COMMITTEE SUBSTITUTE
FOR
H.B. 4198
(By Delegates Douglas, Compton, J. Martin,
Fleischauer and Petersen)
(Originating in the House Committee on Finance)
[February 27, 1996]
A Bill to amend chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article five-m, relating to
public health; creating the "Osteoporosis Prevention Education
Act"; providing a short title; providing for the establishment
of an osteoporosis prevention and treatment education program
and the components thereof; and requiring the bureau of public
health to establish strategies to promote and maintain an
osteoporosis prevention education program; establishing an
interagency council on osteoporosis; appointing
representatives; and establishing the duties of the council.
Be it enacted by the Legislature of West Virginia:
That chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by adding
thereto a new article, designated article five-m, to read as
follows:
"ARTICLE 5M. OSTEOPOROSIS PREVENTION EDUCATION ACT.
§16-5M-1. Short title.
This article may be known and cited as the "West Virginia
Osteoporosis Prevention Education Act."
§16-5M-2. Responsibilities of bureau of public health.
(a) The bureau of public health shall establish strategies to
promote and maintain an osteoporosis prevention education program
in order to raise public awareness, educate consumers and educate
and train health professionals, teachers and human service
providers, to include the following components:
(1) The bureau shall develop strategies for raising public
awareness of the causes and nature of osteoporosis, personal risk
factors, value of prevention and early detection and options for
diagnosing and treating the disease that include, but are not
limited to, the following:
(A) Community forums;
(B) Health information and risk factor assessment at public
events;
(C) Targeting at-risk populations;
(D) Providing reliable information to policymakers; and
(E) Distributing information through county health departments,
schools, area agencies on aging, employer wellness programs,
physicians, hospitals and health maintenance organizations, women's
groups, nonprofit organizations, community-based organizations and
departmental offices;
(2) The bureau shall develop strategies for educating consumers
about risk factors, diet and exercise, diagnostic procedures andtheir indications for use, risks and benefits of drug therapies
currently approved by the United States Food and Drug
Administration, environmental safety and injury prevention and the
availability of self-help diagnostic, treatment and rehabilitation
services;
(3) The bureau may develop strategies for educating
physicians and health professionals and training community service
providers on the most up-to-date, accurate scientific and medical
information on osteoporosis prevention, diagnosis and treatment,
therapeutic decision-making, including guidelines for detecting and
treating the disease in special populations, risks and benefits of
medications and research advances;
(4) The bureau may conduct a needs assessment to identify:
(A) Research being conducted within the state;
(B) Available up-to-date technical assistance and educational
materials and programs nationwide;
(C) The level of public and professional awareness about
osteoporosis;
(D) The needs of osteoporosis patients, their families and
caregivers;
(E) The needs of health care providers, including physicians,
nurses, managed care organizations and other health care providers;
(F) The services available to the osteoporosis patient;
(G) Existence of osteoporosis treatment programs;
(H) Existence of osteoporosis support groups;
(I) Existence of rehabilitation services; and
(J) Number and location of bone density testing equipment; and
(5) The bureau may replicate and use successful osteoporosis
programs and enter into contracts and purchase materials or
services from organizations with appropriate expertise and
knowledge of osteoporosis for such services and materials.
(b) Based on the needs assessment conducted pursuant to this
section, the bureau may develop and maintain a resource guide to
include osteoporosis related services. This guide shall include a
description of diagnostic testing procedures, appropriate
indications for their use, drug therapies currently approved by the
United States Food and Drug Administration, and a cautionary
statement about the current status of osteoporosis research,
prevention and treatment. Such a statement shall also indicate
that the bureau does not license, certify, or in any way approve
osteoporosis programs or centers in the state.
(c) The bureau may promulgate rules in accordance with the
provisions of chapter twenty-nine-a of this code necessary to
implement the provisions of this article.
(d) Nothing in this article may be construed or interpreted
to mean that osteoporosis treatment or osteoporosis education are
required to be provided by the bureau or the council created in
section four of this article. Nothing contained in this article
may be construed to mandate funding for osteoporosis education or
any of the programs contained in this article or to require any
appropriation by the legislature.
§16-5M-3. Interagency council on osteoporosis.
(a) There is hereby established the interagency council on
osteoporosis. The director of public health shall chair the
council. The council shall have representatives from appropriate
state departments and agencies including, but not limited to, the
entities with responsibility for aging, health care reform
implementation, education, public welfare and women's programs.
(b) The council shall:
(1) Coordinate osteoporosis programs conducted by or through
the department;
(2) Establish a mechanism for sharing information on
osteoporosis among all officials and employees involved in carrying
out osteoporosis-related programs;
(3) Review and coordinate the most promising areas of
education, prevention and treatment concerning osteoporosis;
(4) Assist the department and other offices in developing and
coordinating plans for education and health promotion on
osteoporosis;
(5) Establish mechanisms to use the results of research
concerning osteoporosis in the development of relevant policies and
programs; and
(6) Prepare a report that describes educational initiatives
on osteoporosis and transmit the report to the Legislature and the
governor and make the report available to the public.
(c) The council shall establish and coordinate the advisory
panel on osteoporosis which will provide nongovernmental input
regarding the program. Membership shall include, but is notlimited to, persons with osteoporosis, public health educators,
osteoporosis experts, providers of osteoporosis health care,
persons knowledgeable in health promotion and education and
representatives of national osteoporosis organizations or their
state and regional affiliates.