BILL SUMMARY COM SUB FOR 329
RELATING TO: Authorizing miscellaneous agencies and boards to
promulgate legislative rules
CODE REFERENCE: West Virginia Code §§64-9-1,2,3,4,5, 7, 9,14
(amended)- §64-9-20, 21, 22, 23, 24, 25, 26, 27, 28 (new)
SUMMARY:
This bill contains all the Legislative Rules of miscellaneous
agencies and boards which were authorized by the Legislature. Each
rule was introduced separately as a single bill. A committee
substitute for SB329 was created which contains all of these bills.
Each bill number by which the individual rules were introduced is
listed at the top of each rule summary.
SB271-HB 4145
Commissioner of Agriculture; Fish Processing -61CSR23A
The proposed rule modifies a current legislative rule. The
modification to the rule is necessary to make the state rule
consistent with the U.S. Food and Drug Administration requirements regarding seafood processing. In addition, a new section
pertaining to the humane slaughter of fish has been proposed. The
agency also wants to eliminate the weekly inspections conducted for
a full month at new fish processing facilities.
SB272-HB 4146
Commissioner of Agriculture; Meat and Poultry Inspection - 61CSR16
The proposed rule amends a current legislative rule. It
incorporates requirements of federal meat and poultry inspection
regulations adopted prior to June 1, 1997.
SB273-HB 4147
Board of Architects; Board Rules - 2CSR1
The proposed rule amends a current legislative rule by adding
continuing education requirements. All registered architects must obtain 12 professional development units annually in order to renew
his or her registration. At least 8 of the required 12 hours must
be in public protection subjects. Professional development units
may not be carried over from one year to the next.
SB274-HB4149
State Auditor: Transaction Fees and Rate Structure - 155CSR4
This rule is new. It effectuates the provisions of SB 563.
The rule authorizes the Auditor and Treasurer to charge a
transaction fee on all financial transfers of state agencies, and
a penalty fee to be charged to state agencies which fail to use the
state purchasing card program. These fees will be used to upgrade
the technology in the two offices, and are to be based on federal
documents establishing the appropriate fee rates.
SB275-HB4148
State Auditor: Voluntary Payroll Deductions - 155CSR3
This rule would allow the Auditors Office to promulgate a
legislative rule relating to standards for voluntary payroll
deductions. It provides that a payroll deduction may be taken from
either pay period or may be split between the two pay periods. The
bill also provides that a state agency or organization may request
a payroll deduction in a manner prescribed by the Auditor. The
rrulerule also sets forth various types of employee voluntary
deductions, including employee associations; insurance companies
offering supplemental health and life insurance; tax sheltered
deductions; and charitable organizations.
SB278-HB4152
Board of Examiners in Counseling; Licensing Rule - 27CSR1
This rule will expand the areas of study that qualify as being
related to counseling, including human growth and development;
social and cultural foundations; individual appraisal; professional
responsibilities; supervised practicum; and supervised internship.
This bill also sets standards for professional supervisors that are
in effect beginning July 1, 2001. This rule also provides that the
examination fee would be the current rate of the national
examination and an appropriate fee to administer and process the examination.
SB279-HB4153
Board of Dental Examiners; Formation and Approval of Limited
Liability Corporations - 5CSR2
The proposed rule is new. It implement the requirements of
West Virginia Code §31B-13-1 et seq. for the formation and approval
of Professional Limited Liability Companies by the Board of Dental
Examiners. Dentists who are practicing in this state may form
professional limited liability companies. The PLLC must carry one
million dollars of professional liability insurance or set aside
one million dollars in funds to satisfy any judgments which may be
rendered. Each PLLC must file with the Board at the time of
formation and annually thereafter the names of two or more members
and certify that the PLLC has the required insurance or other
acceptable surety. The initial filing fee is $200.00 and the
annual renewal fee is $150.00.
SB299-HB4165
Governors Committee on Crime, Delinquency and Correction; Basic
Training Academy, Annual In-Service and Biennial In-Service
Training Standards - 149CSR2
The proposed rule amends an existing legislative rule. The
proposed rule establishes standards for basic police training
academies, annual in-service and biennial in-service training
programs and the requirements for instructor certification. The
rule outlines the medical and physical fitness standards for entry
into a basic entry level training program. These standards are a
result of a job task analysis conducted for the Governor's
Committee on Crime, Delinquency and Correction. The rule describes
the requirements for annual and biennial in-service training,
continued and equivalent law enforcement certification and the
decertification process.
