Senate Bill No. 542
(By Senators Walker, Prezioso, Kessler, Plymale, McCabe,
Snyder, Minear, Chafin, Love, Ball, Dawson, Mitchell, Bowman, Jackson, Unger, Edgell, Sharpe, Ross, Redd, Anderson and Dittmar)
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[Introduced February 18, 2000; referred to the Committee on Health and Human Resources; and then to the Committee Finance.]
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A BILL to repeal article two-a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact articles one and two of said chapter, all relating to the state public health system and local boards of health and their purposes; definitions; powers and duties of the secretary ; rules; state health officer; powers and duties of the commissioner; disposition of fees collected by the commissioner; receipt and disbursement of federal aid; employee training; investigations and hearings; authority to create municipal, county and combined boards of health; appointment to and composition of local boards of health; terms of appointment, compensation and expenses of members of local boards of health; meetings, quorum, bylaws and powers and duties of local boards of health; local health officer appointment, qualifications and power and duties; financial responsibilities of appointing authorities for local boards of health; levies; appropriation of county or municipal general funds for public health purposes; state funding; penalties; and severability.

Be it enacted by the Legislature of West Virginia:
That article two-a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; and that articles one and two of said chapter be amended and reenacted, all to read as follows:

§16-1-1. Purpose.

It is the policy of this state to promote the physical and mental health of all of its citizens and to prevent disease, injury, and disability whenever possible. The state recognizes its responsibility to assist in the provision of essential public health services and establishes by this article a state public health system to work in conjunction with local boards of health to provide basic public health services that encourage healthy people in healthy communities

Unless the context in which used clearly requires a different
meaning, as used in this article:
(a) "Basic public health services" means those services that are necessary to protect the health of the public. The three areas of basic public health services are communicable and reportable disease prevention and control, community health promotion, and environmental health protection;
(b) "Bureau" means the bureau for public health in the department of health and human resources;
(c) "Combined local board of health" is one form of organization for a local board of health and means a board of health serving any two or more counties or any county or counties and one or more municipalities within or partially within the county or counties;
(d) "Commissioner" means the commissioner of the bureau for public health, who is the state health officer;
(e) "County board of health" is one form of organization for a local board of health and means a local board of health serving a single county;
(f) "Department" means the West Virginia department of health and human resources;
(g) "Director" or "director of health" means the state health officer. Administratively within the department, the bureau for public health through its commissioner carries out the public health functions of the department, unless otherwise assigned by the secretary;
(h) "Essential public health services" means the core public health activities necessary to promote health and prevent disease, injury and disability for the citizens of the state. The services include:
(1) Monitoring health status to identify community health problems;
(2) Diagnosing and investigating health problems and health hazards in the community;
(3) Informing, educating and empowering people about health issues;
(4) Mobilizing community partnerships to identify and solve health problems;
(5) Developing policies and plans that support individual and community health efforts;
(6) Enforcing laws and regulations that protect health and ensure safety;
(7) Uniting people with needed personal health services and assuring the provision of health care when otherwise not available;
(8) Promoting a competent public health and personal health care workforce;
(9) Evaluating the effectiveness, accessibility and quality of personal and population-based health services; and
(10) Researching for new insights and innovative solutions to health problems.
(i) "Licensing boards" means those boards charged with regulating an occupation, business or profession and on which the commissioner serves as a member;
(j) "Local board of health," "local board" or "board" means a board of health serving one or more counties or one or more municipalities or a combination thereof;
(k) "Local health department" means the staff of the local board of health;
(l) "Local health officer" means the individual physician with a current West Virginia license to practice medicine who supervises and directs the activities of the local health department services, staff and facilities and is appointed by the local board of health with approval by the commissioner;
(m) "Municipal board of health" is one form of organization for a local board of health and means a board of health serving a single municipality;
(n) "Performance-based standards" means generally accepted, objective standards such as rules or guidelines against which public health performance can be measured;

(o) "Program plan" or "plan of operation" means the annual plan for each local board of health that must be submitted to the commissioner for approval;
(p) "Public water system" means any water supply or system which regularly supplies or offers to supply water for human consumption through pipes or other constructed conveyances, if serving at least an average of twenty-five individuals per day for at least sixty days per year, or which has at least fifteen service connections, and shall include: (1) Any collection, treatment, storage, and distribution facilities under the control of the owner or operator of such system and used primarily in connection with such system; and (2) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. A public water system does not include a system which meets all of the following conditions: (1) Which consists only of distribution and storage facilities (and does not have any collection and treatment facilities); (2) which obtains all of its water from, but is not owned or operated by, a public water system which otherwise meets the definition; (3) which does not sell water to any person; and (4) which is not a carrier conveying passengers in interstate commerce;

(q) "Secretary" means the secretary of the state department of health and human resources;
(r) "Service area" means the territorial jurisdiction of a local board of health;
(s) "State advisory council on public health" is the advisory body charged by this article with providing advice to the commissioner with respect to the provision of adequate public health services for all areas in the state;
(t) "State board of health"

§16-1-3. Powers and duties of the secretary.
(a) The secretary shall have the power and duty to establish a state public health system.
(b) All powers and duties of the director of health heretofore established by former section ten of this article that are not specifically included in this chapter as powers and duties of the commissioner are powers and duties of the secretary.
(c) As necessary for the effective, efficient and economical operation of the system, the secretary may from time to time delegate, assign, transfer or combine responsibilities or duties to or among employees of the department.

(d) The secretary must require every applicant for a license, permit, certificate of registration, or registration under this chapter to place his or her social security number on the application.

§16-1-4. Proposal of rules by the secretary.
The secretary shall have the power to propose such rules, in accordance with the provisions of chapter twenty-nine-a of the code, as are necessary and proper to effectuate the purposes of this chapter.

Such rules may include, but are not limited to, the regulation of:
(a) Land

: Provided, That no rules may be promulgated or enforced restricting the subdivision or development of any parcel of land within which the individual tracts, lots or parcels exceed two acres each in total surface area and which individual tracts, lots or parcels have an average frontage of not less than one hundred fifty feet even though the total surface area of said tract, lot or parcel equals or exceeds two acres in total surface area, and which tracts are sold, leased or utilized only as single family dwelling units. The provisions next above notwithstanding, nothing in this section may be construed to abate the authority of the department to: (1) Restrict the subdivision or development of such tract for any more intense or higher density occupancy than such single family dwelling unit; (2) propose or enforce rules applicable to single family dwelling units for single family dwelling unit sanitary sewerage disposal systems; or (3) restrict any subdivision or development which might endanger the public health, the sanitary condition of streams, or sources of water supply;
(b) The sanitary condition of all institutions and schools, whether public or private, public conveyances, dairies, slaughterhouses, workshops, factories, labor camps, all other places open to the general public and inviting public patronage or public assembly, or tendering to the public any item for human consumption, and places where trades or industries are conducted;
(c) Occupational and industrial health hazards, the sanitary conditions of streams, sources of water supply, sewerage facilities and plumbing systems, and the qualifications of personnel connected with any of such facilities, without regard to whether such supplies or systems are publicly or privately owned; and the design of all water systems, plumbing systems, sewerage systems, sewage treatment plants, excreta disposal methods, and swimming pools in this state, whether publicly or privately owned;
(d) Safe drinking water including:
(1)

contaminants do not reach a level which would adversely affect the health of the consumer;
(2) The minimum requirements for: Sampling and testing; system operation; public notification by a public water system on being granted a variance or exemption or upon failure to comply with specific requirements of this section and regulations promulgated under this section; record keeping; laboratory certification; as well as procedures and conditions for granting variances and exemptions to public water systems from state public water systems regulations; and

