ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 269
(By Senators Ross, Anderson, Bowman and Boley)
__________
[Passed March 12, 1999; in effect from passage.]
____________
AN ACT to amend and reenact article nine, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one,
as amended, relating generally to the promulgation of
administrative rules by the various executive or
administrative agencies and the procedures relating thereto;
legislative mandate or authorization for the promulgation of
certain legislative rules by various executive and
administrative agencies of the state; authorizing certain of
the agencies to promulgate certain legislative rules in the
form that the rules were filed in the state register;
authorizing certain of the agencies to promulgate legislative
rules as amended by the Legislature; authorizing certain of
the agencies to promulgate legislative rules with various modifications presented to and recommended by the legislative
rule-making review committee; authorizing the commissioner of
agriculture to promulgate a legislative rule relating to
animal disease control; authorizing the commissioner of
agriculture to promulgate a legislative rule relating to the
marketing of eggs; authorizing the commissioner of agriculture
to promulgate a legislative rule relating to the West Virginia
seed law; authorizing the commissioner of agriculture to
promulgate a legislative rule relating to the fee structure
for the pesticide control act of 1990; authorizing the
secretary of state to promulgate a legislative rule relating
to agencies designated to provide voter registration services;
authorizing the secretary of state to promulgate a legislative
rule relating to electronic records; authorizing the secretary
of state to promulgate a legislative rule relating to the use
of electronic signatures by state agencies; authorizing the
secretary of state to promulgate a legislative rule relating
to the use of digital signatures, the state certification
authority and the state repository; authorizing the governor's
committee on crime, delinquency and correction to promulgate
a legislative rule relating to law-enforcement training
standards; authorizing the governor's committee on crime,
delinquency and correction to promulgate a legislative rule
relating to the protocol for law-enforcement response to domestic violence; authorizing the board of acupuncture to
promulgate a legislative rule relating to applications for
licensure to practice acupuncture; authorizing the board of
acupuncture to promulgate a legislative rule relating to fees
of the board; authorizing the board of acupuncture to
promulgate a legislative rule relating to advertising by
licensed acupuncturists; authorizing the board of acupuncture
to promulgate a legislative rule relating to the standards of
practice of acupuncture by licensed acupuncturists;
authorizing the board of acupuncture to promulgate a
legislative rule relating to disciplinary and complaint
procedures for acupuncturists; authorizing the board of
acupuncture to promulgate a legislative rule relating to
continuing education requirements; authorizing the board of
acupuncture to promulgate a legislative rule relating to a
code of ethics for licensed acupuncturists; authorizing the
board of acupuncture to promulgate a legislative rule relating
to education requirements; authorizing the board of
acupuncture to promulgate a legislative rule relating to
tutorial education requirements; authorizing the board of
acupuncture to promulgate a legislative rule relating to the
formation and approval of professional limited liability
companies; authorizing the board of chiropractic examiners to
promulgate a legislative rule relating to regulation of the board; authorizing the board of chiropractic examiners to
promulgate a legislative rule relating to the formation and
approval of professional limited liability companies;
authorizing the contractor licensing board to promulgate a
legislative rule relating to the West Virginia contractor
licensing act; authorizing the board of dieticians to
promulgate a legislative rule relating to a code of
professional ethics, continuing education and examination,
licensure and renewal requirements; authorizing the massage
therapy licensure board to promulgate a legislative rule
relating to massage therapy licensure; authorizing the board
of medicine to promulgate a legislative rule relating to
licensing, disciplinary and complaint procedures, continuing
education and physician assistants; authorizing the board of
osteopathy to promulgate a legislative rule relating to the
formation and approval of professional limited liability
companies; authorizing the board of osteopathy to promulgate
a legislative rule relating to fees for services rendered by
the board; authorizing the board of pharmacy to promulgate a
legislative rule relating to the board; authorizing the board
of accountancy to promulgate a legislative rule relating to
the board and rules of professional conduct; authorizing the
board of barbers and cosmetologists to promulgate a
legislative rule relating to procedures, criteria and curricula for examination and licensure of barbers,
cosmetologists, manicurists and aestheticians; authorizing the
board of barbers and cosmetologists to promulgate a
legislative rule relating to a schedule of fines; authorizing
the family protection services board to promulgate a
legislative rule relating to the licensure of domestic
violence perpetrator intervention programs; authorizing the
board of examiners in counseling to promulgate a legislative
rule relating to licensing; authorizing the board of
veterinary medicine to promulgate a legislative rule relating
to certified euthanasia technicians; authorizing the board of
veterinary medicine to promulgate a legislative rule relating
to a schedule of fees; authorizing the office of the treasurer
to promulgate a legislative rule relating to the enforcement
of the uniform unclaimed property act; and authorizing the
West Virginia infrastructure and jobs development council to
promulgate a legislative rule relating to the infrastructure
and jobs development council funding rules.
