Bill-Health Food
H. B. 4243
(By Delegates Hunt, Linch, Compton,
Jenkins, Faircloth and Riggs)
[Introduced January 28, 2000; referred to the
Committee on
Health and Human Resources then the
Judiciary.]
A BILL to amend and reenact section four, 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 food establishments.
Be it enacted by the Legislature of West Virginia:
That section four, 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.
§64-5-4. State board of health; division of health.
(a) 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
nine-a, 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 twenty-eighth day of December, one
thousand nine hundred ninety-eight, relating to the
division of health (public water systems, 64 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, authorized under the authority of section
one, article 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 twentieth day of January, one
thousand nine hundred ninety-nine, relating to the division
of health (reportable diseases, events and conditions, 64
CSR 7), is authorized with the amendments set forth below:
On page four, section 3.3.b., by striking out
everything after the words "Category I.A diseases and
conditions reportable by health care providers and health care facilities are:" and inserting in lieu thereof the
following:
3.3.b.1. Anthrax;
3.3.b.2. Botulism;
3.3.b.3. Brucellosis;
3.3.b.4. Cholera;
3.3.b.5. Dengue Fever;
3.3.b.6. Diphtheria;
3.3.b.7. E. Coli O157:H7 Disease;
3.3.b.8. Foodborne Disease;
3.3.b.9. Haemophilus influenzae, Invasive Disease;
3.3.b.10. Hemolytic Uremic Syndrome, postdiarrheal;
3.3.b.11. Hepatitis A, Acute;
3.3.b.12. Hepatitis B, Acute or perinatal;
3.3.b.13. Hepatitis D;
3.3.b.14. Meningococcal Disease, Invasive;
3.3.b.15. An outbreak or cluster of any illness or
condition - suspect or confirmed;
3.3.b.16. Pertussis (Whooping Cough);
3.3.b.17. Plague;
3.3.b.18. Poliomyelitis;
3.3.b.19. Rabies in Animals or in Humans;
3.3.b.20. Rubella (German Measles);
3.3.b.21. Rubeola (Measles);
3.3.b.22. Tuberculosis (All Forms, include antibiotic
susceptibility patterns)*;
3.3.b.23. Tularemia;
3.3.b.24. Typhoid Fever;
3.3.b.25. Waterborne Disease; and
3.3.b.26. Yellow Fever.
On page five, section 3.3.d., by striking out
everything after the words "Category I.B diseases and
conditions reportable by laboratories are:" and inserting
in lieu thereof the following:
3.3.d.1. Bacillus anthracis;
3.3.d.2. Bordatella pertussis, microbiologic evidence;
3.3.d.3. Brucellosis, microbiologic or serologic
evidence;
3.3.d.4. Clostridium botulinum, microbiologic or
toxicologic evidence;
3.3.d.5. Corynebacterium diphtheriae, microbiologic or
histopathologic evidence;
3.3.d.6. Dengue Fever, serologic evidence;
3.3.d.7. E. Coli O157:H7 from any site;
3.3.d.8. E. Coli O157:NM, Shiga-like toxin-producing,
from any clinical specimen;
3.3.d.9. Haemophilus influenzae from any normally
sterile body site;
3.3.d.10. Hepatitis A, positive IgM;
3.3.d.11. Hepatitis B, positive anti-HBc IgM or HBsAg;
3.3.d.12. Hepatitis D, positive serology;
3.3.d.13. Neisseria meningitidis from a normally
sterile site;
3.3.d.14. Outbreak or cluster of any illness or
condition - suspect or confirmed;
3.3.d.15. Poliomyelitis, virologic or serologic
evidence;
3.3.d.16. Rabies, animal or human;
3.3.d.17. Rubella, virologic or serologic evidence;
3.3.d.18. Rubeola, virologic or serologic evidence;
3.3.d.19. Salmonella typhi from any site;
3.3.d.20. Tularemia, culture, antigen or serologic
evidence;
3.3.d.21. Vibrio cholerae, microbiologic or serologic
evidence;
3.3.d.22. Yellow Fever, virologic or serologic
evidence;
3.3.d.23. Yersinia pestis, microbiologic or serologic
evidence; and
3.3.d.24 Other laboratory evidence suggestive of
current infection with any of the diseases or conditions
listed in Category I.A.
On page 6, section 3.4.b., by striking out everything
after the words "Category II.A diseases reportable by
health care providers and health care facilities are:" and
inserting in lieu thereof the following:
3.4.b.1. Amebiasis;
3.4.b.2. Campylobacteriosis;
3.4.b.3. Chickenpox (numerical totals only);
3.4.b.4. Cryptosporidiosis;
3.4.b.5. Cyclospora;
3.4.b.6. Encephalitis, Arboviral;
3.4.b.7. Encephalitis, Other primary and unspecified;
3.4.b.8. Giardiasis;
3.4.b.9. Hantavirus Disease;
3.4.b.10. Hepatitis C / Other non-A or non-B, acute;
3.4.b.11. Influenza-like Illness (numerical totals
only);
3.4.b.12. Leptospirosis;
3.4.b.13. Listeria;
3.4.b.14. Lyme Disease;
3.4.b.15. Malaria;
3.4.b.16. Meningitis, Other Bacterial (cases not
reported as other specific disease types);
3.4.b.17. Meningitis, Viral or Aseptic;
3.4.b.18. Mumps;
3.4.b.19. Psittacosis;
3.4.b.20. Rheumatic Fever;
3.4.b.21. Rocky Mountain Spotted Fever;
3.4.b.22. Rubella, Congenital Syndrome;
3.4.b.23. Salmonellosis (except Typhoid Fever);
3.4.b.24. Shigellosis;
3.4.b.25. Streptococcal Disease, Invasive Group A,
(Streptococcus pyogenes);
3.4.b.26. Streptococcal Toxic Shock Syndrome;
3.4.b.27. Streptococcus pneumoniae, drug resistant
invasive disease, (include antibiotic susceptibility
patterns);
3.4.b.28. Tetanus;
3.4.b.29. Trichinosis; and
3.4.b.30. Unexplained or ill-defined illness,
condition, or health occurrence of potential public health
significance.
