H. B. 4170
(By Delegates Hunt, Linch, Compton, Jenkins,
Faircloth and Riggs)
[Introduced January 30, 1998; referred to the
Committee on the Judiciary.]
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 a
legislative rule relating to sewage systems.
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.
§64-5-1. State board of health; division of health.
(a) The legislative rule filed in the state register
on the eighth day of November, one thousand nine hundred
ninety-six, authorized under the authority of section five,
article five-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-seventh day of February, one
thousand nine hundred ninety-seven, relating to the
division of health (nursing home licensure, 64 CSR 13), is
authorized.
(b) The legislative rule filed in the state register
on the thirtieth day of August, one thousand nine hundred
ninety-six, 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 twenty-sixth day of February, one
thousand nine hundred ninety-seven, relating to the
division of health (child care centers, 64 CSR 21), is
authorized.
(c) The legislative rule filed in the state register
on the thirtieth day of August, one thousand nine hundred ninety-six, authorized under the authority of section
twenty-three, article four-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-eighth day of February,
one thousand nine hundred ninety-seven, relating to the
division of health (emergency medical services, 64 CSR 48),
is authorized.
(d) The legislative rule filed in the state register
on the twenty-seventh day of November, one thousand nine
hundred ninety-five, authorized under the authority of
section five, article five-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-sixth day of February,
one thousand nine hundred ninety-seven, relating to the
division of health (residential board and care homes, 64
CSR 65), is authorized.
(e) The legislative rule filed in the state register
on the fifth day of October, one thousand nine hundred
ninety-five, under the authority of section ten, article
five-j, chapter sixteen of this code, 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 thirty-first day of October,
one thousand nine hundred ninety-six, relating to the
department of health (clinical laboratory technician and
technologist licensure and certification, 64 CSR 57), is
authorized until July 1, 1998: Provided, That the director
of the department of health review, revise and propose,
within the statutory deadline and in accordance with the
provisions of article three, chapter twenty-nine-a of this
code, a rule for legislative consideration during the
legislative session of one thousand nine hundred ninety- eight with the following amendments:
"On page one, subsection 2.2.2, following the semi- colon, by striking the word 'or';
On page one, by inserting a new 2.2.3, to read as
follows: '2.2.3. Any respiratory care provider licensed
within the state providing diagnostic testing within the
scope of his or her professional license who performs
moderate complexity testing as defined by CLIA, pursuant to
42 CFR 493.17; or';
'On pages one and two, by renumbering the subsequent subdivision,.'"
And,
"On page 6, subsection 7.2, after the word
'Personnel', by striking the period and inserting in lieu
thereof the following: 'or by the International Society
for Clinical Laboratory Technology.'"
(f) The legislative rule filed in the state register
on the fourth day of June, one thousand nine hundred
ninety-seven, 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 sixteenth day of December, one
thousand nine hundred ninety-seven, relating to the
division of health (sewage systems, 64 CSR 9), is
authorized.
NOTE: The purpose of this bill is to authorize the
Division of Health to promulgate a legislative rule
relating to Sewage Systems.
Strike-throughs indicate language that would be
stricken from the present law, and underscoring indicates
new language that would be added.