Senate Bill No. 1006
(By Senators Burdette, Mr. President, and Boley
By Request of the Executive)
____________
[Introduced March 14, 1994;
referred to the Committee on the Judiciary.]
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A BILL to amend and reenact sections one, two and eight, article
five, chapter sixty-four of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; and to further
amend said article by adding thereto a new section,
designated section nine, all relating generally to the
promulgation of administrative rules and regulations by the
governmental agencies within the department of health and
human resources; authorizing certain agencies to promulgate
certain legislative rules with various modifications
presented to and recommended by the legislative rule-making
review committee; authorizing certain 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 department of health and human resources to
promulgate legislative rules relating to public water
systems, as modified; authorizing the department of health
and human resources to promulgate legislative rules relating
to distribution of state aid funds to local boards of
health, as modified; authorizing the department of health
and human resources to promulgate legislative rules relating
to hospital licensure, as modified and amended; authorizing
the division of health to promulgate legislative rules
relating to cancer registry, as modified; authorizing the
human rights commission to promulgate legislative rules
relating to the discrimination against individuals with
disabilities, as modified; and authorizing the commission on
aging to promulgate legislative rules relating to West
Virginia long-term care ombudsman program, as modified.
Be it enacted by the Legislature of West Virginia:
That sections one, two and eight, article five, chapter
sixty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted; and
that said article be further amended by adding thereto a new
section, designated section nine, all to read as follows:
ARTICLE 5. AUTHORIZATION FOR DEPARTMENT OF HEALTH AND HUMAN
RESOURCES TO PROMULGATE LEGISLATIVE RULES.
§64-5-1. Department of health and human resources.
(a) The legislative rules filed in the state register on the
twenty-second day of January, one thousand nine hundred ninety,
modified by the secretary of the department of health and human
resources to meet the objections of the legislative rule-makingreview committee and refiled in the state register on the twenty-
fifth day of January, one thousand nine hundred ninety, relating
to the secretary of the department of health and human resources
(implementation of omnibus health care act), are authorized.
(b) The legislative rules filed in the state register on the
twenty-second day of January, one thousand nine hundred ninety,
modified by the secretary of the department of health and human
resources to meet the objections of the legislative rule-making
review committee and refiled in the state register on the twenty-
fifth day of January, one thousand nine hundred ninety, relating
to the secretary of the department of health and human resources
(implementation of omnibus health care act payment provisions),
are authorized.
(c) The legislative rules filed in the state register on the
twentieth day of March, one thousand nine hundred ninety-two,
modified by the department of health and human resources to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the seventeenth day of
November, one thousand nine hundred ninety-two, relating to the
department of health and human resources (infectious medical
waste), are authorized with the amendments set forth below:
"On page seventeen, subsection 8.2, by after the words '(45)
days.' by inserting the following language: 'Facilities that
treat infectious medical waste on-site shall not store the
infectious medical waste more than thirty (30) days.';
On page twenty-one, subdivision 10.1.2., by after the words'disposed of' striking out the words 'as solid waste' and
inserting in lieu thereof the words 'in the same manner as ash
from solid waste incineration and as provided in subdivision
10.2.5. of this rule.';
On page twenty-six, subsection 11.7., by after the words
'permit to' inserting the words 'own, operate and';
On page twenty-six, subsection 11.7., by striking out the
word 'publish' and inserting in lieu thereof the words 'announce
the public hearing required by subsection 11.9. of this rule by
publishing';
On page twenty-six, by further amending subsection 11.7. by
adding thereto a new subdivision, designated subdivision
11.7.1.4. to read as follows: 'The announcement of the date,
time and place where the hearing is to be conducted, shall be
made at least fourteen (14) but not more than forty-five (45)
days prior to the hearing;
And,
On page twenty-six, subsection 11.9, by after the words
'proposing to' inserting the words 'own, construct and'.
(d) The legislative rules filed in the state register on the
third day of September, one thousand nine hundred ninety-two,
modified by the department of health and human resources to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the twenty-seventh day of
January one thousand nine hundred ninety-three, relating to the
department of health and human resources (residential board andcare homes), are authorized.
(e) The legislative rules filed in the state register on the
third day of May, one thousand nine hundred ninety-three,
modified by the department of health and human resources to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the eighth day of July, one
thousand nine hundred ninety-three, relating to the department of
health and human resources (public water systems), are
authorized.