(3) The requirements covering the production and distribution of bottled drinking water and may establish requirements governing
the taste, odor, appearance and other consumer acceptability parameters of drinking water;

(e) Food and drug standards, including cleanliness, proscription of additives, proscription of sale, and other requirements in accordance with article seven of this chapter, as are necessary to protect the health of the citizens of this state;

(f) The training and examination requirements for emergency medical service attendants and emergency medical

communications, and equipment requirements with respect thereto;
(g) The health and sanitary conditions of establishments commonly referred

more than six rooms to install a restaurant-type or commercial food service facility if the entire bed and breakfast inn or those rooms numbering above six are used on an aggregate of two weeks or less per year;
(h) Fees for services provided by the bureau for public health including, but not limited to, laboratory service fees, environmental

health service fees, health facility fees and permit fees;
(i) The collection of data on health status, the health system and the costs of health care; and
(j) Other health-related matters which the department is authorized to supervise, and for which the rule-making authority has not been otherwise assigned.

§16-1-5. State health officer; appointment; qualifications; term.
The commissioner of the bureau for public health is the state health officer and shall be appointed by the secretary

The commissioner shall be the chief executive, administrative and fiscal officer of the bureau for public health and shall have the following powers and duties:

(a) To supervise and direct the fiscal and administrative matters of the bureau, and in that regard and in accordance with law, employ, fix the compensation of, and discharge all persons necessary for the proper execution of the public health laws of this state and the efficient and proper discharge of the duties imposed upon, and execution of powers vested in the commissioner by law and as directed by the secretary;

(b) To enforce all laws of this state concerning public health; to that end, the commissioner shall make, or cause to be made, investigations and inquiries respecting the cause of disease, especially of epidemics and endemic conditions, and the means of prevention, suppression or control of such conditions; the source of sickness and mortality, and the effects of environment, employment, habits and circumstances of life on the public health.
The commissioner shall further make, or cause to be made, inspections and examinations of food, drink and drugs offered for sale or public consumption in such manner as the commissioner shall consider necessary to protect the public health and shall report all violations of laws and regulations relating thereto to the prosecuting attorney of the county in which such violations occur;
(

(d) To promote the provision of essential public health services to citizens of this state;

(e) To monitor the administration, operation and coordination of the local boards of health and local health officers;
(f) To develop and maintain a state plan of operation which sets forth the needs of the state in the areas of public health; goals and objectives for meeting those needs; methods for achieving the stated goals and objectives; and needed personnel, funds and authority for achieving the goals and objectives;
(g) To collect data as may be required to foster knowledge on the citizenry's health status, the health system and costs of health care;
(h) To delegate to any appointee, assistant or employee any and all powers and duties vested in the commissioner, including, but not limited to, the power to execute contracts and agreements in the name of the bureau: Provided, That the commissioner shall be responsible for the acts of such appointees, assistants and employees;
(i) To transfer at the direction of the secretary, notwithstanding other provisions of this code, any patient or resident between hospitals and facilities under the control of the commissioner and, by agreement with the state commissioner of corrections or successor thereto and otherwise in accord with law, accept a transfer of a resident of a facility under the jurisdiction of the state commissioner of corrections or successor thereto;
(j) To make periodic reports to the governor and to the Legislature relative to specific subject areas of public health, the state facilities under the supervision of the commissioner, or other matters affecting the public health of the people of the state, at the direction of the secretary;
(k) At the direction of the secretary

for the benefit of the health of the people of this state, any gift or devise of any property or thing which is lawfully given: Provided, That if any gift is for a specific purpose or for a particular state hospital or facility, it shall be used as specified. Any profit which may arise from any such gift or devise of any property or thing shall be deposited in a special revenue fund with the state treasurer and shall be used only as specified by the donor or donors;
(l) To acquire by condemnation or otherwise any interest, right, privilege, land or improvement and hold title thereto, for the use or benefit of the state or a state hospital or facility, and, by and with the consent of the governor, and at the direction of the secretary, to sell, exchange or otherwise convey any interest, right, privilege, land or improvement acquired or held by the state, state hospital or state facility and deposit the proceeds from such sale, exchange or other

conveyance into the hospital services revenue account. Any condemnation proceedings shall be conducted pursuant to chapter fifty-four of this code;
(m) To inspect and enforce rules to control the sanitary conditions of and license all institutions and health care facilities as set forth in this chapter, including, but not limited to, schools, whether public or private, public conveyances, dairies, slaughterhouses, workshops, factories, labor camps, places of entertainment, hotels, motels, tourist camps, all other places open to the general public and inviting public patronage or public assembly, or tendering to the public any item for human consumption and places where trades or industries are conducted;
(n) To make inspections, conduct hearings, and to enforce the legislative rules concerning occupational and industrial health hazards, the sanitary condition of streams, sources of water supply, sewerage facilities, and plumbing systems, and the qualifications of personnel connected with such supplies, facilities or systems without regard to whether they are publicly or privately owned; and to make inspections, conduct hearings and enforce the legislative rules concerning the design of chlorination and filtration facilities and swimming pools;
(o) To provide in accordance with this subdivision and the definitions and other provisions of article one-a, chapter twenty-seven of the code, and as directed by the secretary

, for a comprehensive program for the care, treatment and rehabilitation of alcoholics and drug abusers; for research into the cause and prevention of alcoholism and drug abuse; for the training and employment of personnel to provide the requisite rehabilitation of alcoholics and drug abusers; and for the education of the public concerning alcoholism and drug abuse;
(p) To provide in accordance with this subdivision for a program for the care, treatment and rehabilitation of the parents of sudden infant death syndrome victims; for the training and employment of personnel to provide the requisite rehabilitation of parents of sudden infant death syndrome victims; for the education of the public concerning sudden infant death syndrome; for the responsibility of reporting to the Legislature on a quarterly basis the incidence of sudden infant death syndrome cases occurring in West Virginia; for the education of police, employees and volunteers of all emergency services concerning sudden infant death syndrome; for the state sudden infant death syndrome advisory council to develop regional family support groups to provide peer support to families of sudden infant death syndrome victims; and for requesting appropriation of funds in both federal and state budgets to fund the sudden infant death syndrome program;
(q) To establish and maintain a state hygienic laboratory as an aid in performing the duties imposed upon the commissioner, and may employ chemists, bacteriologists, and other employees that may be necessary to properly operate such laboratory. The commissioner may establish branches of the state laboratory at such points within the state as may be found necessary in the interest of the public health.

