ENROLLED
H. B. 3040
(By Delegates Givens, Linch, Staton, Mahan,
Hutchins, Webb and Faircloth)
[Passed March 12, 1999; in effect from passage.]
AN ACT to amend and reenact section twenty-three, article four-c,
chapter sixteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to directing the
commissioner of the bureau of public health to propose for
promulgation, legislative rules for licensure and inspection
of certain fire department rapid response services.
Be it enacted by the Legislature of West Virginia:
That section twenty-three, article four-c, 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 4C. EMERGENCY MEDICAL SERVICES ACT
§16-4C-23. Authority of the commissioner to make rules.
(a) The commissioner shall propose for promulgation,
legislative rules pursuant to article three, chapter twenty-nine-a
of this code to carry out the purposes of this article.
(b) Notwithstanding the provisions of subsection (a), section six of this article, the commissioner shall propose for
promulgation a legislative rule regulating fire department rapid
response services, pursuant to article three, chapter twenty-nine-a
of this code which: (1) Establishes licensure and certification
requirements for fire department rapid response services who do not
charge for their services or transport patients; (2) incorporates
necessary applicable emergency medical services requirements for
licensure for "emergency medical services" as the requirements
apply to fire departments and as defined in subsection (d), section
three of this article; and (3) creates an exemption from license
and inspection fees for fire departments that do not charge fees
for their services and which authorizes such fire departments to
conduct self inspections of their emergency vehicles in accordance
with any applicable state or federal requirements for emergency
medical service vehicles. The commissioner shall file the rule
required by this subsection as an emergency rule on or before the
first day of July, one thousand nine hundred ninety-nine. The
Legislature hereby finds that an emergency exists compelling
promulgation of an emergency rule, consistent with the provisions
of this subsection.