H. B. 2548
(By Delegates Hunt, Linch, Compton, Faircloth,
Jenkins and Riggs)
[Introduced February 1, 1999; referred to the Committee
on Health and Human Resources then 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 licensed behavioral
health service responsibilities and consumer rights.
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.
ยง64-5-1. State board of health; division of health.
(a) The legislative rule filed in the state register
on the eighteenth day of November, one thousand nine
hundred ninety-six, authorized under the authority of section three, article thirty-two, 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 (asbestos abatement licensing, 64
CSR 63), is authorized.
(b) The legislative rule filed in the state register
on the first day of August, one thousand nine hundred
ninety-seven, authorized under the authority of section
eight, article thirty-three, 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 (breast and cervical cancer diagnostic
and treatment fund, 64 CSR 69), is authorized.
(c) The legislative rule filed in the state register
on the first day of August, one thousand nine hundred
ninety-seven, under the authority of section ten, article
five-j, chapter sixteen of this code, modified by the
director of the division of health to meet the objections
of the legislative rule-making review committee and refiled in the state register on the twenty-third day of January,
one thousand nine hundred ninety-eight, relating to the
division of health (clinical laboratory technician and
technologist licensure and certification, 64 CSR 57), is
authorized.
(d) The legislative rule filed in the state register
on the twenty-second day of December, one thousand nine
hundred ninety-seven, authorized under the authority of
section two, article thirteen-c, chapter sixteen of this
code, relating to the division of health (drinking water
treatment revolving fund, 64 CSR 49), is authorized.
(e) 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 with the following amendment:
On page 7, subsection 5.1. following the sentence
which ends "local health department offices." by inserting the following: "Provided, That the director shall issue a
permit for the installation of a National Sanitation
Foundation Class I home aeration unit to be installed on a
single family dwelling unit when no other approved system
can be installed."
(f) The legislative rule filed in the state register
on the third day of August, one thousand nine hundred
ninety-eight, authorized under the authority of section
nine, article five, chapter twenty-seven, 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-fifth day of January,
one thousand nine hundred ninety-nine, relating to the
division of health (licensed behavioral health service
responsibilities and consumer rights, 64 CSR 74), is
authorized.
NOTE: The purpose of this bill is to authorize the
Division of Health to promulgate a legislative rule
relating to Licensed Behavioral Health Service
Responsibilities and Consumer Rights.
Strike-throughs indicate language that would be
stricken from the present law, and underscoring indicates
new language that would be added.