(r) To establish a uniform health professionals data system to collect and maintain uniform

ly collect the data on health professionals under their jurisdiction in the format prescribed by the commissioner. Each such board shall be required to pay to the bureau an amount, to be determined by the commissioner, to cover expenses incurred by the bureau in establishing the uniform health professionals data system required by this section. The commissioner shall publish annually and make available, upon request, a report setting forth the data which was collected the previous year; areas of the state which the collected data indicates have a shortage of health professionals; and projections, based upon the collected data, as to the need for more health professionals in certain areas;
(s) To expend, for the purpose of performing the public health duties imposed on the bureau, or authorized by law, such sums as may be appropriated by the Legislature

(t) To exercise all other powers delegated to the commissioner by the secretary or by this chapter or otherwise in this code, to enforce all health laws, and to pursue all other activities necessary and incident to the authority and area of concern entrusted to the bureau or the commissioner.

§16-1-7. Duties and powers of the commissioner; service on advisory councils, boards and commissions; authority to designate a representative to serve in his or her place on certain boards and commissions.

(a) The commissioner shall serve on the following business, profession or occupation licensing boards:
(1) West Virginia

(2) West Virginia

board of chiropractic examiners;
(3) West Virginia

;
(4) West Virginia

(5)

(6) West Virginia

(7 West Virginia board of registration for sanitarians;

and
(8) Any other licensing board or commission as directed by the secretary.

(b) The commissioner shall serve on the following advisory councils, boards and commissions:
(1) Advisory committee on cancer (cancer registry);
(2)

Advisory committee on hemophilia;
(3)

Air quality board;
(4) Appalachian states low-level radioactive waste commission;
(5) Attorney general of West Virginia public health trust;

(6) Breast and cervical cancer screening program advisory coalition;
(7) Child fatality review team;
(8) Clinical laboratories quality assurance act advisory board;
(9) Childhood immunization advisory committee;

(10) Early intervention coordinating council;
(11) Emergency medical services advisory council;
(12) Interagency council on osteoporosis;
(13) Jail and prison standards commission;
(14) Medical service fund advisory council;
(15) Nursing home licensing advisory council;
(16) Sewage advisory board;
(17) State emergency response commission;
(18) State groundwater coordinating committee;
(19) Sudden infant death syndrome advisory council;
(20) Water development authority;
(21) West Virginia

commission for the deaf and hard of hearing;
(22) West Virginia

(23) West Virginia

solid waste management board; and
(24) Any other advisory council, board or commission as assigned by the secretary.

(c) Notwithstanding any other provision of this code to the contrary, the commissioner may, at his or her discretion, designate in writing a representative to serve in his or her stead at the meetings and in the duties of all boards and commissions on which the commissioner is designated as a member ex officio. Such appropriately designated representative or proxy may act with the full power and authority of the commissioner in voting, acting upon matters concerning the public health and welfare and such other business as may properly be the duty of any such said board or commission, with any such representative serving as proxy for the commissioner at his or her will and pleasure: Provided,

§16-1-8. Duties and powers of the commissioner; authorization to cooperate with any state health planning and development agencies and any federal government agencies in hospital and other health facility programs.

The commissioner at the direction of the secretary may cooperate with any state health planning and development agencies and any federal government agencies in programs for construction of public or private hospitals, diagnostic or treatment centers, chronic disease hospitals, rehabilitation facilities, nursing homes, and similar or related facilities and institutions. The commissioner may make such inventories of existing public health centers, public and private hospitals, diagnostic or treatment centers, chronic disease hospitals, rehabilitation facilities, nursing homes, and similar or related facilities and institutions, and the laboratories and other facilities thereof, to make surveys of the need for construction of such health facilities, and to adopt, develop, and supervise the administration of such statewide plans or programs for the construction of additional public and private hospitals, public health centers, public or private diagnostic or treatment centers, chronic disease hospitals, rehabilitation facilities, nursing homes, and similar or related facilities and institutions, as may be necessary to comply with the requirements and conditions of federal law in respect to the granting of federal aid for such purposes. The commissioner, at the direction of the secretary, will develop standards to assure that all requirements to obtain federal funds and meet the commitments therefor are met.
The state health plan of operation set forth in this article and the state medical facilities plan shall be a part of the state health plan.

§16-1-9. Duties and powers of the commissioner; supervision over local sanitation; violations; jurisdiction; penalties.

No person, firm, company, corporation, institution or association, whether public or private, county or municipal, shall install or establish any system or method of drainage, water supply, or sewage or excreta disposal without first obtaining a written permit to install or establish such system or method from the commissioner or his or her authorized representative. All such systems or methods shall be installed or established in accordance with plans, specifications and instructions issued by the commissioner or which have been approved in writing by the commissioner or his or her authorized representative.
Whenever the commissioner or his or her authorized representative finds, upon investigation, that any system or method of drainage, water supply, or sewage or excreta disposal, whether publicly or privately owned, has not been installed in accordance with plans, specifications and instructions issued by the commissioner or approved in writing by the commissioner or his or her authorized representative, the commissioner or his or her authorized representative shall issue an order requiring the owner of such system or method to make alterations as may be necessary to correct the improper condition. Such alterations shall be made within a reasonable time which shall not exceed thirty days, unless a time extension is authorized by the commissioner or his or her authorized representative.
The presence of sewage or excreta being disposed of in a manner not approved by the commissioner or his or her authorized representative constitutes prima facie evidence of the existence of a condition endangering public health.
The personnel of the bureau for public health shall be available to consult and advise with any person, firm, company, corporation, institution or association, whether publicly or privately owned, county or municipal, or public service authority, as to the most appropriate design, method of operation or

alteration of any such system or method.
Any person, firm, company, corporation, institution or association, whether public or private, county or municipal, violating any provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than two hundred dollars nor more than one thousand dollars. Any continuing failure or refusal of such convicted person, firm, company, corporation, institution or association, whether public or private, county or municipal, to make the alterations necessary to protect the public health required by the commissioner or his or her authorized representative is a separate, distinct and additional offense for each twenty-four hour period of such failure or refusal, and, upon conviction thereof, the violator shall be fined not less than two hundred dollars nor more than one thousand dollars for each such conviction: Provided,

That none of the provisions contained in this section apply to those commercial or industrial wastes that are subject to the regulatory control of the West Virginia division of environmental protection.
Magistrates have concurrent jurisdiction with the circuit courts of this state for violations of any provisions of this section

§16-1- 9a. Public water system defined; regulation of maximum contaminant levels in water systems; authorization of inspections; violations; criminal, civil and administrative penalties; safe drinking water penalty fund.

