
ENGROSSED
Senate Bill No. 652
(By Senators Prezioso, Unger, Boley, Edgell, Ross, Rowe,
Sharpe, Smith and Weeks)
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[Originating in the Committee on Health and Human Resources;
reported February 25, 2003.]
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A BILL to amend and reenact section one, article eight, chapter
twenty-six of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend and reenact
section one, article eleven of said chapter, all relating to
emergency hospitals; and renaming Marion health care hospital
to the John Manchin, Sr., health care center.
Be it enacted by the Legislature of West Virginia:

That section one, article eight, chapter twenty-six of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that section one, article
eleven of said chapter be amended and reenacted, all to read as
follows:
ARTICLE 8. EMERGENCY HOSPITALS.
§26-8-1. Continuation; management; superintendent; qualifications
of superintendent; division of fiscal, administrative and clinical duties; certain persons exempted from qualification
requirements.





(a) The hospitals heretofore established and known,
respectively, as Welch emergency hospital and Fairmont emergency
hospital shall be continued and shall be managed, directed and
controlled as prescribed in article eleven of this chapter:
Provided, That the hospital heretofore known as the Marion health
care hospital
and previously known as Fairmont emergency hospital
shall henceforth be known as the Marion Health Care Hospital John
Manchin, Sr., health care center and any reference in this code to
the Fairmont emergency hospital or to the Marion health care
hospital shall mean the Marion Health Care Hospital John Manchin,
Sr., health care center
. The chief executive officer of each of
said hospitals shall be the superintendent who shall be a college
graduate and have a minimum of two years' experience in either
hospital administration, health services administration or business
administration with broad knowledge of accounting, purchasing and
personnel practices as related to the rendition of health and
health-related services.





(b) A superintendent is the person having the fiscal
responsibility of the hospital and the authority to manage and
administer the financial, business and personnel affairs of the
hospital.





(c) A clinical director is the person having the responsibility for decisions involving clinical and medical
treatment of patients and who shall be a duly qualified physician
licensed to practice medicine in the state of West Virginia.





(d) The provisions of this section relating to the
qualification of persons eligible to serve as superintendent shall
not apply to any person serving in the capacity of business manager
on the effective date hereof and who has served in such capacity
for at least six consecutive months next preceding such effective
date.
ARTICLE 11. STATE EXTENDED CARE AND EMERGENCY FACILITIES.
§26-11-1. Management by director of health.





The director of health or his or her successor shall manage,
direct, control and govern the Andrew S. Rowan memorial home,
Denmar hospital, heretofore established and known as Denmar state
hospital, Hopemont hospital, heretofore known as Hopemont state
hospital, Pinecrest hospital, Marion Health Care Hospital John
Manchin, Sr., health care center
heretofore known as Fairmont
Emergency Hospital Marion health care hospital
and Welch emergency
hospital and such other state health care facilities as are or may
hereafter be created by law.





The director shall designate the functions of each facility
and prescribe guidelines for the admission of persons thereto,
pursuant to rules promulgated by the board of health, and shall
supervise the business, personnel and clinical responsibilities of
each facility: Provided, That in prescribing admission guidelines, precedence shall be given to persons unable to pay therefor.