(f) The legislative rules filed in the state register on the
ninth day of September, one thousand nine hundred ninety-three,
modified by the department of health and human resources to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the twenty-fourth day of
January, one thousand nine hundred ninety-four, relating to the
department of health and human resources (distribution of state
aid funds to local boards of health), are authorized.
(g) The legislative rules filed in the state register on the
seventh day of January, one thousand nine hundred ninety-four,
modified by the department of health and human resources to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the twenty-fourth day of
January, one thousand nine hundred ninety-four, relating to the
department of health and human resources (hospital licensure),
are authorized with the amendments set forth below:
"On page 4, section 3.20, by striking out all of section3.20 and inserting in lieu thereof the following: "Section 6a
Hospital -- A nonprofit hospital, as identified in W. Va. Code
§16-5-B-6a, whether governed by an in-state or out-of-state board
of directors, or a hospital owned by a county, city or other
political subdivision of the State of West Virginia, except for
existing nonprofit hospitals which are owned or operated by a
corporation which was incorporated in another state prior to
March 9, 1983: Provided, however, this definition does not
include the corporation defined in W. Va. Code §18-11C-1(d) and";
On page 16, section 8.3.2. by striking the coma after the
word "safety" and inserting in lieu thereof the word "or";
On page 16, section 8.3.2. after the word "et seq.," by
striking out the words "or involves a cost in excess of two
hundred thousand dollars ($200,000)".
On page seventeen, section 8.4.2. by striking the coma after
the word "safety" and inserting in lieu thereof the word "or";
On page seventeen, section 8.4.2. after the word "et seq.,"
by striking out the words "or involves a cost in excess of two
hundred thousand dollars ($200,000)"."
§64-5-2. State board of health; division of health.
(a) The legislative rules filed in the state register on the
second day of June, one thousand nine hundred eighty-two,
relating to the state board of health (waste water treatment
works operations), are authorized.
(b) The legislative rules filed in the state register on the
second day of June, one thousand nine hundred eighty-two,relating to the state board of health (laboratory reporting of
syphilis and gonorrhea), are authorized.
(c) The legislative rules filed in the state register on the
second day of June, one thousand nine hundred eighty-two,
relating to the state board of health (public water supply
operators) with the modification of §11.02 as presented to the
legislative rule-making review committee on the ninth day of
November, one thousand nine hundred eighty-two, are authorized.
(d) The legislative rules filed in the state register on the
twenty-second day of October, one thousand nine hundred eighty-
two, relating to the state board of health (sewage systems) with
the modification presented to the legislative rule-making review
committee on the sixth day of December, one thousand nine hundred
eighty-two, are authorized except lines ten through seventeen,
page eight of the rules shall be stricken in their entirety and
the remaining paragraphs renumbered.
(e) The legislative rules filed in the state register on the
second day of June, one thousand nine hundred eighty-two,
relating to the state board of health (approval of laboratories),
are authorized.
(f) The legislative rules filed in the state register on the
twenty-fourth day of November, one thousand nine hundred eighty-
two, relating to the state board of health (permit fees), are
authorized.
(g) The legislative rules filed in the state register on the
third day of June, one thousand nine hundred eighty-two, relatingto the state board of health (certificate of need), are
authorized.
(h) The legislative rules filed in the state register on the
sixteenth day of August, one thousand nine hundred eighty-two,
relating to the state board of health (eyes of newborn children),
are authorized.
(i) The legislative rules filed in the state register on the
thirteenth day of August, one thousand nine hundred eighty-two,
and filed with amendments on the eleventh day of January, one
thousand nine hundred eighty-three, relating to the state board
of health (nursing home licensure), are authorized with the
amendment of §5.15.02 of those rules as set forth below:
By striking the word "and" at the end of subdivision (f), by
changing the period at the end of subdivision (g) to a semicolon,
and by adding the following after subdivision (g): "(h) One (1)
member who represents social work services."
(j) The legislative rules filed in the state register on the
twenty-fourth day of November, one thousand nine hundred eighty-
two, relating to the state board of health (guardianship
service), are authorized with the exception of section 9.3 of
those rules which may not be promulgated.
(k) The legislative rules filed in the state register on the
third day of June, one thousand nine hundred eighty-two, relating
to the state board of health (controlled substances research
program and certification), are authorized.
(l) The legislative rules filed in the state register on thefifth day of November, one thousand nine hundred eighty-two,
relating to the state board of health (chemical test for
intoxication), are authorized.
