Senate Bill No. 340

(By Senators Ross, Anderson, Minard, Snyder, Unger and Minear)

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[Introduced March 2, 2001; referred to the

Committee on Health and Human Resources; and then to the Committee on the Judiciary.]

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A BILL to amend and reenact section two, article five, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the division of health to promulgate a legislative rule relating to nursing home licensure.

Be it enacted by the Legislature of West Virginia:

That section two, 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.

§64-5-2. State board of health; division of health.

(a) The legislative rule filed in the state register on the sixth day of August, one thousand nine hundred ninety-nine, authorized under the authority of section one, article nine, chapter twenty-seven of this code, modified by the division of health to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-ninth day of December, one thousand nine hundred ninety-nine, relating to the division of health (behavioral health centers licensure, 64 CSR 11), is authorized.

(b) The legislative rule filed in the state register on the sixth day of August, one thousand nine hundred ninety-nine, authorized under the authority of section
five, article five-d, 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 October, one thousand nine hundred ninety-nine, relating to the division of health (personal care homes, 64 CSR 14), is disapproved and not authorized for promulgation.
(c) The legislative rule filed in the state register on the fourth day of August, one thousand nine hundred ninety-nine, authorized under the authority of section seven, article one, chapter sixteen of this code, modified by the division of health to meet the objections of the legislative rule-making review committee and refiled in the state register on the twentieth day of January, two thousand, relating to the division of health (food establishments, 64 CSR 17), is authorized with the following amendments:

"On page one, section 2.1.a., at the end of the sentence, by inserting the words 'and the definition of "whole-muscle, intact beef" in subparagraph 1-201.10(B)(94)';

On page two, section 2.1.b., after the words 'Chapter 2' by inserting a comma and the words "except for paragraph 2-103.11(H), Persons In Charge;"

On page two, section 2.1.c. after the word "paragraphs" by inserting "3-201.11(E), Compliance With Food Law,";

On page two, section 2.1.c. after the words "3- 401.11(D)(2)" by striking out the words "Cooking of";

On page two, section 2.1.c. after the words "section 3- 603.11" by striking out the words "Consumer Advisory" and inserting in lieu thereof the words "Consumption of Animal Foods that are Raw, Undercooked, or Not Otherwise Processed to Eliminate Pathogens";

On page three, section 2.1.i.1.C., after the words 'in compliance with', by striking out the words 'Chapter 6' and inserting in lieu thereof the words 'Chapter 16';

On page five, section 5.3, in two places, by striking out the words 'subsection 5.3' and inserting in lieu thereof the words 'subsection 5.4'; and,

On page six, line three, immediately preceding the words 'Food Establishment Advisory Board', by striking
out the words '§16-17-6' and inserting in lieu thereof the words '§64-17-6'."
(d) The legislative rule filed in the state register on the fourth day of August, one thousand nine hundred ninety-nine, authorized under the authority of section 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 twenty-second day of October, one thousand nine hundred ninety-nine, relating to the division of health (fire department rapid response services, 64 CSR 44), is authorized with the following amendment:

"On page seven, following subsection 5.9, by inserting a new subsection, designated subsection 5.10, to read as follows:

'5.10. Public Access. Each fire department rapid response system shall provide for a publicly listed telephone number to receive calls for service from the public within its regular operating area, except as specified in subdivision 5.10.b of this rule.

5.10.a. The number shall be answered on a twenty-four- hour basis.

5.10.b. Exception. Any fire department rapid response system that, according to its written policy, does not respond to calls from the general public but responds only to calls from a unique population, such as the population of a state institution, an industrial plant, between specified health care facilities, or a university, is not required to provide a publicly listed telephone number. The agency shall provide for a telephone number and shall make that number known to the unique population it services. The number shall be required to be answered during all periods when that population may require service.'"

(e) The legislative rule filed in the state register on the first day of December, one thousand nine hundred ninety-eight, authorized under the authority of section eight, article three-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 twenty-ninth day of April, one thousand nine hundred ninety-nine, relating to the division of health (AIDS- related medical testing and confidentiality, 64 CSR 64), is authorized with the following amendment:
"On page six, subsection 5.1, following the words 'initial period of time', by striking the words 'not to exceed three (3) months'."

(f) The legislative rule filed in the state register on the fourth day of August, one thousand nine hundred ninety-nine, authorized under the authority of section two-a, article five-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-second day of October, one thousand nine hundred ninety-nine, relating to the division of health (cancer registry, 64 CSR 68), is authorized with the following amendment:

"On page five, immediately following subsection 5.4, by
adding a new subsection, designated subsection 5.5, to read as follows:
'5.5. The West Virginia Cancer Registry may release case data to cancer researchers for the purposes of cancer prevention, control and research.'"

(g) The legislative rule filed in the state register on the fourth day of August, one thousand nine hundred ninety-nine, authorized under the authority of section nine, 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-ninth day of December, one thousand nine hundred ninety-nine, relating to the division of health (behavioral health consumer rights, 64 CSR 74), is authorized.

(h) The legislative rule filed in the state register on the fifth day of August, one thousand nine hundred ninety-nine, authorized under the authority of section nine-a, article one, chapter sixteen of this code,
modified by the division of health to meet the objections of the legislative rule-making review committee and refiled in the state register on the nineteenth day of January, two thousand, relating to the division of health (public water systems design standards, 64 CSR 77), is authorized.
(i) 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.


NOTE: The purpose of this bill is to authorize the Division of Health to promulgate a legislative rule relating to Nursing Home Licensure.


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