H. B. 2463
(By Mr. Speaker, Mr. Kiss, By Request)
[Introduced March 10, 1997; referred to the
Committee on Government Organization then Finance.]
A BILL to amend and reenact section six, article four-c, chapter
sixteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to requiring the
commissioner of health to provide emergency medical services
personnel with immunizations against hepatitis-B and other
blood borne pathogens; notification and recording
requirements.
Be it enacted by the Legislature of West Virginia:
That section six, article four-c, chapter sixteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 4C. EMERGENCY MEDICAL SERVICES ACT.
§16-4C-6. Powers and duties of commissioner.
The commissioner shall have the following powers and duties:
(a) In accordance with chapter twenty-nine-a of this code, to
propose rules regarding the age, training, retraining, testing,
certification and recertification of emergency medical service
personnel: Provided, That the commissioner may not propose any
rule required by the provisions of this article until it has been
submitted for review to the emergency medical services advisory
council and this council has had at least thirty days to review
such the proposed rule. The council may take no action unless a
quorum is present;
(b) To apply for, receive and expend advances, grants,
contributions and other forms of assistance from the state or
federal government or from any private or public agencies or
foundations to carry out the provisions of this article;
(c) To design, develop and annually review a statewide
emergency medical services implementation plan. The plan shall
recommend aid and assistance and all other acts necessary to
carry out the purposes of this article:
(1) To encourage local participation by area, county and
community officials and regional emergency medical services
boards of directors; and
(2) To develop a system for monitoring and evaluating
emergency medical services programs throughout the state;
(d) To provide professional and technical assistance and to make information available to regional emergency medical services
boards of directors and other potential applicants or program
sponsors of emergency medical services for purposes of developing
and maintaining a statewide system of services;
(e) To assist local government agencies, regional emergency
medical services boards of directors and other public or private
entities in obtaining federal, state or other available funds and
services;
(f) To cooperate and work with federal, state and local
governmental agencies, private organizations and other entities
as may be necessary to carry out the purposes of this article;
(g) To acquire in the name of the state by grant, purchase,
gift, devise or any other methods appropriate real and personal
property as may be reasonable and necessary to carry out the
purposes of this article;
(h) To make grants and allocations of funds and property so
acquired or which may have been appropriated to the agency to
other agencies of state and local government as may be
appropriate to carry out the purposes of this article;
(i) To expend and distribute by grant or bailment funds and
property to all state and local agencies for the purpose of
performing the duties and responsibilities of the agency all
funds which it may have so acquired or which may have been appropriated by the Legislature of this state;
(j) To develop a program to inform the public concerning
emergency medical services;
(k) To review and disseminate information regarding federal
grant assistance relating to emergency medical services;
(l) To prepare and submit to the governor and Legislature
recommendations for legislation in the area of emergency medical
services;
(m) To review, make recommendations for and assist in all
projects and programs that provide for emergency medical services
whether or not the projects or programs are funded through the
office of emergency medical services. A review and approval
shall be required for all emergency medical services projects,
programs or services for which application is made to receive
state or federal funds for their operation after the effective
date of this act; and
(n) To take all necessary and appropriate action to encourage
and foster the cooperation of all emergency medical service
providers and facilities within this state; and
(o) To provide emergency medical services personnel with
immunizations against hepatitis-B and other blood borne
pathogens, administered by local departments of health at no
cost, with notification and recording of the immunizations by local departments of health as set forth in section three,
article two-a of this chapter.
Nothing in this article may be construed to allow the
commissioner to dissolve, invalidate or eliminate any existing
emergency medical service program or ambulance providers in
service at the time of adoption of the amendment to this article
in the regular session of the Legislature in the year one
thousand nine hundred eighty-four, or to deny them fair access to
federal and state funding, medical facilities and training
programs.
NOTE: The purpose of this bill is to require the commissioner
of health to provide emergency medical services personnel with
immunizations against hepatitis-B and other blood borne pathogens
at no cost through the local departments of health.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that
would be added.