H. B. 3040
(By Delegates Givens, Linch, Staton, Mahan,
Hutchins, Webb and Faircloth)
(Originating in the Committee on the Judiciary)
[March 4, 1999]
A BILL 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 promulgate rules propose for
promulgation, legislative rules pursuant to the provisions of
article three, chapter twenty-nine-a of this code to carrying out
consistent with the purposes of this article.
(b) Notwithstanding the provisions of subsection (a) of
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 the code, which establishes license and certification
requirements for fire department rapid response services. The rule
is to incorporate the 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) of section three of this article. The
rule is to also create an optional program for fire departments
that do not charge fees for services, that allows these fire
departments to do self inspections of emergency vehicles. These
inspections must meet any other state or federal requirements for
emergency medical service vehicles. The commissioner shall file
this rule as an emergency by July 1, 1999. The Legislature finds
that an emergency exists compelling promulgation of an emergency
rule consistent with the provisions of this subsection.