SB300-HB4166
Governors Committee on Crime, Delinquency and Correction; Protocol
for Law Enforcement Response to Domestic Violence - 149CSR3
The current rule establishes guidelines and procedures to be followed by law enforcement officers and others involved in the
police response to domestic violence calls. the suggested
modifications to the rule are primarily clean-up of the rule to
bring it into conformity with the accepted format for legislative
rules. Throughout the rule language has been added to clarify that
children are witnesses who are to be interviewed during the
investigation of a domestic violence complaint. The proposed rule
amends a current legislative rule. The following is a synopsis of
the substantive amendments.
SB306-HB4171
Human Rights Commission; Definition of Employer Under the WV Human
Rights Act - 77CSR9
This bill defines the term "employer" for the purposes of the
West Virginia Human Rights Act. The agency exceeded into statutory
authority in promulgating the rule therefore, the rule was not
authorized.
SB315-HB4179
WV Board of Medicine; Board of Medicine licensing rule - 11CSR1B
The proposed rule amends a current legislative rule. The rule
defines and clarifies the responsibilities of alternative
supervision physicians. It clarifies the when temporary licensure
may be given and the meaning of the phrase "next offered
examination". this change insures that temporary licensure of
physician assistants who have failed the nation certifying
examination is not permissible. The rule permits physician
assistants to pronounce death if it is permitted in their job
description and there is a need to do so to avoid unnecessary and
expensive alternative actions. For PA's applying for prescriptive
privileges, the rule details what may be considered the equivalent
of 4 semester hours of a course for PA's who did not have the
opportunity to obtain the course work in undergraduate or graduate
school. The Legislature amended the rule to clarify that
supervising physicians may not supervise more than two physician
assistants, unless the physician assistants are hospital employees,
then the physician may supervise up to four assistants.
SB328-HB4189
West Virginia Board of Occupational Therapy; Administrative Rules
of the Board of Occupational Therapy - 13CSR1
The rule amends a current Legislative rule to comply with the
provisions of SB 358 which required several professional licensing
boards to establish continuing education requirements as a
prerequisite to license renewal. The rule requires 12 contact
hurshours of continuing competency activities each year to be eligible
for renewal or reinstatement of a license. The proposed rule asloalso
incresesincreases the allowable compensation for Board membrsmembers from $50.00
to $100.00 per day. It was unclear whether the Board increased its
licensure fees because the fees had been non specific "not to
exceed" certiancertain amounts. This was modified in LRMRC by requiring
specific fees.
SB329-HB4190
WV Board of Examiners in Optometry; Rules for Expanded Prescriptive
Authority - 14CSR2
The rule is new. It requires that an optometrist have a
topical therapeutic certification, completed and passed an
examination in a course of clinical pharmacology and pass an
examination relating to the treatment and management of ocular
disease, in order to prescribe oral drugs. It also requires an
optometrist to have 15 hours of continuing education annually to
become recertified. The rule requires that optometrists certified
to prescribe oral drugs carry $1 million liability insurance. This
rule provides for a $200.00 administrative fee for certification
and re-certification. This rule will allow certified optometrists
to prescribe antihistamines, corticosteroidscorticosteroid, analgesics and
anxiolytics. Finally, this rule states that an optometrist may not
establish a pharmacy or sell pharmaceutical agents unless a
licensed pharmacist is on staff and present when prescriptions are
filled. An amendment was adopted by the Legislature that places
time limitations on prescription of certain drugs by optometrists.
SB331-HB4218
WV Board of Examiners of Psychologists; Fees - 17CSR1
This rule amends a current legislative rule establishing fees
for the Board of Examiners of Psychologists. Section 2.3 was
amended by the Legislature to increase the biannual license renewal fee from $100 to $250. Section 2.7 was amended by the Legislature
to increase the fee for the oral examination from $125 to $250.
SB332-HB4192
WV Board of Examiners of Radiologic Technology; Continuing
Education - 18CSR2
The rule effectuates continuing education requirements of
SB358 passed during the 1996 Legislative session. This rule
establishes the continuing education requirements for persons
practicing radiologic technology or radiation therapy. During the
first year the rule is operational persons seeking to renew their
licenses must complete 12 hours of continuing education.
Thereafter, all persons licensed by the board must complete 24
hours of continuing education during a two-year period. Persons
who hold more than one license are not required to obtain more than
24 hours of credit.
SB333-HB4219
WV Board of Examiners of Radiologic Technology; Fees for Services
Rendered by the WV Board of Examiners of Radiologic Technology -
18CSR1
This rule allows the license period for radiologic
technologists to be changed from 2 years to 1 year and the fees
increased.