Be it enacted by the Legislature of West Virginia:
That article nine, 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 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND BOARDS TO
PROMULGATE LEGISLATIVE RULES.
§64-9-1. Commissioner of agriculture.
(a) The legislative rule filed in the state register on the
eighteenth day of June, one thousand nine hundred ninety-eight,
authorized under the authority of section two, article nine,
chapter nineteen of this code, modified by the commissioner of
agriculture to meet the objections of the legislative rule-making
review committee and refiled in the state register on the sixteenth
day of July, one thousand nine hundred ninety-eight, relating to
the commissioner of agriculture (animal disease control, 61 CSR 1),
is authorized.
(b) The legislative rule filed in the state register on the
fourteenth day of July, one thousand nine hundred ninety-eight,
authorized under the authority of section ten, article ten-a,
chapter nineteen of this code, modified by the commissioner of
agriculture to meet the objections of the legislative rule-making
review committee and refiled in the state register on the thirtieth
day of September, one thousand nine hundred ninety-eight, relating
to the commissioner of agriculture (remarketing of eggs, 61 CSR
7A), is authorized.
(c) The legislative rule filed in the state register on the
fourteenth day of July, one thousand nine hundred ninety-eight,
authorized under the authority of section six, article sixteen,
chapter nineteen of this code, modified by the commissioner of
agriculture to meet the objections of the legislative rule-making review committee and refiled in the state register on the thirtieth
day of September, one thousand nine
hundred ninety-eight, relating to the commissioner of agriculture
(West Virginia seed law, 61 CSR 9), is authorized.
(d) The legislative rule filed in the state register on the
thirtieth day of July, one thousand nine hundred ninety-eight,
authorized under the authority of section four, article sixteen-a,
chapter nineteen of this code, modified by the commissioner of
agriculture to meet the objections of the legislative rule-making
review committee and refiled in the state register on the thirtieth day of September, one thousand nine hundred ninety-eight, relating
to the commissioner of agriculture (fee structure for the pesticide
control act of 1990, 61 CSR 12), is authorized.
§64-9-2. Secretary of state.
(a) The legislative rule filed in the state register on the
fourteenth day of July, one thousand nine hundred ninety-eight,
authorized under the authority of section six, article one-a,
chapter three, and section thirteen, article two, chapter three of
this code, relating to the secretary of state (agencies designated
to provide voter registration services, 153 CSR 28), is authorized.
(b) 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 two, article one, chapter
fifty-nine of this code, modified by the secretary of state to meet
the objections of the legislative rule-making review committee and
refiled in the state register on the twenty-third day of September,
one thousand nine hundred ninety-eight, relating to the secretary
of state (fees relating to electronic records, 153 CSR 2), is
authorized.
(c) 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 four, article five, chapter thirty-nine of this code, modified by the secretary of
state to meet the objections of the legislative rule-making review
committee and refiled in the state register on the twenty-third day
of September, one thousand nine hundred ninety-eight, relating to
the secretary of state (use of electronic signatures by state
agencies, 153 CSR 30), is authorized.
(d) 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 four, article five,
chapter thirty-nine of this code, modified by the secretary of
state to meet the objections of the legislative rule-making review
committee and refiled in the state register on the twenty-third day
of September, one thousand nine hundred ninety-eight, relating to
the secretary of state (use of digital signatures, state
certification authority and state repository, 153 CSR 31), is
authorized.
§64-9-3. Governor's committee on crime, delinquency and
correction.
(a) 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 three, article twenty-nine,twenty- nine chapter thirty of this code, modified by the governor's committee on crime, delinquency and correction to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-fourth day of November,
one thousand nine hundred ninety-eight, relating to the governor's
committee on crime, delinquency and correction (law enforcement
training standards, 149 CSR 2), is authorized.
(b) The legislative rule filed in the state register on the
twenty-eighth day of July, one thousand nine- hundred ninety-eight,
authorized under the authority of section nine, article two-a,
chapter forty-eight of this code, modified by the governor's
committee on crime, delinquency and correction to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the ninth day of November, one
thousand nine hundred ninety-eight, relating to the governor's
committee on crime, delinquency and correction (protocol for law
enforcement response to domestic violence, 149 CSR 3), is
authorized with the amendments set forth below:
On page six, by adding a new subsection 5.2 to read as
follows:
"5.2 A dispatcher, who receives a domestic call for an
incident which occurred or is occurring outside the jurisdiction of
the police department or police departments which supervise the dispatcher, shall immediately notify a police department in the
appropriate jurisdiction.";
And,
On pages six and seven, by renumbering the remaining
subsections.
