Senate Bill No. 303
(By Senators Ross, Anderson,
Bowman, Macnaughtan
,
Boley and Buckalew)
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[Introduced January 30, 1998; referred to the
Committee on Health and Human Resources;
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 a legislative rule relating to clinical
laboratory technician and technologist licensure and certification.
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 first day of October August, one thousand
nine hundred ninety-five ninety-seven, under the
authority of section ten, article five-j, chapter sixteen
of this code, modified by the director of the department
division of health to meet the objections of the
legislative rule-making review committee and refiled in
the state register on the thirty-first twenty-third day
of October January, one thousand nine hundred ninety-six
ninety-eight, relating to the department division 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.'"
NOTE: The purpose of this bill is to authorize the
Division of Health to promulgate a legislative rule
relating to Clinical Laboratory Technician and
Techniologist Licensure and Certification
.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates
new language that would be added.