Senate Bill No. 386

(By Senator Sprouse)

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[Introduced February 3, 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 three, article two-a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to powers and duties of county and municipal boards of health; filing of rules; and providing that all such rules are subject to legislative rule-making review.

Be it enacted by the Legislature of West Virginia:
That section three, article two-a, 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 2A. ALTERNATIVE METHOD OF ORGANIZING LOCAL HEALTH AGENCIES.

§16-2A-3. Powers and duties of county and municipal boards of health; filing of rules.
County or municipal boards of health created and established pursuant to the provisions of this article shall direct, supervise and control all matters relating to the general health and sanitation of their respective counties or municipalities. The local boards of health also have the power and authority to adopt and promulgate and from time to time amend rules, consistent with the public health laws of this state and the rules of the West Virginia state department of health and human resources, as may be necessary and proper for the protection of the general health of the county or municipality and the prevention of the introduction, propagation and spread of disease. All rules shall be filed, in the case of a county board, with the clerk of the county commission, and in the case of a municipal board, with the clerk, recorder or similar officer of the municipality. The rules shall be kept by the clerk or recording officer in a separate book and shall be public records. All such rules shall be promulgated only in accordance with the provisions of article three, chapter twenty-nine-a of this code and are subject to the legislative rule-making review of that article.
It is the duty of local boards of health to protect the general health and supervise and control the sanitation of their respective counties and municipalities; to enforce the laws of this state pertaining to public health, and the rules of the department of health and human resources, insofar as they are applicable to counties or municipalities, and to perform duties in relation to public health as may be prescribed by order of the county commission or by ordinance of the municipality consistent with the public health laws of this state and the regulations duly adopted by the department of health and human resources. All local boards of health receiving state or federal funds for health purposes shall submit a general plan of operation for health purposes to the commissioner of the bureau of public health for approval. The commissioner may act through any county or municipal board of health created, established and operated pursuant to the provisions of this article.
Local departments of health created and established pursuant to the provisions of either this article or article two of this chapter shall be notified of each immunization for hepatitis-b and other blood borne pathogens received by firefighters within the service area of the local department of health. Local departments of health shall maintain, for a period of not less than thirty years, a record of the date of the immunization and the name of each firefighter within the service area of the local health department immunized against hepatitis-b and other blood borne pathogens.
NOTE: The purpose of this bill is to require county and municipal boards of health rules to be subject to legislative rule-making review.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.