§64-9-4. Board of acupuncture.
(a) The legislative rule filed in the state register on the
third day of August, one thousand nine hundred ninety-eight, under
the authority of section seven, article thirty-six, chapter thirty
of this code, modified by the board of acupuncture to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the eighth day of January, one
thousand nine hundred ninety-nine, relating to the board of
acupuncture (applications for licensure to practice acupuncture, 32
CSR 3), is authorized.
(b) The legislative rule filed in the state register on the
third day of August, one thousand nine hundred ninety-eight, under
the authority of section seven, article thirty-six, chapter thirty
of this code, modified by the board of acupuncture to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the eighth day of January, one thousand nine hundred ninety-nine, relating to the board of
acupuncture (fees of the board of acupuncture, 32 CSR 4), is
authorized with the following amendments:
On page 1, section 3 by striking out subsection 3.2 and
inserting in lieu thereof the following:
"3.2. License fee. -- The biennial license fee is four
hundred and twenty-five dollars ($425.00).";
And,
On page 1, section 3 by striking out subsection 3.3 and
inserting in lieu thereof the following:
"3.3. Renewal fee. -- The renewal fee is four hundred and twenty- five dollars ($425.00)."
(c) The legislative rule filed in the state register on the
third day of August, one thousand nine hundred ninety-eight, under
the authority of section seven, article thirty-six, chapter thirty
of this code, modified by the board of acupuncture to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the eighth day of January, one
thousand nine hundred ninety-nine, relating to the board of
acupuncture (advertising by licensed acupuncturists, 32 CSR 5), is
authorized.
(d) The legislative rule filed in the state register on the
third day of August, one thousand nine hundred ninety-eight, under
the authority of section seven, article thirty-six, chapter thirty
of this code, modified by the board of acupuncture to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the eighth day of January, one
thousand nine hundred ninety-nine, relating to the board of
acupuncture (standards of practice of acupuncture by licensed
acupuncturists, 32 CSR 6), is authorized.
(e) The legislative rule filed in the state register on the
third day of August, one thousand nine hundred ninety-eight, under
the authority of section seven, article thirty-six, chapter thirty
of this code, modified by the board of acupuncture to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the eighth day of January, one
thousand nine hundred ninety-nine, relating to the board of
acupuncture (disciplinary and complaint procedures for
acupuncturists, 32 CSR 7), is authorized with the following
amendment:
On page four, subsection 4.1.18, after the word "activity" by
inserting the following:
"Provided, That upon termination of a patient-practitioner
relationship nothing in this rule shall be construed to prohibit a
personal relationship between a former patient and a practitioner."
(f) The legislative rule filed in the state register on the
third day of August, one thousand nine hundred ninety-eight, under
the authority of section seven, article thirty-six, chapter thirty
of this code, modified by the board of acupuncture 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-eight, relating to the board of
acupuncture (continuing education requirements, 32 CSR 9), is
authorized.
(g) The legislative rule filed in the state register on the
third day of August, one thousand nine hundred ninety-eight, under
the authority of section seven, article thirty-six, chapter thirty
of this code, modified by the board of acupuncture to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the eighth day of January, one
thousand nine hundred ninety-nine, relating to the board of
acupuncture (code of ethics for licensed acupuncturists, 32 CSR
10), is authorized.
(h) The legislative rule filed in the state register on the
third day of August, one thousand nine hundred ninety-eight, under
the authority of section seven, article thirty-six, chapter thirty
of this code, modified by the board of acupuncture to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the eighth day of January, one
thousand nine hundred ninety-nine, relating to the board of
acupuncture (education requirements, 32 CSR 11), is authorized.
(i) The legislative rule filed in the state register on the
third day of August, one thousand nine hundred ninety-eight, under
the authority of section seven, article thirty-six, chapter thirty
of this code, modified by the board of acupuncture to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the eighth day of January, one
thousand nine hundred ninety-nine, relating to the board of
acupuncture (tutorial education requirements, 32 CSR 12), is
authorized.
(j) The legislative rule filed in the state register on the
third day of August, one thousand nine hundred ninety-eight, under
the authority of section one thousand three hundred four, article
thirteen, chapter thirty-one-b of this code, modified by the board of acupuncture to meet the objections of the legislative rule- making review committee and refiled in the state register on the
eighth day of January, one thousand nine hundred ninety-nine,
relating to the board of acupuncture (formation and approval of
professional limited liability companies, 32 CSR 13), is
authorized.