(b)(1) The secretary shall prescribe by legislative rule the maximum contaminant levels to which all public water systems shall conform in order to

contaminants do not reach a level which would adversely affect the health of the consumer.
(2)

(3) In addition, the secretary shall establish by legislative rule, as set out in chapter twenty-nine-a of this code, requirements covering the production and distribution of bottled drinking water and may by legislative rule, as set out in chapter twenty-nine-a of this code,

(c) Authorized representatives of the bureau have right of entry to any part of a public water system, whether or not the system is in violation of a legal requirement, for the purpose of inspection, sampling or testing, and shall be furnished records or information reasonably required for a complete inspection.
(d)(1) Any individual, partnership, association, syndicate, company, firm, trust, corporation, government corporation, institution, department, division, bureau, agency, federal agency, or any entity recognized by law who violates any provision of this section, or any of the rules or orders issued pursuant thereto, is guilty of a misdemeanor and, upon conviction thereof, may be fined not less than two hundred dollars nor more than one thousand dollars, and each day's violation shall constitute a separate offense. In addition thereto, the commissioner or his or her authorized representative may seek injunctive relief in the circuit court of the county in which all or part of the public water system is situated for threatened or continuing violations.
(2) For a willful violation of a provision of this section, or of any of the regulations or orders issued thereunder for which a penalty is not otherwise provided under subdivision (3) of this subsection, an individual, partnership, association, syndicate, company, firm, trust, corporation, government corporation, institution, department, division, bureau, agency, federal agency, or entity recognized by law, upon a finding thereof by the circuit court of the county in which the violation occurs, may be subject to a civil penalty of not more than five thousand dollars, and each day's violation may be grounds for a separate penalty.
(3) The commissioner or his or her authorized representative shall have the authority to assess administrative penalties and initiate such proceedings as may be necessary for the enforcement of drinking water regulations. The administrative penalty for a violation of any drinking water rule shall be a minimum of one thousand dollars per day per violation and each day's violation may be grounds for a separate penalty. In any action brought to enforce drinking water rules, the administrative penalty may not exceed an aggregate amount of five thousand dollars for systems serving a population of less than ten thousand persons and may not exceed twenty-five thousand dollars for systems serving a population of ten thousand persons or more. Payments shall be payable to the commissioner. All moneys collected under this section shall be deposited into a restricted account known as the safe drinking water penalty fund previously created in the office of the state treasurer. All money deposited into the fund shall be used by the commissioner to provide technical assistance to public water systems.
§16-1-9b. Permit approval for individual systems with surface water discharge; reserve areas.
Individual systems with surface water discharge may be considered for approval for a permit pursuant to section nine of this article under the following conditions:(1) To correct existing failures when other means of treatment and disposal have proven ineffective; or (2) on a tract, lot or parcel of land that equals or exceeds two acres which cannot qualify for standard or alternative soil absorption systems; or (3) on existing lots which received approval under a prior permit where it has been determined that applicable standards cannot be met to qualify for a standard or alternate soil absorption system. Approval under these conditions are applicable only to single family residential units.
When installing a standard sewage disposal system, modified system, experimental system or other approved system, the reserve area shall consist of an area for the placement of the original system together with an area for replacement and upgrade of absorption field lines within the reserve area. Testing of the site for approval shall consist of a six foot hole and a percolation test of the soils.

§16-1-10. Disposition of permit, license or registration fees received by the commissioner; report to auditor; health facility licensing account.

(a) The commissioner will receive and account for all moneys required to be paid as fees to the bureau for permits, licenses or registrations, pursuant to the provisions of this code and legislative rules, and shall pay such moneys into the state treasury monthly, on or before the tenth day of the month succeeding the month in which such moneys were received. The commissioner shall, on the first day of January and the first day of July in each year, or within five days thereafter, certify to the state auditor a detailed statement of all such moneys received by him or her during the preceding six months.

(b) Subject to the provisions set forth in section two, article two, chapter twelve of this code, there is continued in the state treasury a separate account which shall be designated "the health facility licensing account." The commissioner

shall deposit to the health facility licensing account all health facility licensing fees and is authorized to expend the moneys deposited in the health facility licensing account in accordance with the laws of this state as is necessary to implement activities of health facility licensing. As part of the annual state budget, the Legislature shall appropriate for health facility licensure all moneys deposited in the health facilities licensing account.
Any remaining balance including accrued interest in said account at the end of any fiscal year shall not revert to the general revenue fund, but shall remain in said account, and such moneys shall be expendable after appropriation by the Legislature in ensuing fiscal years. The commissioner

§16-1-11. Disposition of fees for services charged and received by the commissioner ; health services fund.

(a) Notwithstanding any other provisions of this chapter, the commissioner may assess and charge reasonable fees for the provision of services provided by the bureau: Provided, That no individual may be denied health care services because of the inability of the individual to pay for services when services are provided to similarly situated individuals who have the ability to pay for them. Payments of such fees shall be deposited into a special revolving fund in the state treasury designated the "health services fund."
(b) Any balance including accrued interest in the special revolving fund at the end of any fiscal year shall not revert to the general revenue fund but shall remain in the fund for use by the commissioner for funding health programs in the ensuing fiscal years.
(c) The commissioner may authorize reasonable fees for the provision of services by local boards of health as created in article two of this chapter: Provided, That no individual may be denied health care services because of the inability of the individual to pay for services when services are provided to similarly situated individuals who have the ability to pay for them. Payments of such fees shall be deposited into the local board of health account for use by the local board for funding health programs. The fees established will be created on a sliding fee basis determined by an individual's ability to pay: Provided, however, That the local board of health may submit a request through the administrator for third party reimbursement where such request is appropriate: Provided further, That local boards of health which establish such fees shall annually submit a schedule of fees, a sliding fee scale and an accounting of amounts collected to the commissioner as part of its program plan or plan of operation.
(d) The secretary shall promulgate rules in accordance with article three, chapter twenty-nine-a of this code, setting forth the fees established, assessed, and charged by the commissioner.

§16-1-12. Receipt and disbursement of federal aid and other moneys for health purposes.
(a) The commissioner, at the direction of the secretary, may accept, receive and receipt for federal moneys and other moneys, either public or private, for and in behalf of this state or any county or municipality thereof, for public health purposes, or for the establishment or construction of public health facilities, whether such work is to be done by the state, or by such county or municipality, or jointly, aided by grants of aid from the United States, upon such terms and conditions as are, or may be, prescribed by the laws of the United States and any rules or regulations made thereunder. The commissioner may act as the agent of the state or any of its agencies, or of any county or municipality of this state, upon the request of any agency of the state or of any such county or municipality, in accepting, receiving, and receipting for such moneys in its behalf, for public health facilities financed either, in whole or in part, by federal moneys.
(b) The state, or any agency thereof, or any county or municipality is authorized to, and may, designate the commissioner as its agent for the purposes above set forth, and any such agency, county or municipality may enter into an agreement with the commissioner prescribing the terms and conditions of such agency in accordance with federal laws, rules and regulations, and with the laws of this state. Such moneys as are paid over by the United States government shall be retained by the state or paid over to said counties or municipalities under such terms and conditions as may be imposed by the United States government in making such grants.
(c) All moneys accepted for disbursement pursuant to this section shall be deposited by the secretary or the commissioner in the state treasury, and unless otherwise prescribed by the authority from which the money is received, kept in separate funds, designated according to the purpose for which the moneys were made available, and held by the state in trust for such purposes. All such moneys are hereby appropriated for the purposes for which the same were made available and shall be expended in accordance with federal laws and regulations and with the laws of this state. The commissioner is authorized, whether acting for the state or one of its agencies, or as the agency for any county or municipality, when requested by the United States government or any agency or department thereof, or when requested by the state, a state agency, or any county or municipality for which the moneys have been made available, to disburse such moneys for the designated purposes, but this shall not include any other authorized method of disbursement.

