Bill-Health Food
Senate Bill No. 281
(By Senators Ross, Anderson, Minard, Snyder, Unger and
Minear
)
__________
[Introduced January 28, 2000; referred to the
Committee on Health and Human Resources;
and then to the Committee on 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.