ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 295
(By Senators Ross, Anderson, Minard, Snyder, Unger and Minear)
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[Originating in the Committee on the Judiciary;
reported April 3, 2001.]
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A BILL to amend and reenact article five, chapter sixty-four of
the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating generally to the
promulgation of administrative rules by the various
executive or administrative agencies and the procedures
relating thereto; continuing rules previously promulgated
by state agencies and boards; legislative mandate or
authorization for the promulgation of certain legislative
rules; authorizing certain of the agencies to promulgate
certain legislative rules in the form that the rules were
filed in the state register; authorizing certain of the agencies to promulgate certain legislative rules with
various modifications presented to and recommended by the
legislative rule-making review committee; authorizing
certain of the agencies to promulgate certain legislative
rules as amended by the Legislature; authorizing certain of
the agencies to promulgate certain legislative rules with
various modifications presented to and recommended by the
legislative rule-making review committee and as amended by
the Legislature; authorizing the division of health to
promulgate a legislative rule relating to public water
systems operators; authorizing the division of health to
promulgate a legislative rule relating to nursing home
licensure; authorizing the division of health to promulgate
a legislative rule relating to radiological health;
authorizing the division of health to promulgate a
legislative rule relating to newborn hearing screening;
authorizing the division of health to promulgate a
legislative rule relating to specialized multi-patient
medical transport; authorizing the division of health to
promulgate a legislative rule relating to the body piercing studio business; authorizing the division of health to
promulgate a legislative rule relating to needlestick
injury prevention; authorizing the division of human
services to promulgate a legislative rule relating to child
placing agencies licensure; authorizing the support
enforcement commission to promulgate a legislative rule
relating to obtaining support from federal and state income
tax refunds; authorizing the support enforcement commission
to promulgate a legislative rule relating to interstate
income withholding; and authorizing the support enforcement
commission to promulgate a legislative rule relating to the
termination of income withholding.
Be it enacted by the Legislature of West Virginia:
That article five, chapter sixty-four of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted to read as follows:
ARTICLE 5. AUTHORIZATION FOR DEPARTMENT OF HEALTH AND HUMAN
RESOURCES TO PROMULGATE LEGISLATIVE RULES.
§64-5-1. State board of health; division of health.
(a) The legislative rule filed in the state register on the twenty-ninth day of August, two thousand, authorized under the
authority of section four, 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-second day of January, two
thousand one, relating to the division of health (public water
systems operators, 64 CSR 4), is authorized with the following
amendments:
On page 3, after subdivision 4.1.b. by adding a new
subdivision 4.1.c. to read as follows:
4.1.c. Community and non-transient non-community public
water systems classified as 1D systems on or before the
effective date of this rule will remain classified as 1D systems
until July 1, 2004, unless treatment modifications do not
require a higher classification;
On page 5, in subdivision 5.3.d. after the words "employed
by a" by adding the words "community or non-transient non-
community";
On page 6, after subsection 7.2 by adding a new section 7.3
to read as follows:
7.3. Any operator holding Class 1D certification employed
on or before the effective date of this rule by a community or
non-transient non-community public water system who meets the
minimum education requirements or substitutes applicable
experience on a year-for-year basis to meet the minimum
educational requirements may upgrade to a Class 1 certification
by passing the certification examination on or before July 1,
2004;
On page 8, subdivision 10.2.b. after the words "shall
complete" by striking out the words "twenty-four (24)" and
inserting in lieu thereof the word "required";
On page 8, subdivision 10.2.b. after the words
"certification period" by adding a new sentence to read as
follows:
"Class 1 operators are required to complete twelve (12)
continuing education hours and Class 11 and higher
classifications must complete twenty-four (24) continuing
education hours.";
And,
On page 14, in the note at the end of the chart after the word "for" by striking out the words "Class I" and inserting in
lieu thereof the words "Class II".
(b) The legislative rule filed in the state register on the
thirtieth day of August, two thousand, authorized under the
authority of section five, article five-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,
two thousand one, relating to the division of health (nursing
home licensure, 64 CSR 13), is authorized.
(c) The legislative rule filed in the state register on the
thirtieth day of August, two thousand, authorized under the
authority of section four, article one, chapter sixteen of this
code, relating to the division of health (radiological health,
64 CSR 23), is authorized.
(d) The legislative rule filed in the state register on the
seventh day of June, two thousand, authorized under the
authority of section two, article twenty-two-a, 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-ninth day of August,
two thousand, relating to the division of health (newborn
hearing screening, 64 CSR 24), is authorized.
(e) The legislative rule filed in the state register on the
twenty-ninth day of August, two thousand, authorized under the
authority of section twenty-three, article four-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 twelfth day of
December, two thousand, relating to the division of health
(specialized multi-patient medical transport, 64 CSR 29), is
authorized.
(f) The legislative rule filed in the state register on the
thirtieth day of August, two thousand, authorized under the
authority of section four, article thirty-seven, 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 fifteenth day of December,
two thousand, relating to the division of health (body piercing
studio business, 64 CSR 80), is authorized.