§16-1-13. Hospital services revenue account; health facilities long-range plans.

(a) Subject to the provisions set forth in section two, article two, chapter twelve of this code, there is continued in the state treasury a separate account which shall be designated the "hospital services revenue account". The secretary shall deposit promptly into the account any fees received by a facility owned and operated by the department from whatever source including the federal government, state government or other third-party payer or personal payment.
(b) A five-year health facilities long-range plan shall be developed by the secretary and shall be adopted as a rule in accordance with this chapter and chapter twenty-nine-a of this code. The health facilities long-range plan shall be updated and revised at least every two years.
(c) The secretary is authorized to expend the moneys deposited in the hospital services revenue account in accordance with federal laws and regulations and with the laws of this state as is necessary for the development of the five-year health facilities long-range plan and subsequent revisions. The secretary is authorized to expend the moneys deposited in the hospital services revenue account as provided for in the health facilities long-range plan at such times and in such amounts as the secretary determines to be necessary for the purpose of improving the delivery of health and mental health services or for the purpose of maintaining or obtaining certification at a state health or mental health facility: Provided, That all disproportionate share hospital funds received into the account shall be transferred by intergovernmental transfer to the medical services trust fund created in section two-a, article four-a, chapter nine of this code, except for funds appropriated by the Legislature for other purposes within the annual budget bill: Provided, however, That during any fiscal year in which the secretary anticipates spending any money from such account, he or she shall submit to the executive department during the budget preparation period prior to the Legislature convening, before that fiscal year for inclusion in the executive budget document and budget bill, his or her recommended capital investments, recommended priorities and estimated costs, as well as requests of appropriations for the purpose of improving the delivery of health or for the purpose of maintaining or obtaining certification at a state health facility in such amounts as the secretary determines to be necessary for the development of, and as provided for in, the five-year health facilities long-range plan and subsequent revisions.
(d) The secretary shall make an annual report to the Legislature on the status of the health services revenue account, including the previous year's expenditures and projected expenditures for the next year.
§16-1-14. Training of employees.
To insure adequate standards of public service, the commissioner is authorized to provide technical and specialized instruction for employees of the bureau.
If upon review of the personnel records of any employee of the bureau, the commissioner is of the opinion that it would be in the best interest of the bureau

§16-1-15. Investigations and hearings; power to administer oaths, subpoena witnesses, etc.; use of information and material acquired.

(a) The secretary, the commissioner, any officer or employee of the department designated by the secretary, or any other individual designated by the secretary

shall have the power to hold investigations, inquiries and hearings concerning matters covered by the laws of this state pertaining to public health and within the authority and the rules, regulations and orders of the secretary. Hearings shall be open to the public and shall be held upon such call or notice as deemed advisable by the secretary.
(b) Each individual designated to hold any inquiry, investigation or hearing shall have the power to administer oaths and affirmations, certify to all official acts, issue subpoenas and order the attendance and testimony of witnesses

in the production of papers, books and documents. In case of the failure of any person to comply with any subpoena or order issued under the authority of this section, the secretary or his or her authorized representative may invoke the aid of any circuit court of this state. The court may thereupon order such person to comply with the requirements of the subpoena order or to give evidence as to the matter in question. Failure to obey the order of the court may be punished by the court as a contempt thereof.
(c) Subject to the foregoing provision the secretary may in his or her discretion make available to appropriate federal, state and municipal agencies information and material developed in the course of its investigation and hearings: Provided, That information obtained from studies or from any investigation made or hearing held pursuant to the provisions of this article may not be admissible in evidence in any action at law to recover damages for personal injury or in any action under the workers' compensation act, but such information, if available, shall be furnished upon request to the commissioner of the bureau of employment programs for the sole purpose of adjusting claims presented to the said commissioner.

§16-1-16 . Public health advisory council; duties; composition; appointment; meetings; compensation; expenses and continuation.

(a) The public health

advisory council is hereby created as an advisory body to the commissioner for the purpose of advising the commissioner as to the provision of adequate public health services for all areas in the state.
(b) The council may advise the commissioner in all matters pertaining to the commissioner's duties and functions concerning public health and the provisions of this chapter. The council is authorized to review all state public health rules and advise the commissioner as to necessary revisions. The council may advise the commissioner as to the need for additional or special advisory committees to assist the council in matters concerning public health in relation to any business, profession or industry in the state. The council shall have the duty to

performance based standards and assist the commissioner in the development and implementation of a coordinated, population-based prevention oriented program that promotes and protects the health of all citizens of West Virginia.
(c) The council shall be composed of fifteen members appointed by the governor by and with the advice and consent of the Senate. The state insurance commissioner or his or her designated representative shall serve as a member ex officio. Twelve members shall be chosen from nominations by: (1) The West Virginia association of local health officers who shall submit to the governor a list of three

(d) Pursuant to the provisions of this section, the governor shall appoint an advisory council on the first day of July, two thousand. Of those first members appointed, one-third shall serve for one year, one-third shall serve for two years and one-third shall serve for three years. Each subsequent term will be a three year term and no member may serve more than four consecutive terms.
(e) The advisory

council shall choose its own chairperson and meet at the call of the commissioner at least twice a year.
(f) The members of the council shall receive compensation and expense reimbursement in an amount not to exceed the same compensation and expense reimbursement as is paid to members of the Legislature for their interim duties as recommended by the citizens legislative compensation commission and authorized by law, for each day or substantial portion thereof engaged in the performance of official duties.
(g) Pursuant to the provisions of article ten, chapter four of this code, the state advisory council on public health shall continue to exist until the first day of July, two thousand three.

§16-1-17. Penalties for interfering with examiners, inspectors or other authorized representatives of the commissioner in the performance of duty.

The commissioner may employ such administrative employees, inspectors, examiners or other persons as may be necessary to properly carry out the provisions of the public health laws of this

as the commission's representatives and, under his or her direction, shall enforce the provisions of the public health laws and all duly promulgated public health rules, and in the discharge of official duties, shall have the right of entry into any institution or school, whether public or private, public conveyances, dairy, creamery, slaughterhouse, workshop, factory, labor camp, place of entertainment, hotel, tourist camp, all other places open to the general public and inviting public patronage or public assembly, or tendering to the public any item for human consumption, and places where hazardous trades or industries are conducted.
Any person interfering with or attempting to interfere with any inspector, examiner, or other duly authorized employee of the commissioner in the discharge of his or her duties under this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than two hundred dollars nor more than one thousand dollars.
§16-1-18. Penalties for violating provisions of article.
Any person violating any of the provisions of this article for which the penalty is not otherwise provided, or any of the rules or orders issued pursuant thereto, shall be punishable by a fine of not less than two hundred dollars nor more than one thousand dollars.

§16-1-19. Severability.