(m) The legislative rules filed in the state register on the
nineteenth day of December, one thousand nine hundred eighty-
three, relating to the state board of health (birthing center
licensure), are authorized.
(n) The legislative rules filed in the state register on the
fourteenth day of November, one thousand nine hundred eighty-
three, relating to the state board of health (licensure of
behavioral health centers), are authorized with the amendment set
forth below:
Page 45, §12.8.2. In the first sentence delete the words
"without delay" and insert in lieu thereof the words "within
twenty-four hours after receiving a report of a complaint."
(o) The legislative rules filed in the state register on the
nineteenth day of December, one thousand nine hundred eighty-
three, relating to the state board of health (procedures for
recovery of corneal tissue for transplant), are authorized.
(p) The legislative rules filed in the state register on the
seventh day of September, one thousand nine hundred eighty-three,
relating to the state board of health (well water regulations),
are authorized with the amendments set forth below:
§4.1. In the first sentence delete the word "obtaining" and
insert in lieu thereof the words "applying for". In the second
sentence after "4.3" add "and 4.5."
§4.2. At the end of the second sentence, strike the period
and add the words "unless emergency conditions prevail as noted
under §4.3."
With the balance of §4.2 and create a new §4.3 with the
following changes: In the first sentence delete the word
"deadline" and insert in lieu thereof the word "requirements."
Add after the first sentence the sentence, "Emergency conditions
and unavoidable circumstances are those conditions involving acts
of God, water outages or disruption of water service,
unsatisfactory water quality or quantity or public health
threats." In the third sentence delete the word "exceed" and
insert in lieu thereof the words "be made in excess of."
Renumber §4.3 as §4.4 and add the following two sentences at
the end of the section: "Such standards shall constitute the
minimum standards for the installation, the alteration or the
deepening of water wells. Any plans approved by the director
pursuant to these regulations shall be in substantial compliance
with the heretofore mentioned standards."
Renumber §4.4 as §4.5, §4.5 as §4.6, §4.6 as §4.7, §4.7 as
§4.8 and §4.8 as §4.9.
And,
§5.2. Delete the words "four (4)" and insert in lieu
thereof the words "two (2)" and delete the words "active,
continuous."
(q) The legislative rules filed in the state register on the
third day of October, one thousand nine hundred eighty-four,relating to the state board of health (trauma center or facility
designation), are authorized.
(r) The legislative rules filed in the state register on the
twenty-first day of December, one thousand nine hundred eighty-
four, relating to the state board of health (reportable
diseases), are authorized.
(s) The legislative rules filed in the state register on the
twenty-first day of December, one thousand nine hundred eighty-
four, relating to the state board of health (licensure of medical
adult day care centers), are authorized.
(t) The legislative rules filed in the state register on the
third day of October, one thousand nine hundred eighty-four,
relating to the state board of health (retail food store
sanitation), are authorized.
(u) The legislative rules filed in the state register on the
seventeenth day of December, one thousand nine hundred eighty-
five, modified by the director of health to meet the objections
of the legislative rule-making review committee and refiled in
the state register on the fifteenth day of January, one thousand
nine hundred eighty-six, relating to the director of health
(adult group home licensure), are authorized.
(v) The legislative rules filed in the state register on the
twenty-ninth day of October, one thousand nine hundred eighty-
five, modified by the state board of health to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-seventh day ofDecember, one thousand nine hundred eighty-five, relating to the
state board of health (licensure of hospice care programs), are
authorized.
(w) The legislative rules filed in the state register on the
thirty-first day of October, one thousand nine hundred eighty-
five, modified by the director of health to meet the objections
of the legislative rule-making review committee and refiled in
the state register on the twenty-seventh day of December, one
thousand nine hundred eighty-five, relating to the director of
health (rules governing emergency medical services), are
authorized with the amendments set forth below:
On page 3, §3.9 shall read as follows:
"3.9 Quorum -- When applied to the EMSAC, a majority of the
members thereof, except in the instance when at any meeting of
the EMSAC, where a quorum is not present and the director causes
to be deposited in the United States mail, postage prepaid,
return receipt requested, to each member of the EMSAC within
three days, a notice calling a meeting of the EMSAC at some
convenient place in the state of West Virginia two weeks after
the meeting at which no quorum was present. Quorum means any
number of members of the EMSAC who attend such subsequent
meeting. Any member missing two consecutive meetings shall be
removed from the EMSAC."