§64-9-5. Board of chiropractic examiners.
(a) The legislative rule filed in the state register on the
sixth day of August, one thousand nine hundred ninety-seven, under
the authority of sections five and fifteen, article sixteen,
chapter thirty of this code, modified by the board of chiropractic
examiners to meet the objections of the legislative rule-making
review committee and refiled in the state register on the twenty- fourth day of November, one thousand nine hundred ninety-eight,
relating to the board of chiropractic examiners (regulation of the
West Virginia board of chiropractic examiners, 4 CSR 1), is
authorized.
(b) The legislative rule filed in the state register on the
sixth day of August, one thousand nine hundred ninety-seven, under
the authority of section one thousand three hundred four, article
thirteen, chapter thirty-one-b, modified by the board of chiropractic examiners to meet the objections of the legislative
rule-making review committee and refiled in the state register on
the twentieth day of July, one thousand nine hundred ninety-eight,
relating to the board of chiropractic examiners (formation and
approval of professional limited liability companies, 4 CSR 4), is
authorized.
§64-9-6. Contractor licensing board.
The legislative rule filed in the state register on the
thirtieth day of July, one thousand nine hundred ninety-eight,
under the authority of section sixteen, article eleven, chapter
twenty-one,twenty-one of this code, modified by the contractor licensing board
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the second day of
October, one thousand nine hundred ninety-eight, relating to the
contractor licensing board (West Virginia contractor licensing act,
28 CSR 2), is authorized.
§64-9-7. Board of dietitians.
The legislative rule filed in the state register on the
twenty-ninth day of July, one thousand nine hundred ninety-eight,
under the authority of section four, article thirty-five, chapter
thirty of this code, modified by the board of dietitians to meet the objections of the legislative rule-making review committee and
refiled in the state register on the second day of October, one
thousand nine hundred ninety-eight, relating to the board of
dietitians (code of professional ethics; continuing education; and
examination, licensure and renewal requirements, 31 CSR 1), is
authorized.
§64-9-8. Massage therapy licensure board.
The legislative rule filed in the state register on the
seventh day of May, one thousand nine hundred ninety-eight, under
the authority of section six, article thirty-seven, chapter thirty
of this code, modified by the massage therapy licensure board to
meet the objections of the legislative rule-making review committee
and refiled in the state register on the twenty-second day of July,
one thousand nine hundred ninety-eight, relating to the massage
therapy licensure board (massage therapy licensure, 194 CSR 1), is
authorized, with the following amendment:
'On page two, subdivision 3.2(b), after the word "Board," by
inserting the word "and",
And,
By striking out subdivision 3.2(c) in its entirety and
relettering the remaining subdivision.'
§64-9-9. Board of medicine.
The legislative rule filed in the state register on the
fifteenth day of April, one thousand nine hundred ninety-eight,
authorized under the authority of section sixteen, article three,
chapter thirty of this code relating to the board of medicine
(licensing, disciplinary and complaint procedures, continuing
education and physician assistants, 11 CSR 1B), is reauthorized
with the following amendments:
On page three, subsection 2.6.1, after the words "more than"
by striking the words "two (2) physician assistants" and inserting
in lieu thereof the words "three (3) physician assistants or their
equivalent";
And,
On page eight, subsection 2.12.13, after the words "more than"
by striking out the words "two (2) physician assistants" and
inserting in lieu thereof the words "three (3) physician assistants
or their equivalent".
§64-9-10. Board of osteopathy.
(a) The legislative rule filed in the state register on the
eleventh day of September, one thousand nine hundred ninety-seven,
under the authority of section one thousand three hundred and four, article thirteen, chapter thirty-one-b of this code, modified by
the board of osteopathy to meet the objections of the legislative
rule-making review committee and refiled in the state register on
the twenty-second day of July, one thousand nine hundred ninety- eight, relating to the board of osteopathy (formation and approval
of professional limited liability companies, 24 CSR 4), is
authorized.
(b) The legislative rule filed in the state register on the
ninth day of July, one thousand nine hundred ninety-eight, under
the authority of sections four and six, article one, chapter thirty
of this code, modified by the board of osteopathy to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the thirtieth day of September,
one thousand nine hundred ninety-eight, relating to the board of
osteopathy (fees for services rendered by the board of osteopathy,
24 CSR 5), is authorized.
§64-9-11. Board of pharmacy.
