benefit of the health of the people of this state, any gift or devise of any property or thing which is lawfully given: Provided, That if any gift is for a specific purpose or for a particular state hospital or facility it shall be used as specified. Any profit which may arise from any gift or devise of any property or thing shall be deposited in a Special Revenue Fund with the State Treasurer and shall be used only as specified by the donor or donors;
(l) To acquire by condemnation or otherwise any interest, right, privilege, land or improvement and hold title to the land or improvement, for the use or benefit of the state or a state hospital or facility and, by and with the consent of the Governor, and at the direction of the Secretary, to sell, exchange or otherwise convey any interest, right, privilege, land or improvement acquired or held by the state, state hospital or state facility and deposit the proceeds from the sale, exchange or other conveyance into the hospital services revenue account. Any condemnation proceedings shall be conducted pursuant to chapter fifty-four of this code;
(m) To inspect and enforce rules to control the sanitary conditions of and license all institutions and health care facilities as set forth in this chapter, including, but not limited to, schools, whether public or private, public conveyances, dairies, slaughterhouses, workshops, factories, labor camps, places of entertainment, hotels, motels, tourist camps, all other places open to the general public and inviting public patronage or public assembly, or tendering to the public any item for human consumption and places where trades or industries are conducted;
(n) To make inspections, conduct hearings, and to enforce the legislative rules concerning occupational and industrial health hazards, the sanitary condition of streams, sources of water supply, sewerage facilities, and plumbing systems, and the qualifications of personnel connected with the supplies, facilities or systems without regard to whether they are publicly or privately owned; and to make inspections, conduct hearings and enforce the legislative rules concerning the design of chlorination and filtration facilities and swimming pools;
(o) To provide in accordance with this subdivision and the definitions and other provisions of article one-a, chapter twenty-seven of this code, and as directed by the Secretary, for a comprehensive program for the care, treatment and rehabilitation of alcoholics and drug abusers; for research into the cause and prevention of alcoholism and drug abuse; for the training and employment of personnel to provide the requisite rehabilitation of alcoholics and drug abusers; and for the education of the public concerning alcoholism and drug abuse;
(p) To provide in accordance with this subdivision for a program for the care, treatment and rehabilitation of the parents of sudden infant death syndrome victims; for the training and employment of personnel to provide the requisite rehabilitation of parents of sudden infant death syndrome victims; for the education of the public concerning sudden infant death syndrome; for the responsibility of reporting to the Legislature on a quarterly basis the incidence of sudden infant death syndrome cases occurring in West Virginia; for the education of police, employees and volunteers of all emergency services concerning sudden infant death syndrome; for the State Sudden Infant Death Syndrome Advisory Council to develop regional family support groups to provide peer support to families of sudden infant death syndrome victims; and for requesting appropriation of funds in both federal and state budgets to fund the sudden infant death syndrome program;
(q) To establish and maintain a state hygienic laboratory as an aid in performing the duties imposed upon the Commissioner, and to employ chemists, bacteriologists, and other employees that may be necessary to properly operate the laboratory. The Commissioner may establish branches of the state laboratory at any points within the state that are necessary in the interest of the public health;
(r) To establish and fund a uniform health professionals data system to collect and maintain uniform data on all health professionals in the state. This data shall include, but not be limited to, the following information about each health professional: His or her name, profession, the area of the state where he or she is practicing, his or her educational background, his or her employer's name, and number of years practicing within the profession. The boards provided for in articles three, four, four-a, five, seven, seven-a, fourteen, fourteen-a, fifteen, sixteen, twenty, twenty-one, twenty-three, twenty-eight, thirty-one, thirty-two, thirty-four, thirty-five, thirty-six and thirty-seven, chapter thirty of this code shall annually collect the data on health professionals under their jurisdiction in the format prescribed by the Commissioner. Each board shall pay to the Bureau annually, an amount determined by the Commissioner to be a pro rata portion, for anticipated expenses to establish and operate the uniform health professionals data system required by this section. The Commissioner may standardize data collection methods if necessary to implement the provisions of this section. The Commissioner shall publish annually and make available, upon request, a report setting forth the data which was collected the previous year; areas of the state which the collected data indicates have a shortage of health professionals; and projections, based upon the collected data, as to the need for more health professionals in certain areas;
(s) To expend, for the purpose of performing the public health duties imposed on the Bureau, or authorized by law, any sums appropriated by the Legislature. The Commissioner may make advance payments to public and nonprofit health services providers when the Commissioner determines it is necessary for the initiation or continuation of public health services. The advance payments, being in derogation of the principle of payment only after receipt of goods or services, shall be authorized only after serious consideration by the Commissioner of the necessity of the advance payments and shall be for a period no greater than ninety days in advance of rendition of service or receipt of goods and continuation of health services; and
(t) To exercise all other powers delegated to the Commissioner by the Secretary or by this chapter or otherwise in this code, to enforce all health laws, and to pursue all other activities necessary and incident to the authority and area of concern entrusted to the Bureau or the Commissioner; and
(u) To propose rules for legislative approval, pursuant to section five, article three, chapter twenty-nine-a of this code, to establish standards for inspections conducted by local boards of health for inspections of elementary and secondary schools as required by section eleven, article two of this chapter
.
