(a) The legislative rule filed in the State Register on July 29, 2011, authorized under the authority of section four, article one, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 1, 2011, relating to the Department of Health and Human Resources (public water systems, 64 CSR 3), is authorized.
(b) The legislative rule filed in the State Register on July 29, 2011, authorized under the authority of section four, article one, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 30, 2011, relating to the Department of Health and Human Resources (public water systems operators, 64 CSR 4), is authorized with the following amendments:
On page three, subsection 3.23., after the words "Water Distribution" by inserting the word "System";
And,
On page six, subdivision 5.5.c., by striking out the word "subsection" and inserting in lieu thereof the word "subdivision".
(c) The legislative rule filed in the State Register on July 29, 2011, authorized under the authority of section four, article one, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 30, 2011, relating to the Department of Health and Human Resources (wastewater systems and operations, 64 CSR 5), is authorized with the following amendments:
On page three, subsection 3.26., by striking out the words "West Virginia Department of Environmental Protection (WVDEP)" and inserting in lieu thereof "WV DEP";
On page four, subdivision 4.1.e., by striking out the word "Extended" and inserting in lieu thereof the words "This class includes extended";
On page five, by striking out "5.4.a.2." and inserting in lieu thereof "5.4.a.1.A.";
On page five, by striking out "5.4.a.3." and inserting in lieu thereof "5.4.a.1.B.";
On page seven, subsection 6.2., after the words "based on" by inserting the words "his or her";
On page nine, subdivision 7.7.a., by striking out the word "requirement" and inserting in lieu thereof the word "requirements";
On page ten, subsection 10.1., by striking out the word "applications" and inserting in lieu thereof the word "application";
On page ten, subsection 10.4., by striking out the word "Applicant" and inserting in lieu thereof the words "An applicant";
On page eleven, subdivision 12.1.d., after the word "one" by inserting "(1)";
On page twelve, subdivision 12.1.g., after the word "three" by inserting "(3)";
On page twelve, subdivision 12.1.h., after the words "with this rule," by inserting the word "an";
On page twelve, subdivision 12.1.h., line eight, following the words "under this rule shall", by striking out the word "take" and inserting in lieu thereof "complete";
On page twelve, subdivision 12.1.h., line ten, following the words "advanced certified operator",by inserting the words "without examination";
And,
On page fifteen, Table 64-5B, in the row beginning with the word "Advanced", under the column heading labeled "Education", following the words "Commissioner-approved training course" by striking out the words "& passing the Advanced exam".
(d) The legislative rule filed in the State Register on July 29, 2011, authorized under the authority of section three, article five, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 1, 2011, relating to the Department of Health and Human Resources (vital statistics, 64 CSR 32), is authorized.
(e) The legislative rule filed in the State Register on July 29, 2011, authorized under the authority of section four, article one, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 1, 2011, relating to the Department of Health and Human Resources (manufactured home communities, 64 CSR 40), is authorized with the following amendments:
On page four, by striking out all of subdivision 5.1.5. and inserting in lieu thereof a new subdivision 5.1.5., to read as follows:
"5.1.5. The Commissioner shall deny a permit if the information on the application form, plans or specifications is incomplete, inaccurate, false or misleading, or indicates that the application provisions of this rule cannot be met. A permit to construct shall be issued or denied within forty-five (45) days of receipt of the completed application. Reasons for denial shall be in writing.";
And,
On page four, by striking out all of paragraph 5.1.5.a.
(f) The legislative rule filed in the State Register on July 29, 2011, authorized under the authority of section four, article one, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 1, 2011, relating to the Department of Health and Human Resources (AIDS-related medical testing and confidentiality, 64 CSR 64), is authorized with the following amendments:
On page four, by striking out all of paragraph 4.1.d.4. and inserting in lieu thereof a new paragraph 4.1.d.4., to read as follows:
"4.1.d.4. It is recommended that health care providers test women as early as possible during each pregnancy. Women who decline the test early in prenatal care may be encouraged to be tested at subsequent visits.";
On page five, by striking out all of subdivision 4.2.c. and inserting in lieu thereof a new subdivision 4.2.c. to read as follows:
"4.2.c. If the pregnant woman's HIV status is unknown at the time she presents for delivery, an HIV test shall be offered and if she refuses the test, the infant may be tested and the mother shall be informed of the testing and the results.";
On page six, by striking out all of paragraph 4.2.c.1.; On page six, by striking out all of paragraph 4.2.c.2;
On page six, by striking out "4.2.c.3." and inserting in lieu thereof "4.2.c.1.";
On page six, by striking out "4.2.c.4." and inserting in lieu thereof "4.2.c.2.";
On page six, by striking out all of paragraph 4.3.b.1. and inserting in lieu thereof a new paragraph 4.3.b.1, to read as follows:
"4.3.b.1. A court shall order a defendant charged with an offense set forth in subdivision two, subsection f, section two, article three-c, chapter sixteen of the code, to undergo an oral test for HIV test not later than 48 hours after the date on which the information or indictment is presented";
On page six, by striking out all of paragraph 4.3.b.3. and inserting in lieu thereof a new paragraph 4.3.b.3, to read as follows:
"4.3.b.3. Follow-up tests for HIV are authorized as may be medically appropriate, and the results of any follow-up tests shall be made available in accordance with paragraph 4.3.b.2, as soon as practicable.";
And,
On page seven, by striking out all of subsection 5.3.
(g) The legislative rule filed in the State Register on July 29, 2011, authorized under the authority of section four, article one, chapter sixteen of this code, relating to the Department of Health and Human Resources (public water systems design standards, 64 CSR 77), is authorized with the following amendments:
On page seven, after subdivision 3.3.d., by inserting a new subsection, designated subsection 3.4., to read as follows:
"3.4. Specifications - The applicant or the applicant's engineer shall supply complete, detailed technical specifications for the proposed project, including: pipe, valves and other building materials; a program for keeping existing public water system facilities in operation during construction of additional facilities so as to minimize interruption of service; laboratory facilities and equipment; the number and design of chemical feeding equipment; and materials or proprietary equipment for sanitary or other facilities including any necessary backflow or backsiphonage protection.";
On page eleven, by striking out "§65-77-5." and inserting in lieu thereof "§64-77-5.";
On page thirty-five, paragraph 6.3.h.2., after the words "at a minimum," by inserting the word "of";
On page forty, paragraph 6.4.g.1., by striking out the word "led" and inserting in lieu thereof the word "lead";
On page forty-five, paragraph 6.4.i.2., by striking out the word "devise" and inserting in lieu thereof the word "device";
On page sixty-seven, paragraph 7.5.d.2., by striking out the word "shallbe" and inserting in lieu thereof the words "shall be";
And,
On page sixty-seven, paragraph 7.5.e.3., by striking out the word "serve" and inserting in lieu thereof the word "severe". Note: WV Code updated with legislation passed through the 2012 1st Special Session
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