RELATING TO: Authorizing miscellaneous agencies and boards to promulgate legislative rules

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)

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.


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.


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.


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.


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.


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.


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.


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.


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.


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.


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.


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.


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.


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.


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.


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.


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.

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.


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.


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.


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.


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.


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.


Treasurer's Office; Selection of State Depositories for Receipt Accounts - 112CSR7

This rule establishes the requirements for selection of depositories for receipt accounts.

From passage

Marach 14, 1998

ACTION BY GOVERNOR: Approvedf by Governor AprilApril 1, 1998