Senate Bill No. 185

(By Senators Ross, Anderson, Boley,

Buckalew, Grubb and Macnaughtan)

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[Introduced January 29, 1996; referred to the

Committee on Health and Human Resources;

and then to the Committee on Finance;

and then to the Committee on the Judiciary.]

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A BILL to amend and reenact section one, article five, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the division of health to promulgate legislative rules relating to AIDS- related medical testing and confidentiality.

Be it enacted by the Legislature of West Virginia:

That section one, article five, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, to read as follows:
ARTICLE 5. AUTHORIZATION FOR DEPARTMENT OF HEALTH AND HUMAN RESOURCES TO PROMULGATE LEGISLATIVE RULES.
ยง64-5-1. State board of health; division of health.

(a) The legislative rules filed in the state register on the fifteenth day of August, one thousand nine hundred ninety-four, authorized under the authority of section seven, article one, chapter sixteen, of this code, 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 twentieth day of October, one thousand nine hundred ninety-four, relating to the division of health (wastewater treatment works and operators, 64 CSR 5), are authorized.
(b) The legislative rules filed in the state register on the fourth day of August, one thousand nine hundred ninety-five, authorized under the authority of section eight, article three-c, chapter sixteen, of this code, 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-third day of January, one thousand nine hundred ninety-six, relating to the division of health (AIDS- related medical testing and confidentiality, 64 CSR 64), are authorized.

NOTE: The purpose of this bill is to authorize the Division of Health to promulgate legislative rules relating to AIDS-related medical testing and confidentiality.

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