If any provision of this article, or the application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the provisions or applications of this article which can be given effect without the invalid provisions or application, and to this end the provisions of this

ARTICLE 2. LOCAL BOARDS OF HEALTH.
§16-2-1. Purpose.
Local boards of health, created, established and operated pursuant to the provisions of this article, are responsible for directing, supervising and carrying out matters relating to the public health of their respective counties or municipalities. This article provides that local boards of health may be organized as boards of health serving a single municipality, a single county or a combination of any two or more counties or any county or counties and one or more municipalities within or partially within the county or counties. This article establishes uniform provisions applicable to all local boards of health, whatever organizational form elected, to insure the consistent performance of duties relating to basic public health services and other health services and the enforcement of the laws of this state pertaining to public health.
§16-2-2. Definitions.
Unless the context in which used clearly requires a different meaning, as used in this article:
(a) "Basic public health services" means those services that are necessary to protect the health of the public and that a local board of health must provide. The three areas of basic public health services are communicable and reportable disease prevention and control, community health promotion, and environmental health protection;
(b) "Bureau" means the bureau for public health in the department of health and human resources;
(c) "Clinical and categorical programs" means those services provided to individuals of specified populations and usually focus on health promotion or disease prevention. These services are not considered comprehensive health care but focus on specific health issues such as breast and cervical cancer, prenatal and pediatric health services and family planning.
(d) "Combined local board of health" is one form of organization for a local board of health and means a board of health serving any two or more counties or any county or counties and one or more municipalities within or partially within the county or counties;
(e) "Commissioner" means the commissioner of the bureau for public health, who is the state health officer;
(f) "Communicable and reportable disease prevention and control" is one of three areas of basic public health services each local board of health must offer. Services shall include disease surveillance, case investigation and follow-up, outbreak investigation, response to epidemics, and prevention and control of rabies, sexually transmitted diseases, vaccine preventable diseases, HIV/AIDS, tuberculosis and other communicable and reportable diseases;
(g) "Community health promotion" is one of three areas of basic public health services each local board of health must offer. Services shall include assessing and reporting community health needs to improve health status, facilitating community partnerships including identifying the community's priority health needs, mobilization of a community around identified priorities, and monitoring the progress of community health education services;
(h) "County board of health" is one form of organization for a local board of health and means a local board of health serving a single county;
(i) "Department" means the West Virginia department of health and human resources;
(j) "Director" or "director of health" means the state health officer. Administratively within the department, the bureau for public health through its commissioner carries out the public health function of the department, unless otherwise assigned by the secretary;
(k) "Environmental health protection" is one of three areas of basic public health services each local board of health must offer. Services shall include efforts to protect the community from environmental health risks such as improper food and milk, housing, institutional, recreation, sewage, wastewater, and drinking water sanitation and response to disease or disaster outbreak;
(l) "Enhanced public health services" means services that focus on health promotion activities to address a major health problem in a community, are targeted to a particular population and assist individuals in this population to access the health care system, such as lead and radon abatement for indoor air quality and positive pregnancy tracking. Enhanced public health services are services a local health department may offer;
(m) "Local board of health,"local board" or "board" means a board of health serving one or more counties or one or more municipalities or a combination thereof;
(n) "Local health department" means the staff of the local board of health;
(o) "Local health officer" means the individual physician with a current West Virginia license to practice medicine who supervises and directs the activities of the local health department services, staff and facilities and is appointed by the local board of health with approval by the commissioner;
(p) "Municipal board of health" is one form of organization for a local board of health and means a board of health serving a single municipality;
(q) "Performance-based standards" means generally accepted, objective standards such as rules or guidelines against which a local health department's level of performance can be measured.
(r) "Primary care services" means health care services, including medical care, that emphasize first contact patient care and assume overall and ongoing responsibility for the patient in health maintenance and treatment of disease. Primary care services are services that local boards of health may offer if the board has determined that an unmet need for primary care services exists in its service area. Basic public health services funding may not be used to support these services;

(s) "Program plan" or "plan of operation" means the annual plan for each local board of health that must be submitted to the commissioner for approval;
(t) "Secretary" means the secretary of the state department of health and human resources; and

(u) "Service area" means the territorial jurisdiction of the local board of health.

§16-2-3. Authority to create, establish and maintain county boards of health; service area.

A county commission shall create, establish and maintain a county board of health if no other local board of health organized under this article is established and responsible for public health in the service area. The county board of health must be organized pursuant to and with the powers and duties prescribed by this article. The service area of any county board of health is the county territorial limits and includes every municipality within the county that does not have a municipal board of health maintaining a separate full-time municipal health department under the supervision of a municipal local health officer or that is not a member of a combined local board of health.
§16-2-4. Authority to create, establish and maintain municipal boards of health; service area.
The governing body of a municipality may create, establish and maintain a municipal board of health organized pursuant to and with the powers and duties prescribed by this article. The territorial jurisdiction of any municipal board of health is an area including the municipality and all points within a distance of one mile from the limits of the municipality.
§16-2-5. Authority to create, establish and maintain combined local boards of health; service area.
Any two or more counties or any county or counties and one or more municipalities within or partially within the county or counties may combine to create, establish and maintain a combined local board of health organized pursuant to and with the powers and duties prescribed by this article. The plan of combination must be approved by the commissioner. The service area of any combined local board of health is the combined territorial limits of the participating municipality or municipalities and county or counties: Provided, That if a participating municipality is located in a nonparticipating county, the service area of the combined local board of health is limited to the territorial limits of the municipality and does not extend to or include any area of the nonparticipating county outside of the municipal limits: Provided, however, That the service area of a combined local board does not extend to or include any area within the service area of a municipal board of health maintaining a separate full-time municipal health department under the supervision of a municipal local health officer.
§16-2-6. Appointment to and composition of municipal boards of health; qualifications; number of appointees.
A municipal board of health is composed of five members selected and appointed by vote of the governing body of the municipality. Each member appointed to a municipal board of health must be a resident of the municipality. No more than two members who reside in the same municipal ward may be appointed and no more than two members may be appointed who are personally licensed or certified in, engaged in, or actively participating in the same business, profession or occupation. No more than three members of a municipal board of health may belong to the same political party.

§16-2-7. Appointment to and composition of county boards of health; qualifications; number of appointees.

A county board of health is composed of five members selected and appointed by vote of the county commission. Each member appointed to the county board of health must be a resident of the county. No more than two members who reside in the same magisterial district may be appointed and no more than two members may be appointed who are personally licensed or certified in, engaged in, or actively participating in the same business, profession or occupation. No more than three members of a county board of health may belong to the same political party.

§16-2-8. Appointment to and composition of combined local boards of health; qualifications; number of appointees.

