Senate Bill No. 311
(By Senators Ross, Anderson,
Bowman
and Boley)
__________
[Introduced January 28, 1999; referred to the Committee
on Health and Human Resources; then to the Committee on
Finance; and then to the Committee on 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
medication administration by unlicensed personnel.
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
eleven, article five-o, 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 twentieth day of
January, one thousand nine hundred ninety-nineeight, relating
to the division of health (medication administration by
unlicensed personnel
, 64 CSR 60), is authorized.
NOTE: The purpose of this bill is to authorize the
Division of Health to promulgate a legislative rule
relating to Medication Administration by Unlicensed
Personnel
.
Strike-throughs indicate language that would be
stricken from the present law, and underscoring indicates
new language that would be added.