The legislative rule filed in the state register on the
thirty-first day of July, one thousand nine hundred ninety-eight,
authorized under the authority of sections three and and nineteen,
article five, chapter thirty of this code, modified by the board of pharmacy to meet the objections of the legislative rule-making
review committee and refiled in the state register on the twenty- first day of January, one thousand nine hundred ninety-nine,
relating to the board of pharmacy (rules and regulations of the
board of pharmacy, 15 CSR 1), is authorized.
§64-9-12. Board of accountancy.
The legislative rule filed in the state register on the fifth
day of August, one thousand nine hundred ninety-eight, under the
authority of section three, article nine, chapter thirty of this
code, modified by the board of accountancy to meet the objections
of the legislative rule-making review committee and refiled in the
state register on the fifteenth day of January, one thousand nine
hundred ninety-nine, relating to the board of accountancy (board
rules and rules of professional conduct, 1 CSR 1), is authorized.
§64-9-13. Board of barbers and cosmetologists.
(a) The legislative rule filed in the state register on the
twenty-ninth day of July, one thousand nine hundred ninety-eight,
under the authority of section one, article twenty-seven, chapter
thirty of this code, modified by the board of barbers and
cosmetologists to meet the objections of the legislative rule- making review committee and refiled in the state register on the twenty-third day of October, one thousand nine hundred ninety- eight, relating to the board of barbers and cosmetologists
(procedures, criteria and curricula for examination and licensure
of barbers, cosmetologists, manicurists and aestheticians, 3 CSR
1), is authorized.
(b) The legislative rule filed in the state register on the
seventeenth day of July, one thousand nine hundred ninety-eight,
under the authority of section eight, article one, chapter thirty
of this code, modified by the board of barbers and cosmetologists
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the twenty-first day
of December, one thousand nine hundred ninety-eight, relating to
the board of barbers and cosmetologists (schedule of fines, 3 CSR
7), is authorized, with the following amendment:
'On page eight, subsection 2.49, after the words "other than"
by inserting the words "tropical birds as allowed by law, animals
employed to assist individuals with disabilities, or'.
§64-9-14. Board of veterinary medicine.
(a) The legislative rule filed in the state register on the
third day of August, one thousand nine hundred ninety-eight, under
the authority of section nine, article ten-a, chapter thirty of this code, modified by the board of veterinary medicine to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-seventh day of October,
one thousand nine hundred ninety-eight, relating to the board of
veterinary medicine (certified euthanasia technicians, 26 CSR 5),
is authorized.
(b) The legislative rule filed in the state register on the
third day of August, one thousand nine hundred ninety-eight, under
the authority of section four, article ten, chapter thirty,thirty of this
code, modified by the board of veterinary medicine to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-seventh day of October,
one thousand nine hundred ninety-eight, relating to the board of
veterinary medicine (schedule of fees, 26 CSR 6), is authorized.
§64-9-15. Board of examiners in counseling.
The legislative rule filed in the state register on the
thirty-first day of July, one thousand nine hundred ninety-eight,
authorized under the authority of section five, article thirty-one,
chapter thirty,thirty of this code, relating to the board of examiners in
counseling (licensing, 27 CSR 1), is authorized.
§64-9-16. Office of the treasurer.
The legislative rule filed in the state register on the first
day of July, one thousand nine hundred ninety-eight, authorized
under the authority of section twenty-eight, article eight, chapter
thirty-six, of this code, modified by the office of the treasurer
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the nineteenth day
of November, one thousand nine hundred ninety-eight, relating to
the office of the treasurer (the enforcement of the uniform
unclaimed property act, 112 CSR 5), is authorized.
§64-9-17. West Virginia infrastructure and jobs development
council.
The legislative rule filed in the state register on the ninth
day of September, one thousand nine hundred ninety-eight,
authorized under the authority of section four, article fifteen,
chapter thirty-one of this code relating to the West Virginia
infrastructure and jobs development council (infrastructure and
jobs development council funding rules, 167 CSR 1), is authorized.
§64-9-18. Technology-related assistance revolving loan fund for
individuals with disabilities board.
The legislative rule filed in the state register on the ninth
day of February, one thousand nine hundred ninety-eight, under the authority of section five, article twenty-four, chapter twenty- nine,twenty-nine
of this code, modified by the technology-related assistance
revolving loan fund for individuals with disabilities board to meet
the objections of the legislative rule-making review committee and
refiled in the state register on the twenty-ninth day of July, one
thousand nine hundred ninety-eight (relating to the technology- related assistance revolving loan fund for individuals with
disabilities board technology-related assistance revolving loan
fund for individuals with disabilities, 193 CSR 1), is authorized.