On page 6, §4.7.1 shall be deleted in its entirety;
And,
On page 7, §4.10.1 shall read as follows:
"4.10.1 every applicant for certification as an EMSP prior
to such certification, shall demonstrate his or her knowledge and
ability by undergoing a written examination and a demonstration
of skills, and by attaining a passing score on the same. Passing
score shall be the same for all testing programs."
(x) The legislative rules filed in the state register on the
fifth day of September, one thousand nine hundred eighty-five,
relating to the state department of health (revising the list of
hazardous substances), are authorized.
(y) The legislative rules filed in the state register on the
thirteenth day of August, one thousand nine hundred eighty-six,
modified by the director of the department of health to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the sixteenth day of October,
one thousand nine hundred eighty-six, relating to the director of
the department of health (hazardous material treatment
information repository), are authorized.
(z) The legislative rules filed in the state register on the
seventeenth day of July, one thousand nine hundred eighty-six,
modified by the state board of health to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the sixteenth day of October, one thousand nine
hundred eighty-six, relating to the state board of health
(methods and standards for chemical tests for intoxication), are
authorized.
(aa) The legislative rules filed in the state register onthe twenty-first day of November, one thousand nine hundred
eighty-six, modified by the state board of health to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-third day of
December, one thousand nine hundred eighty-six, relating to the
state board of health (licensure of behavioral health centers),
are authorized.
(bb) The legislative rules filed in the state register on
the eighteenth day of April, one thousand nine hundred eighty-
six, modified by the state board of health to meet the objections
of the legislative rule-making review committee and refiled in
the state register on the seventeenth day of October, one
thousand nine hundred eighty-six, relating to the state board of
health (hospital licensure), are authorized.
(cc) The legislative rules filed in the state register on
the ninth day of December, one thousand nine hundred eighty-six,
modified by the state board of health to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twenty-third day of December, one thousand
nine hundred eighty-six, relating to the state board of health
(hospital licensure and allowing hospitals to have licensed
hospital professionals, other than licensed physicians, on their
medical staff), are authorized.
(dd) The legislative rules filed in the state register on
the ninth day of December, one thousand nine hundred eighty-six,
modified by the state board of health to meet the objections ofthe legislative rule-making review committee and refiled in the
state register on the twenty-third day of December, one thousand
nine hundred eighty-six, relating to the state board of health
(vital statistics), are authorized.
(ee) The legislative rules filed in the state register on
the eleventh day of September, one thousand nine hundred eighty-
seven, relating to the director of the department of health
(immunization criteria for transfer students), are authorized.
(ff) The legislative rules filed in the state register on
the sixteenth day of November, one thousand nine hundred eighty-
seven, relating to the director of the department of health
(hazardous substances), are authorized with the amendment set
forth below:
Page 33, section 8, line 8 (unnumbered), by adding at the
end of section 8 the following proviso: "
Provided,
That the
owner's or operator's submissions are based on the threshold
reporting requirements contained in section 5, article 31,
chapter 16."
(gg) The legislative rules filed in the state register on
the eighteenth day of November, one thousand nine hundred eighty-
seven, relating to the director of the department of health
(trauma center or facility designation), are authorized.
(hh) The legislative rules filed in the state register on
the twenty-second day of June, one thousand nine hundred eighty-
eight, modified by the state board of health to meet the
objections of the legislative rule-making review committee andrefiled in the state register on the fifteenth day of September,
one thousand nine hundred eighty-eight, relating to the state
board of health (licensure of hospice care programs), are
authorized.
(ii) The legislative rules filed in the state register on
the fifteenth day of September, one thousand nine hundred eighty-
eight, modified by the state board of health to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the third day of November, one
thousand nine hundred eighty-eight, relating to the state board
of health (water wells), are authorized with the amendment set
forth below:
On page 2, §3.8, shall read as follows:
"3.8 Water Well -- Any excavation or penetration in the
ground, whether drilled, bored, cored, driven or jetted that
enters or passes through an aquifer for purposes that may
include, but are not limited to: A water supply, exploration for
water, dewatering or heat pump wells, except that this definition
shall not include ground water monitoring activities and all
activities for the exploration, development, production, storage
and recovery of coal, oil and gas and other mineral resources
which are regulated under chapter 22, 22a or 22b of the code."