ARTICLE 2. LOCAL BOARDS OF HEALTH.
§16-2-11. Local board of health; powers and duties.

(a) Each local board of health created, established and operated pursuant to the provisions of this article shall:
(1) Provide the following basic public health services and programs in accordance with state public health performance-based standards:
(i) Community health promotion including assessing and reporting community health needs to improve health status, facilitating community partnerships including identifying the community's priority health needs, mobilization of a community around identified priorities and monitoring the progress of community health education services;
(ii) Environmental health protection including the promoting and maintaining of clean and safe air, water, food and facilities and the administering of public health laws as specified by the Commissioner as to general sanitation, the sanitation of public drinking water, sewage and wastewater, food and milk, and the sanitation of housing, institutions, and recreation; and
(iii) Communicable or reportable disease prevention and control including disease surveillance, case investigation and follow-up, outbreak investigation, response to epidemics, and prevention and control of rabies, sexually transmitted diseases, vaccine preventable diseases, HIV/AIDS, tuberculosis and other communicable and reportable diseases;
(2) Appoint a local health officer to serve at the will and pleasure of the local board of health with approval of the Commissioner;
(3) Submit a general plan of operation to the Commissioner for approval, if it receives any state or federal money for health purposes. This program plan shall be submitted annually and comply with provisions of the local board of health standards administrative rule;
(4) Provide equipment and facilities for the local health department that are in compliance with federal and state law;
(5) Permit the Commissioner to act by and through it, as needed. The Commissioner may enforce all public health laws of this state, the rules and orders of the Secretary, any county commission orders or municipal ordinances of the board's service area relating to public health, and the rules and orders of the local board within the service area of a local board. The Commissioner may enforce these laws, rules and orders when, in the opinion of the Commissioner, a public health emergency exists or when the local board fails or refuses to enforce public health laws and rules necessary to prevent and control the spread of a communicable or reportable disease dangerous to the public health. The expenses incurred shall be charged against the counties or municipalities concerned;
(6) Deposit all moneys and collected fees into an account designated for local board of health purposes. The moneys for a municipal board of health shall be deposited with the municipal treasury in the service area. The moneys for a county board of health shall be deposited with the county treasury in the service area. The moneys for a combined local board of health shall be deposited in an account as designated in the plan of combination: Provided, That nothing contained in this subsection is intended to conflict with the provisions of article one, chapter sixteen of this code;
(7) Submit vouchers or other instruments approved by the board and signed by the local health officer or designated representative to the county or municipal treasurer for payment of necessary and reasonable expenditures from the county or municipal public health funds: Provided, That a combined local board of health shall draw upon its public health funds account in the manner designated in the plan of combination;
(8) Participate in audits, be in compliance with tax procedures required by the state and annually develop a budget for the next fiscal year;
(9) Perform public health duties assigned by order of a county commission or by municipal ordinance consistent with state public health laws; and
(10) Enforce the public health laws of this state and any other laws of this state applicable to the local board; and
(11) Inspect all areas of all elementary and secondary schools for health and sanitary conditions within its service area twice a school year, and to report the board's findings each time to the principal, school board president and the county superintendent: Provided, That if a serious or ongoing health issue continues to exist, then board may send the report to the Commissioner of the Bureau for Public Health.