SB334-HB 4193
Secretary of State; Fees Relating to Electronic Records - 153CSR2
This rule establishes fees to be charged by the Secretary of
State for online access to electronic records and for the sale of
electronic records maintained by the Secretary of State. The
annual subscription fees are as follows: Code of State Rules, on- line access only, $350; Code of State Rules, subscribers to printed
version and on-line, $175; Index to Opinions of the Ethics
Commission, $150; State Register, on-line only, $250; State
Register, subscribers to print version, on-line service $125; if
time charges are billed it will be at $.15 per minute; Records of
the corporation Division, $100; UCC Division, $200. discounts will
be available for persons who use multiple services and for subscribers with 4 or more users.
SB335-HB4194
Secretary of State; Matters Relating to Corporations and Other
Business Entity Filing - 153CSR5
This rule establishes procedures related to the filing of
corporation and business entity documents with the Secretary of
State. It sets forth requirements with which a business entity
must comply when the name under which it wants to register is
deceptively similar to the name of a previously registered
business. The rule also provides that the Secretary of State may
only issue a certificate of good standing to a corporation which
has filed the required corporate license returns and paid any
require fees and state corporate license taxes.
SB336-HB4195
Board of Social Work Examiners; Qualifications for Licensure as a
Social Worker - 25CSR1
This rule amends a current legislative rule. The rule's
provisions for a license have been amended to include licensure of
independent clinical social workers. This level of licensure was
added to the statute in 1993. The subsection on temporary licenses
has been amended to require an applicant to provide a transcript
showing that a 4 year degree has been earned. Persons who receive
a degree in a field related to social work after July 1, 2000 are
not eligible for the temporary license. And exception has been
created for DHHR. The Board and DHHR are to work toward
professional training for DHHR social workers and report back to
the Legislature in 2000 on their progress. This rule has also been
amended to limit the number of temporary licensees which a
supervisor may supervise to 15 unless the Board grants a waiver.
SB337-HB4196
Soil Conservation Agency; State Soil Conservation Committee
Regulations - 63CSR1
The rule amends a current legislative rule. It makes
technical revisions to conform to the format requirements of the
Secretary of State.
SB351-HB4209
Treasurer's Office; Establishment of Impressed Funds - 112CSR3
This rule repeals and replaces a current rule and is needed to
comply with the provisions of Senate Bill 563, passed during the
1997 Legislative Session. This rule implements WV Code §12-2-2,
wherein the State Treasurer is required to establish and audit
imprest funds. "Imprest fund" means a cash change fund in a fixed
amount maintained at an agency.
SB352-HB4210
Treasurer's Office; Procedure for Deposit of Moneys with
Treasurer's Office by State Agencies - 112CSR4
This new rule is needed to comply with provisions of Senate
Bill 563, passed during the 1997 Regular Legislative Session. This
rule establishes a system whereby moneys received by State
agencies, officials and employees on behalf of the State shall be
1)deposited with the State Treasurer's Office within 24 hours of
receipt, 2)immediately and properly accounted for, and
3)immediately available for investment by the State.
SB353-HB4211
Treasurer's Office; Procedures for Processing Payments from the
State Treasury - 112CSR8
This rule is needed to comply with provisions of Senate Bill
563, which expanded some of the State Treasurer's functions and
duties and transferred several functions and duties of the WV State
Board of Investments to the State Treasurer's Office. This rule
establishes the requirements to develop procedures for processing
payments from the State Treasury. Without this rule, a lack of
procedures could slow payment processing.
SB354-HB4212
Treasurer's Office; Rules for Reporting Debt Capacity - 112CSR9
This new rule is needed to comply with provisions of Senate
Bill 63. It establishes criteria for the gathering and reporting
of information concerning the State's ability to meet it's debt obligations, it's ability to incur new debt, conduct and ongoing
review of the amount and condition of bonds, notes and other
security obligations of the State's spending units.
SB355-HB4213
Treasurer's Office; Rules for the Reporting of State Debt to the
State Treasurer's Office - 112CSR10
This rule is needed to comply with provisions of Senate Bill
563. This rule establishes criteria to gather, record and report
information concerning the indebtness of the State so that it may
be utilized by the Executive and Legislative branches of government
to determine the total state debt obligation and to plan sound
fiscal policies based upon the State's ability to meet its total
debt service.
SB356-HB4214
Treasurer's Office; Selection of State Depositories for
Disbursement Accounts Through Competitive Bidding - 112CSR6
This rule establishes the requirements for selection of
depositories for disbursement accounts through competitive bidding
by banks in this State.
SB357-HB4125
Treasurer's Office; Selection of State Depositories for Receipt
Accounts - 112CSR7
This rule establishes the requirements for selection of
depositories for receipt accounts.
EFFECTIVE DATE: From passage
DATE OF PASSAGE: Marach 14, 1998
ACTION BY GOVERNOR: Approvedf by Governor AprilApril 1, 1998