(g) The legislative rule filed in the state register on the
twenty-ninth day of August, two thousand, authorized under the
authority of section two, article thirty-six, 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 twelfth day of December,
two thousand, relating to the division of health (needlestick
injury prevention, 64 CSR 82), is authorized with the following
amendments:
On page 3, subdivision 4.1.d. after the colon by adding the
words 'Provided, That the requirements of the Occupational
Exposure to Bloodborne Pathogens; Needlesticks and Other Sharps
Injuries; Final Rule, 29 CFR Part 1910, www.osha-
slc.gov/needlesticks/index.html, attached hereto as Appendix 1
are met.';
On page 6, subsection 6.2 after the word 'Health' by
striking out the word 'and';
On page 6, subsection 6.2 after the word 'Affairs' by
adding the words 'and product usage experience of hospitals.';
On page 8, section 10, before the word 'Sharps' by adding the numbers '10.1.';
And,
On page 8, section 10, at the end of the newly numbered
subsection 10.1 by adding a new subsection 10.2 to read as
follows:
10.2. The division of health, shall as part of its review
of sharps injury logs determine whether injuries have occurred
due to a lack of sharps containers. The division will report
any noncompliance with the sharps containers requirement to the
Office of Health Facilities Certification and Licensure."
§64-5-2. Division of human services.
The legislative rule filed in the state register on the
thirtieth day of August, two thousand, under the authority of
section two, article two-b, chapter forty-nine of this code,
modified by the division of human services to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-second day of
February, two thousand one, relating to the division of human
resources (child placing agencies licensure, 78 CSR 2), is
authorized with the following amendments:
On page 2, subsection 3.20. after the words "or the" by
striking out the words Department of Military Affairs and Public
Safety" and inserting in lieu thereof the words "Division of
Juvenile Services";
On page 10, paragraph 6.6.a.1. after the word "race" by
striking out the word "religion" and inserting in lieu thereof
the words "biological family's religious preference, if any";
On page 22, section heading 9.5. by striking out the word
"Religion" and inserting in lieu thereof the words "Religious
preferences";
On page 23, subsection 9.5.a. after "orientation" by adding
the words "if any,";
On page 23, subsection 9.5.b. after the word "religious" by
striking out the word "practices" and inserting in lieu thereof
the words "preferences, if any,";
On page 23, subsection 9.5.c. after the word "child" by
adding a comma and the words "if any" and a comma';
On page 23, subsection 9.5.c. after the word "choice" by
adding the words "if he or she expresses one"; and,
On page 27, by striking paragraph 10.5.f.4. and renumbering the remaining paragraphs; and,
On page 27, paragraph 10.5.f.5., re-numbered as paragraph
10.5.f.4., after the words "special interests", by inserting the
words "religious preferences if any"; and,
On page 33, subdivision 12.2.n. after the word "Code" by
striking out the numbers and words "49-4-1 et seq." and
inserting in lieu thereof the numbers and words "48-4-1 et
seq.";
On page 33, section heading 13.1. by striking out the words
"Character and Personal Requirements." and inserting in lieu
thereof the words "Personal Characteristics.";
On page 33, subsection 13.1.a. by striking out the period
and adding the words "and shall provide verification of marital
status, if applicable, upon request.";
On page 33, subsection 13.1.d. by striking out the words
"that includes his or her" and inserting in lieu thereof the
words "in his or her own words which may include";
On page 33, paragraph 13.1.d.4. after the word "beliefs" by
adding a comma and the words "if any" and a comma;
On page 33, paragraph 13.1.d.5. by striking out the paragraph in its entirety and renumbering the remaining
paragraphs;
On page 34, subsection 13.3. by striking out the subsection
in its entirety and renumbering the remaining subsections;
On page 35, subdivision 13.7.c., re-numbered as subdivision
13.6.c., after the words "household member has any", by striking
out the words "arrests or"; and,
And,
On page 42, subdivision 22.1.a. after the word "Code" by
striking out the numbers and words "§49-4-1 et seq. and §49-4A-1
et seq." and inserting in lieu thereof the numbers and words
"§48-4-1 et seq. and §48-4A-1 et seq."
§64-5-3. Support enforcement commission.
(a) The legislative rule filed in the state register on the
twenty-ninth day of August, two thousand, authorized under the
authority of section nine, article two, chapter forty-eight-a of
this code, relating to the support enforcement commission
(obtaining support from federal and state income tax refunds, 97
CSR 3), is authorized.
(b) The legislative rule filed in the state register on the twenty-ninth day of August, two thousand, authorized under the
authority of section nine, article two, chapter forty-eight-a of
this code, relating to the support enforcement commission
(interstate income withholding, 97 CSR 4), is authorized.
(c) The legislative rule filed in the state register on the
twenty-ninth day of August, two thousand, authorized under the
authority of section nine, article two, chapter forty-eight-a of
this code, relating to the support enforcement commission
(termination of income withholding, 97 CSR 11), is authorized.