(jj) The legislative rules filed in the state register on
the twenty-second day of June, one thousand nine hundred eighty-
eight, modified by the state board of health to meet the
objections of the legislative rule-making review committee andrefiled in the state register on the fifteenth day of September,
one thousand nine hundred eighty-eight, relating to the state
board of health (plumbing requirements), are authorized.
(kk) The legislative rules filed in the state register on
the twenty-second day of June, one thousand nine hundred eighty-
eight, modified by the state board of health to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the fifteenth day of September,
one thousand nine hundred eighty-eight, relating to the state
board of health (public water supply operators), are authorized.
(ll) The legislative rules filed in the state register on
the nineteenth day of October, one thousand nine hundred eighty-
eight, modified by the state board of health to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twentieth day of December,
one thousand nine hundred eighty-eight, relating to the state
board of health (volatile synthetic organic chemicals), are
authorized.
(mm) The legislative rules filed in the state register on
the second day of January, one thousand nine hundred ninety,
modified by the division of health to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the seventeenth day of January, one thousand nine
hundred ninety, relating to the division of health (asbestos
abatement licensing), are authorized.
(nn) The legislative rules filed in the state register onthe thirtieth day of August, one thousand nine hundred eighty-
nine, modified by the division of health to meet the objections
of the legislative rule-making review committee and refiled in
the state register on the seventeenth day of November, one
thousand nine hundred eighty-nine, relating to the division of
public health (AIDS-related medical testing and confidentiality),
are authorized.
(oo) The legislative rules filed in the state register on
the nineteenth day of December, one thousand nine hundred eighty-
nine, modified by the state board of health to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-fourth day of
January, one thousand nine hundred ninety, relating to the state
board of health (nursing home licensure), are authorized.
(pp) The legislative rules filed in the state register on
the nineteenth day of December, one thousand nine hundred eighty-
nine, relating to the state board of health (licensure of
behavioral health centers), are authorized.
(qq) The legislative rules filed in the state register on
the twenty-eighth day of December, one thousand nine hundred
eighty-nine, relating to the state board of health (methods and
standards for chemical test for intoxication), are authorized.
(rr) The legislative rules filed in the state register on
the twenty-third day of July, one thousand nine hundred ninety,
modified by the board of health to meet the objections of the
legislative rule-making review committee and refiled in the stateregister on the fifth day of September, one thousand nine hundred
ninety, relating to the board of health (fees for permits), are
authorized with the amendments set forth below:
On page two, subsection 3.6, by striking out all of the
subsection and renumbering the subsequent subsections.
On page four, subsection 5.4, by striking out all of the
subsection and renumbering the subsequent subsections.
And,
On page six, Table 64-30c, by striking out Table 64-30c and
inserting in lieu thereof a new table, to read as follows:
TABLE 64-30C.
Individual On-Site and Innovative Alternative Type
Sewage System Permit Fees
Type of System Fees for Permit
Class I (New or Modified) $100
Class II (New or Modified)$100
Home Aeration Unit$100
(ss) The legislative rules filed in the state register on
the seventh day of December, one thousand nine hundred ninety,
modified by the board of health to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-second day of January, one thousand nine
hundred ninety-one, relating to the board of health (public water
systems, bottled water and laboratory certification), are
authorized.
(tt) The legislative rules filed in the state register on
the thirteenth day of December, one thousand nine hundred ninety,
modified by the board of health to meet the objections of thelegislative rule-making review committee and refiled in the state
register on the twenty-second day of January, one thousand nine
hundred ninety-one, relating to the board of health (vital
statistics), are authorized.
(uu) The legislative rules filed in the state register on
the seventh day of January, one thousand nine hundred ninety-one,
modified by the division of health to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-second day of January, one thousand nine
hundred ninety-one, relating to the division of health (fees for
services), are authorized.
(vv) The legislative rules filed in the state register on
the twenty-eighth day of December, one thousand nine hundred
ninety, modified by the division of health to meet the objections
of the legislative rule-making review committee and refiled in
the state register on the twenty-sixth day of July, one thousand
nine hundred ninety-one, relating to the division of health
(specialized health procedures), are authorized.
(ww) The legislative rules filed in the state register on
the second day of January, one thousand nine hundred ninety-one,
modified by the division of health to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the sixteenth day of May, one thousand nine hundred
ninety-one, relating to the division of health (emergency medical
services), are authorized.