(b) Each local board of health created, established and operated pursuant to the provisions of this article may:
(1) Provide primary care services, clinical and categorical programs, and enhanced public health services;
(2) Employ or contract with any technical, administrative, clerical or other persons, to serve as needed and at the will and pleasure of the local board of health. Staff and any contractors providing services to the board shall comply with applicable West Virginia certification and licensure requirements. Eligible staff employed by the board shall be covered by the rules of the Division of personnel under section six, article ten, chapter twenty-nine of this code. However, any local board of health may, in the alternative and with the consent and approval of the appointing authority, establish and adopt a merit system for its eligible employees. The merit system may be similar to the state merit system and may be established by the local board by its order, subject to the approval of the appointing authority, adopting and making applicable to the local health department all, or any portion of any order, rule, standard, or compensation rate in effect in the state merit system as may be desired and as is properly applicable;
(3) Adopt and promulgate and from time to time amend rules consistent with state public health laws and the rules of the West Virginia State Department of Health and Human Resources, that are necessary and proper for the protection of the general health of the service area and the prevention of the introduction, propagation and spread of disease. All rules shall be filed with the clerk of the county commission or the clerk or the recorder of the municipality or both and shall be kept by the clerk or recording officer in a separate book as public records;
(4) Accept, receive and receipt for money or property from any federal, state or local governmental agency, from any other public source or from any private source, to be used for public health purposes or for the establishment or construction of public health facilities;
(5) Assess, charge and collect fees for permits and licenses for the provision of public health services: Provided, That permits and licenses required for agricultural activities may not be assessed, charged or collected: Provided, however, That a local board of health may assess, charge and collect all of the expenses of inspection of the physical plant and facilities of any distributor, producer or pasteurizer of milk whose milk distribution, production or pasteurization facilities are located outside this state but who sells or distributes in the state, or transports, causes or permits to be transported into this state, milk or milk products for resale, use or consumption in the state and in the service area of the local board of health. A local board of health may not assess, charge and collect the expenses of inspection if the physical plant and facilities are regularly inspected by another agency of this state or its governmental subdivisions or by an agency of another state or its governmental subdivisions certified as an approved inspection agency by the Commissioner. No more than one local board of health may act as the regular inspection agency of the physical plant and facilities; when two or more include an inspection of the physical plant and facilities in a regular schedule, the Commissioner shall designate one as the regular inspection agency;
(6) Assess, charge and collect fees for services provided by the local health department: Provided, That fees for services shall be submitted to and approved by the Commissioner;
(7) Contract for payment with any municipality, county or board of education for the provision of local health services or for the use of public health facilities. Any contract shall be in writing and permit provision of services or use of facilities for a period not to exceed one fiscal year. The written contract may include provisions for annual renewal by agreement of the parties; and
(8) Retain and make available child safety car seats, collect rental and security deposit fees for the expenses of retaining and making available child safety car seats, and conduct public education activities concerning the use and preventing the misuse of child safety car seats: Provided, That this subsection is not intended to conflict with the provisions of section forty-six, article fifteen, chapter seventeen-c of this code: Provided, however, That any local board of health offering a child safety car seat program or employee or agent of a local board of health is immune from civil or criminal liability in any action relating to the improper use, malfunction or inadequate maintenance of the child safety car seat and in any action relating to the improper placement, maintenance or securing of a child in a child safety car seat.
(c) The local boards of health are charged with protecting the health and safety, as well as promoting the interests of the citizens of West Virginia. All state funds appropriated by the Legislature for the benefit of local boards of health shall be used for provision of basic public health services.


NOTE: The purpose of this bill is to authorize local boards of health to conduct inspections twice a year for health and sanitary conditions of all elementary and secondary schools; to report these findings to the principal, school board president and the county superintendent and if a serious, ongoing health issues continues to exist, then the local board of health may send its report to the Commissioner of the Bureau of Public Health; and to authorize the Commissioner of the Bureau of Public Health to promulgate rules to establish standards for these inspections.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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