A combined local board of health is composed of at least five members. The number of combined local board of health members to be selected by each participating county or municipality will be established by agreement of the participating counties or municipalities. No more than one half of the members of a combined local board of health may be personally licensed or certified in, engaged in, or actively participating in the same business, profession or occupation. The number of members of a combined local board of health belonging to the same political party may not exceed by more than one the number of members belonging to another political party. No member may be selected and appointed by and represent more than one participating county or municipality.
The county commission of each participating county may select and appoint by vote no fewer than one and no more than three persons to serve as the representatives of the county on the combined local board of health. Each member appointed as a county representative to the combined local board of health must be a resident of the participating county. No more than two persons residing in the same magisterial district may be appointed by a participating county as members and no more than two members may be appointed by a participating county who are personally licensed or certified in, engaged in, or actively participating in the same business, profession or occupation.
The governing body of each participating municipality may select and appoint by vote no fewer than one and no more than three persons to serve as the representatives of the municipality on the combined local board of health. Each member appointed as a municipality's representative to the combined local board of health must be a resident of the municipality. No more than two members who reside in the same municipal ward may be appointed and no more than two members may be appointed who are personally licensed or certified in, engaged in, or actively participating in the same business, profession or occupation.
Upon the formation of a combined local board of health and during the duration of its existence, there may be no separate county board of health or municipal board of health in any county or any municipality participating in the combined local board of health.

§16-2-9. Local board of health; terms of appointment; reappointment; oath of office; vacancies; removal; compensation; expenses.

(a) The term of office for members selected and appointed to a local board of health pursuant to the provisions of this article is five years. Members may serve until their duly qualified successors are selected and appointed by vote of the original appointing authority. Members may be reappointed for additional terms of five years. Board members' oath of office shall be duly recorded before entering into or discharging any duties of the office.
(b) Any vacancy on any local board of health shall be filled by appointment of the original appointing authority. This appointment is for the unexpired term.
(c) A local board of health may remove any of its members pursuant to the provisions of its lawfully adopted bylaws and shall remove any of its members for official misconduct, incompetence, neglect of duty, gross immorality or the revocation of any state professional license or certification. A local board of health, or any of its members may be removed by the state health officer for failure or refusal to comply with duties as set forth by statute or rule. Upon such removal, a successor or successors to the member or members removed shall immediately be appointed by the original appointing body pursuant to the provisions of this article.
(d) Each member of a local board of health may receive compensation as determined by the local board for attending meetings of and other activities for the board as required by law: Provided, That this compensation may not exceed one hundred dollars per day. Each member of a local board may be reimbursed for all reasonable and necessary travel and other expenses actually incurred by the member in the performance of duties as a member of the local board.
§16-2-10. Local board of health; meetings; attendance; bylaws; quorum; chairperson selection, powers and duties.
(a) Each local board of health may meet as often as necessary to orderly and efficiently execute its duties and exercise its powers: Provided, That in a service area having a population of less than thirty thousand residents, the board must meet no fewer than four times per year and in a service area having a population of more than thirty thousand residents, the board must meet no fewer than six times per year. Members of a local board of health must attend board meetings in compliance with attendance policies established by its bylaws or rules.
(b) Each local board of health is authorized to and shall adopt and may amend bylaws or rules governing time and place of its regular meetings, procedures and method of conducting its meetings including quorum, meeting attendance policies, requirements for written minutes and board actions as public records, duties and election process for officers, process for filling board vacancies, number, duties, tenure and eligibility of members, and any other matters affecting how the board is organized to perform its duties. A quorum of the board for transacting business is a simple majority of the constituent membership of the board.
(c) Each local board of health, pursuant to its bylaws, shall elect from its members a chairperson. The chairperson serves for a term of one year and may be reelected for additional terms. The chairperson may, on behalf of the board, sign documents, execute contracts and otherwise act for and in the name of the board in all matters within its lawful powers and as duly authorized by a majority of the board members.
§16-2-11. Local board of health; powers and duties.
(a) Each local board of health created, established and operated pursuant to the provisions of this article is authorized to and will:
(1) Provide the following basic public health services and programs in accordance with state public health performance-based standards:
(i) Community health promotion including assessing and reporting community health needs to improve health status, facilitating community partnerships including identifying the community's priority health needs, mobilization of a community around identified priorities, and monitoring the progress of community health education services;
(ii) Environmental health protection including the promoting and maintaining of clean and safe air, water, food and facilities and the administering of public health laws as specified by the commissioner as to general sanitation, the sanitation of public drinking water, sewage and wastewater, food and milk, and the sanitation of housing, institutions, and recreation; and
(iii) Communicable or reportable disease prevention and control including disease surveillance, case investigation and follow-up, outbreak investigation, response to epidemics, and prevention and control of rabies, sexually transmitted diseases, vaccine preventable diseases, HIV/AIDS, tuberculosis and other communicable and reportable diseases;
(2) Appoint a local health officer to serve at the will and pleasure of the local board of health with approval of the commissioner;
(3) Submit a general plan of operation to the commissioner for approval, if it receives any state or federal money for health purposes. This program plan must be submitted annually and comply with provisions of the local board of health standards administrative rule;
(4) Provide equipment and facilities for the local health department that are in compliance with federal and state law;
(5) Permit the commissioner to act by and through it, as needed. The commissioner may enforce all public health laws of this state, the rules and orders of the secretary, any county commission orders or municipal ordinances of the board's service area relating to public health, and the rules and orders of the local board within the service area of a local board. The commissioner may enforce these laws, rules and orders when, in the opinion of the commissioner, a public health emergency exists or when the local board fails or refuses to enforce public health laws and rules necessary to prevent and control the spread of a communicable or reportable disease dangerous to the public health. The expenses incurred will be charged against the counties or municipalities concerned;
(6) Deposit all moneys and collected fees into an account designated for local board of health purposes. The moneys for a municipal board of health shall be deposited with the municipal treasury in the service area. The moneys for a county board of health shall be deposited with the county treasury in the service area. The moneys for a combined local board of health shall be deposited in an account as designated in the plan of combination: Provided, That nothing contained in this subsection is intended to conflict with the provisions of article one, chapter sixteen of this code;
(7) Submit vouchers or other approved instruments approved by the board and signed by the local health officer or designated representative to the county or municipal treasurer for payment of necessary and reasonable expenditures from the county or municipal public health funds: Provided, That a combined local board of health shall draw upon its public health funds account in the manner designated in the plan of combination;
(8) Participate in audits, be in compliance with tax procedures required by the state and annually develop a budget for the next fiscal year;
(9) Perform public health duties as may be assigned by order of a county commission or by municipal ordinance consistent with state public health laws; and
(10) Enforce the public health laws of this state and such other laws of this state as may be applicable to the local board.
(b) Each local board of health created, established and operated pursuant to the provisions of this article is authorized to and may:
(1) Provide primary care services, clinical and categorical programs, and enhanced public health services;
(2) Employ or contract with any technical, administrative, clerical or other persons, to serve as needed and at the will and pleasure of the local board of health. Staff and any contractors providing services to the board must be in compliance with applicable West Virginia certification and licensure requirements. Eligible staff employed by the board shall be covered by the rules and regulations of the division of personnel under section 6, article 10, chapter 29 of this code. However, any local board of health may, in the alternative and with the consent and approval of the appointing authority, establish and adopt a merit system for its eligible employees. Such merit system may be similar to the state merit system and may be established by the local board by its order, subject to the approval of the appointing authority, adopting and making applicable to the local health department all, or such portion of any order, rule, standard, or compensation rate in effect in the state merit system as may be desired and as is properly applicable.
(3) Adopt and promulgate and from time to time amend rules consistent with state public health laws and the rules of the West Virginia state department of health and human resources, that are necessary and proper for the protection of the general health of the service area and the prevention of the introduction, propagation and spread of disease. All rules must be filed with the clerk of the county commission or the clerk or the recorder of the municipality or both and shall be kept by the clerk or recording officer in a separate book as public records;
(d) Accept, receive and receipt for money or property from any federal, state or local governmental agency, from any other public source or from any private source, to be used for public health purposes or for the establishment or construction of public health facilities;
(e) Assess, charge and collect fees for permits and licenses for the provision of public health services: Provided, That permits and licenses required for agricultural activities may not be assessed, charged or collected: Provided, however, That a local board of health may assess, charge and collect all of the expenses of inspection of the physical plant and facilities of any distributor, producer or pasteurizer of milk whose milk distribution, production or pasteurization facilities are located outside this state but who sells or distributes in the state, or transports, causes or permits to be transported into this state, milk or milk products for resale, use or consumption in the state and in the service area of the local board of health. A local board of health may not assess, charge and collect the expenses of inspection if the physical plant and facilities are regularly inspected by another agency of this state or its governmental subdivisions or by an agency of another state or its governmental subdivisions certified as an approved inspection agency by the commissioner. No more than one local board of health may act as the regular inspection agency of the physical plant and facilities; when two or more include an inspection of the physical plant and facilities in a regular schedule, the commissioner must designate one as the regular inspection agency;
(f) Assess, charge and collect fees for services provided by the local health department: Provided, That fees for services shall be submitted to and approved by the commissioner;
(g) Contract for payment with any municipality, county or board of education for the provision of local health services or for the use of public health facilities. Any contract must be in writing and permit provision of services or use of facilities for a period not to exceed one fiscal year. The written contract may include provisions for annual renewal by agreement of the parties; and
(h) Retain and make available child safety car seats, collect rental and security deposit fees for the expenses of retaining and making available child safety car seats, and conduct public education activities concerning the use and preventing the misuse of child safety car seats: Provided, That this subsection is not intended to conflict with the provisions of section forty-six, article fifteen, chapter seventeen-c of this code: Provided, however, That any local board of health offering a child safety car seat program or employee or agent thereof is immune from civil or criminal liability in any action relating to the improper use, malfunction, or inadequate maintenance of the child safety car seat and in any action relating to the improper placement, maintenance or securing of a child in a child safety car seat.
(i) The local boards of health are charged with protecting the health and safety, as well as promoting the interests of the citizens of West Virginia. All state funds appropriated by the Legislature for the benefit of local boards of health shall be used for provision of basic public health services.

