
ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4205
(By Delegates Mahan, Wills, Cann, Kominar,
Faircloth and Riggs)
[Passed March 9, 2002; in effect from passage.]
AN ACT
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 bureau for public health to
promulgate legislative rule relating to design standards for
swimming pools; authorizing bureau for public health to
promulgate legislative rule relating to public water systems;
authorizing bureau for public health to promulgate legislative
rule relating to public water systems operators; authorizing
bureau for public health to promulgate legislative rule
relating to reportable diseases, events and conditions;
authorizing bureau for public health to promulgate legislative
rule relating to recreational water facilities; authorizing
bureau for public health to promulgate legislative rule
relating to emergency medical services; authorizing bureau for
public health to promulgate legislative rule relating to birth
score program; and authorizing bureau for public health to
promulgate legislative rule relating to Alzheimer/dementia
special care units and programs.
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. Bureau of health.
(a) The legislative rule authorized under the authority of
section four, article one, chapter sixteen, of this code, relating
to the bureau for public health (design standards for swimming
pools, 64 CSR 25), is hereby repealed.
(b) The legislative rule filed in the state register on the
twenty-fifth day of July, two thousand one, authorized under the
authority of section nine-a, article one, chapter sixteen, of this
code, modified by the bureau for public health to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-sixth day of November,
two thousand one, relating to the bureau for public health (public
water systems, 64 CSR 3), is authorized.
(c) The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand one, authorized under the
authority of section four, article one, chapter sixteen of this
code, modified by the bureau for public health to meet the
objections of the legislative rule-making review committee and refiled in the state register on the twenty-sixth day of November,
two thousand one, relating to the bureau for public health (public
water systems operators, 64 CSR 4), is authorized.
(d) The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand one, authorized under the
authority of section twelve, article three, chapter sixteen, of
this code, modified by the bureau for public 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 bureau for public health
(reportable diseases, events and conditions, 64 CSR 7), is
authorized with the following amendments:
On page seven, paragraph 3.5.b.2. after the words "Autism
Spectrum Disorder" by inserting the words "not reported to the
Bureau according to the protocol in the West Virginia Reportable
Diseases Protocol Manual.";
And,
On page seven, paragraph 3.5.b.4. after the word "malignant"
by striking out the word "brain" and inserting in lieu thereof the
words "intracranial and central nervous system".
(e) The legislative rule filed in the state register on the
twenty-fifth day of July, two thousand one, authorized under the authority of section four, article one, chapter sixteen, of this
code, modified by the bureau for public 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 bureau for public health
(recreational water facilities, 64 CSR 16), is authorized.
(f) The legislative rule filed in the state register on the
thirty-first day of July, two thousand one, authorized under the
authority of section twenty-three, article four-c, chapter sixteen,
of this code, modified by the bureau for public health to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the eleventh day of January, two
thousand two, relating to the bureau for public health (emergency
medical services, 64 CSR 48), is authorized.
(g) The legislative rule filed in the state register on the
twentieth day of July, two thousand one, authorized under the
authority of section four, article twenty-two-b, chapter sixteen,
of this code, modified by the bureau for public health to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the sixteenth day of August, two
thousand one, relating to the bureau for public health (birth score
program, 64 CSR 83), is authorized.
(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 bureau for public 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 bureau for public health
(Alzheimer/dementia special care units and programs, 64 CSR 85), is
authorized.