H. B. 3156


(By Delegates Hall and Paxton)
[Introduced February 21, 2003; referred to the
Committee on the Judiciary then Finance.]




A BILL to amend article six, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-two-b, relating to people with medically restrictive diets; requiring establishments serving prepared food to the public for consumption to allow people with special dietary restrictions to bring certain foods with them; and providing for physicians letter and the issuance of a restricted diet card.

Be it enacted by the Legislature of West Virginia:
That article six, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section twenty-two-b, to read as follows:
ARTICLE 6. HOTELS AND RESTAURANTS.
§16-6-22b. Service for persons with medically restrictive diets.

Any establishment regulated pursuant to this article shall allow any person on a medically restrictive diet to bring to the restaurant foods that comply with that diet if he or she presents proof of the medically restricted diet in the form of a letter from the treating physician or present a card issued by the director of health or a county board of health identifying him or her as being on a medically restrictive diet as provided herein.
The state director of health or any county board of health may issue a medically restrictive diet card to any person providing proof in the nature of a letter from their treating physician that the person is restricted as to the kinds of food he or she may consume as the result of a medical condition. The director or county board of health may charge a fee of not more than two dollars to issue or renew the card. The card shall be valid for a period of five years and may be renewed.



NOTE: The purpose of this bill is to require establishments serving prepared food to the public for consumption to allow people with special dietary restrictions to bring certain foods with them. The bill also provides for the verification of dietary restrictions by providing for a physician's letter and the issuance of a restricted diet card.
This section is new; therefore, strike-throughs and underscoring have been omitted.