(xx) The legislative rules filed in the state register onthe tenth day of September, one thousand nine hundred ninety-one,
modified by the secretary of the department of health and human
resources to meet the objections of the legislative rule-making
review committee and refiled in the state register on the third
day of January, one thousand nine hundred ninety-two, relating to
the secretary of the department of health and human resources
(retail food store sanitation), are authorized.
(yy) The Legislature hereby authorizes and directs the
division of health to promulgate the legislative rule relating to
swimming pools and bathing beaches, 64 CSR 16, effective the
fifth day of May, one thousand nine hundred eighty, with the
amendment set forth below:
On page five, section 11.3 by striking out the period
following the word "beach" and adding the following: "
Provided,
That at hotels, motels, apartment complexes, or condominiums
which have swimming pools of five feet or less in depth at the
deepest point, employment of lifeguards is recommended but not
mandatory, whether or not the establishment charges an admission
fee (gate receipt, annual pass or membership dues). If no
lifeguards are employed, the management shall post a sign in a
prominent location near the swimming pool stating "SWIM AT YOUR
OWN RISK - ALL PERSONS UNDER THE AGE OF 14 MUST BE ACCOMPANIED BY
AN ADULT."
(zz) The legislative rules filed in the state register on
the sixteenth day of September, one thousand nine hundred ninety-
two, modified by the division of health to meet the objections ofthe legislative rule-making review committee and refiled in the
state register on the seventeenth day of November, one thousand
nine hundred ninety-two, relating to the division of health
(trauma center or facility designation), are authorized.
(aaa) The legislative rules filed in the state register on
the second day of November, one thousand nine hundred ninety-two,
modified by the division of health to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the nineteenth day of February, one thousand nine
hundred ninety-three, relating to the division of health (primary
care center seed money grants), are authorized.
(bbb) The legislative rules filed in the state register on
the second day of November, one thousand nine hundred ninety-two,
modified by the division of health to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the nineteenth day of February, one thousand nine
hundred ninety-three, relating to the division of health (primary
care center uncompensated care grants), are authorized.
(ccc) The legislative rules filed in the state register on
the sixteenth day of August, one thousand nine hundred ninety-
three, modified by the division of health to meet the objections
of the legislative rule-making review committee and refiled in
the state register on the fifteenth day of October, one thousand
nine hundred ninety-three, relating to the division of health
(cancer registry), are authorized.
§64-5-8. Human rights commission.
(a) The legislative rules filed in the state register on the
tenth day of August, one thousand nine hundred ninety, modified
by the human rights commission to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twelfth day of December, one thousand nine
hundred ninety, relating to the human rights commission
(discrimination against the handicapped), are authorized.
(b) The legislative rules filed in the state register on the
twenty-second day of March, one thousand nine hundred ninety-one,
modified by the human rights commission to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the fourteenth day of August, one thousand nine
hundred ninety-one, relating to the human rights commission
(sexual harassment), are authorized.
(c) The legislative rules filed in the state register on the
twenty-second day of March, one thousand nine hundred ninety-one,
modified by the human rights commission to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the eighteenth day of November, one thousand
nine hundred ninety-one, relating to the human rights commission
(exemption of private clubs), are authorized.
(d) The legislative rules filed in the state register on the
twenty-second day of March, one thousand nine hundred ninety-one,
modified by the human rights commission to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the eighteenth day of November, one thousandnine hundred ninety-one, relating to the human rights commission
(religious discrimination), are authorized.
(e) The legislative rules filed in the state register as an
emergency rule on the twenty-second day of March, one thousand
nine hundred ninety-one, relating to the human rights commission
(waiver of rights under the human rights act), are authorized.
(f) The legislative rules filed in the state register on the
sixteenth day of August, one thousand nine hundred ninety-three,
modified by the human rights commission to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twenty-third day of December, one thousand
nine hundred ninety-three, relating to the human rights
commission (discrimination against individuals with
disabilities), are authorized.
§64-5-9. Commission on aging.
The legislative rules filed in the state register on the
seventeenth day of August, one thousand nine hundred ninety-
three, modified by the commission on aging to meet the objections
of the legislative rule-making review committee and refiled in
the state register on the fourteenth day of January, one thousand
nine hundred ninety-four, relating to the commission on aging
(West Virginia long-term care ombudsman program), are authorized.
NOTE: The purpose of this bill is to authorize certain
agencies to promulgate rules.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new languagethat would be added.