§16-2-12. Local health officer; term of appointment; qualifications; reappointment; compensation; and removal.

A local board of health shall appoint a full-time or part-time local health officer with approval by the commissioner. The local health officer must be a physician currently licensed in this state and knowledgeable in the science of public health. A local health officer serves at the will and pleasure of the local board for a term of one year and is eligible for reappointment at compensation determined by the local board of health.
A local health officer may be removed from office by the commissioner if the local health officer fails or refuses to carry out the lawful orders or rules of the secretary of the department in the event the commissioner determines a public health emergency exists or if the local health officer fails or refuses to enforce public health laws and rules necessary to prevent and control the spread of communicable or reportable diseases dangerous to the public health. Upon such removal, a successor local health officer will immediately be appointed by the board pursuant to the provisions of this article.
§16-2-13. Local health officer; powers and duties.
(a) A local health officer serves as the executive officer of the local board and under its supervision, a local health officer will administer the provisions of this article, all other laws of this state and the rules and orders of the secretary of the department relating to public health and applicable to the local board's service area, any county commission orders and municipal ordinances of the board's service area relating to public health and the rules and orders of the local board.
(b) A local health officer shall have the following additional powers and duties which may be delegated with the approval of the board:
(1) To attend local board meetings as a nonvoting member. A local health officer serves as secretary at all board meetings and is responsible for maintaining the board's offices, meeting minutes and records;
(2) To supervise and direct the activities of the local board's health services, employees and facilities;
(3) To insure that procedures are established for the receipt of communicable or reportable disease reports from local physicians and other reporting sources and for the transmittal of the reports to the commissioner;
(4) To perform mandatory HIV tests on persons convicted of sex-related offenses and resident within the service area; and
(5) To determine when sufficient corrections have been made to warrant removal of any restrictions or limitations placed on an individual or entity for public health purposes by an employee of the local board of health.

§16-2-14. Financial responsibilities of appointing authorities for local boards of health; levies; appropriation of county or municipal general funds for public health purposes; state funding.

The appointing authorities for local boards of health shall provide financial support for the operation of the local health department. The county commission of any county or the governing body of any municipality in which a local board of health is established pursuant to the provisions of this article, or the county commission of any county or the governing body of any municipality who is a participating member of a combined local board of health is authorized to levy a county or municipal tax to provide funds for the local board of health: Provided, That the tax may not exceed three cents on each one hundred dollars of assessed valuation of the taxable property in the levying county or municipality, according to the latest assessment.
The county commission of any county or the governing body of any municipality in which a local board of health is established pursuant to the provisions of this article, or the county commission of any county or the governing body of any municipality who is a participating member of a combined local board of health is authorized to appropriate and expend money from the county or municipal general funds for public health purposes and to pay the expenses of the operation of the local board of health services and facilities.
The commissioner and the secretary are authorized to contribute to any local board of health established pursuant to the provisions of this article, funds appropriated annually by the Legislature to provide financial aid to local board of healths. By administrative rule, the department has established a fixed formula for determining the amount of any state appropriated funds to be paid to any local board of health and the formula will be uniformly applied by the department: Provided, That the commissioner may withhold all or part of any state aid funds until a local board submits an acceptable plan to correct deficiencies in the local board's program plan.

§16-2-15. Obstructing local health officers and others in the enforcement of public health laws; other violations; penalties.

Any person who willfully obstructs or opposes any local health officer, public health nurse, sanitarian, or any other person charged with the enforcement of any public health law, in the performance of such person's legal duties in enforcing the law, is guilty of a misdemeanor and, upon conviction, will be punished by a fine of not less than two hundred dollars and not more than one thousand dollars.
Any person who willfully violates any of the provisions of this article, or any of the rules or orders adopted or issued pursuant to the provisions, for which a penalty is not otherwise provided, is guilty of a misdemeanor and, upon conviction, will be punished by a fine of not less than two hundred dollars and not more than one thousand dollars.
Magistrates have concurrent jurisdiction with the circuit courts of this state for violations of provisions of this article.
§16-2-16. Severability.
The provisions of this article are severable and if any provision of this article is held to be invalid, unconstitutional or inapplicable to any person or circumstance, such invalidity, unconstitutionality or inapplicability will not affect or impair any other provisions or applications of this article.


NOTE: The purpose of this bill is to clarify the responsibilities of the state and of the local boards of health for public health.

These articles are completely rewritten; therefore, strike-throughs and underscoring have been omitted.