On page 7, section 3.4.d., by striking everything
after the words "Category II.B condition reportable by laboratories are:" and inserting in lieu thereof the
following:
3.4.d.1. Borrelia burgdorferi from culture, or
diagnostic levels of IgG or IgM, (preferably followed by a
western blot);
3.4.d.2. Campylobacter;
3.4.d.3. Cryptosporidium;
3.4.d.4. Cyclospora;
3.4.d.5. Encephalitis, virologic, serologic, or other
evidence of arboviral or other encephalitides;
3.4.d.6. Entamoeba histolytica;
3.4.d.7. Giardia lamblia, microscopic or
immunodiagnostic evidence;
3.4.d.8. Hantavirus infection, serologic, PCR,
immunohistochemistry, or other evidence;
3.4.d.9. Hepatitis C, positive HCV antibody confirmed
with approved supplemental test (e.g. RIBA);
3.4.d.10. Leptospirosis, virologic or serologic
evidence;
3.4.d.11. Listeria monocytogenes;
3.4.d.12. Malaria organisms on smear of blood;
3.4.d.13. Meningitis, as indicated by bacterium in
spinal fluid;
3.4.d.14. Meningitis, Viral, virologic or serologic
evidence;
3.4.d.15. Mumps, virologic or serologic evidence;
3.4.d.16. Psittacosis, microbiologic or serologic
evidence;
3.4.d.17. Rocky Mountain Spotted Fever, serologic
evidence;
3.4.d.18. Salmonella (any species, excluding
Salmonella typhi);
3.4.d.19. Shigella (any species);
3.4.d.20. Streptococcus pyogenes (Group A
Streptococcus) from a normally sterile site;
3.4.d.21. Streptococcus pneumoniae, from a normally
sterile site (include antibiotic susceptibility patterns on
all isolates);
3.4.d.22. Trichinosis, demonstration of cysts or
serologic evidence;
3.4.d.23. Tularemia, culture, antigen or serologic
evidence;
3.4.d.24. Unexplained or ill-defined illness,
condition, or health occurrence of potential public health
significance; and
3.4.d.25. Other laboratory evidence suggestive of current infection with any of the diseases or conditions
listed in Category II.A.
And,
On page 15, section 9.1, by adding the following after
the first sentence: "Local health departments may copy and
distribute this rule to local health care providers at no
cost."
(c) 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
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 twentieth day of November, one
thousand nine hundred ninety-eight, relating to the
division of health (general sanitation, 64 CSR 18), 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 thirty-five, 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 November, one
thousand nine hundred ninety-eight, relating to the
division of health (lead abatement licensing, 64 CSR 45),
is authorized.
(e) 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 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 twenty-eighth day of December, one
thousand nine hundred ninety-eight, relating to the
division of health (legally unlicensed health care homes,
64 CSR 50), is authorized.
(f) The legislative rule filed in the state register
on the tenth day of September, one thousand nine hundred
ninety-eight, authorized under the authority of section
six-a, article five-j, chapter twenty 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 twenty-fifth day of January,
one thousand nine hundred ninety-nine, relating to the
division of health (infectious medical waste, 64 CSR 56), is authorized.
(g) 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-nine, relating to the division
of health (medication administration by unlicensed
personnel, 64 CSR 60), is authorized.
(h) 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 thirteen-c, 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 nineteenth day of January, one
thousand nine hundred ninety-nine, relating to the division
of health (public water systems capacity development, 64
CSR 61), is authorized.
(i) 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
two, article fourteen, chapter twenty-seven 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 twenty-third day of November,
one thousand nine hundred ninety-eight, relating to the
division of health (interstate compact on mental health, 64
CSR 72), is authorized.
(j) 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
nine, article five, chapter twenty-seven of this code,
modified by the division of health to meet the objections
of the legislative rule-making review committee, refiled in
the state register on the twenty-fifth day of January, one
thousand nine hundred ninety-nine, and withdrawn by the
division on the eleventh day of February, one thousand nine
hundred ninety-nine, relating to the division of health
(licensed behavioral health service responsibilities and
consumer rights, 64 CSR 74), is not authorized. The
division of health is directed to refile the rule, with
necessary modifications and in accordance with the
memorandum of understanding between the division and various affected parties, as an emergency rule by the first
day of July, one thousand nine hundred ninety-nine, and
propose said rule for legislative promulgation pursuant to
the provisions of article three, chapter twenty-nine-a of
this code.
(k) 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 sections
three and five, article five-n, 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 sixth day of
January, one thousand nine hundred ninety-nine, relating to
the division of health (residential care communities, 64
CSR 75), is authorized.
(l) 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.
(m) 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
six, article thirty-four, 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 November, one
thousand nine hundred ninety-eight, relating to the
division of health (radon licensure, 64 CSR 78), is
authorized.
(n) The legislative rule filed in the state register
on the fourth day of August, one thousand nine hundred
ninety-nine, 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 twentieth day of January, two
thousand, relating to the division of health (food
establishments, 64 CSR 17), is authorized.
NOTE: The purpose of this bill is to authorize the Division of Health to promulgate a legislative rule
relating to Food Establishments.
Strike-throughs indicate language that would be
stricken from the present law, and underscoring indicates
new language that would be added.