Senate Bill No. 358
(By Senators Ross, Anderson, Minard,
Snyder, Boley and Minear)
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[Introduced January 25, 2002; referred to the
Committee on Health and Human Resources; then to the Committee
on Finance;
and then to the Committee on the Judiciary.]
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A BILL to amend and reenact section one, 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 alzheimer/dementia special care units and programs.
Be it enacted by the Legislature of West Virginia:
That section one, 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 nontransient noncommunity 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 nontransient
noncommunity";
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
nontransient noncommunity 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 with the following
amendments:
"On page 14 of the rule, subdivision 3.10.a., following the
word 'The' by striking the words 'nursing home' and inserting in
lieu thereof the word "director."
And,
On page 82 of the rule, subdivision 15.3.c., by following
the words "been sited, the" by striking the words "nursing home" and inserting in lieu thereof the word "director.".
(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."
(h) The legislative rule filed in the state register on the
twenty-fourth day of July, two thousand one, authorized under
the authority of section five, article five-r, 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-first day of
November, two thousand one, relating to the division of health
(alzheimer/dementia special care units and programs, 64 CSR 85),
is authorized.
NOTE: The purpose of this bill is to authorize the Division
of Health to promulgate a legislative rule relating to
Alzheimer/Dementia Special Care Units and Programs.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.