Senate Bill No. 316

(By Senators Ross, Anderson, Bowman and Boley)

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[Introduced January 28, 1999; referred to the

Committee

on Health and Human Resources; and then to the

Committee on the Judiciary.]

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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 tuberculosis control.

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.

§64-5-1. 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 seven, article five-a, chapter twenty-six, 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 November, one thousand nine hundred ninety-eight, relating to the division of health (tuberculosis control , 64 CSR 76), is authorized.

NOTE: The purpose of this bill is to authorize the Division of Health to promulgate a legislative rule relating to Tuberculosis Control
.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.