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1 - GENERAL LEGISLATIVE AUTHORIZATI

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2 - AUTHORIZATION FOR DEPARTMENT OF

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3 - AUTHORIZATION FOR DEPARTMENT OF

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4 - AUTHORIZATION FOR DEPARTMENT OF

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5 - AUTHORIZATION FOR DEPARTMENT OF

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6 - AUTHORIZATION FOR DEPARTMENT OF

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7 - AUTHORIZATION FOR DEPARTMENT OF

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10 - AUTHORIZATION FOR BUREAU OF C

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11 - TECHNICAL CORRECTIONS TO THE

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CHAPTER 64. LEGISLATIVE RULES.
ARTICLE 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND BOARDS TO PROMULGATE LEGISLATIVE RULES. §64-9-1. Board of Dental Examiners.

     The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand eleven, authorized under the authority of section eighteen, article four-a, chapter thirty, of this code, modified by the Board of Dental Examiners to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-first day of October, two thousand eleven, relating to the Board of Dental Examiners (fees established by the Board, 5 CSR 3), is authorized, with the following amendments:

     On page one, subsection 2.1., by striking out all of subsection 2.1. and inserting in lieu thereof a new subsection 2.1. to read as follows:

     2.1. Dental Licensure Application $185.00;

     On page one, subsection 2.8., by striking out all of subsection 2.8. and inserting in lieu thereof a new subsection 2.8. to read as follows:

     2.8.Annual Information & Renewal fee for a Dentist $185.00;

     On page one, subsection 4.1., by striking out all of subsection 4.1. and inserting in lieu thereof a new subsection 4.1. to read as follows:

     4.1. Dental Hygiene Licensure Application$75.00;

     On page two, subsection 4.7., by striking out all of subsection 4.7. and inserting in lieu thereof a new subsection 4.7. to read as follows:

     4.7. Annual Information & Renewal fee for a Dental Hygienist $75.00;

     On page two, subsections 4.8. through 4.15., by striking out all of subsections 4.8. through 4.15. and inserting in lieu thereof new subsections, designated subsections 4.8. through subsection 4.16. to read as follows:

4.8 Annual Information & Renewal fee for a Dental Hygienist employed by a public health agency $65.00

     4.9. Local Anesthesia Certificate Application fee $50.00

4.10. Nitrous Oxide Monitoring Certificate Application fee $50.00

     4.11. Bleaching Certificate Application fee$25.00

     4.12. General Supervision Application fee$100.00

     4.13. Public Health Practice Application fee$25.00

     4.14. Annual Renewal fee of Local Anesthesia Certificate      $25.00

     4.15. Annual Renewal fee of General Supervision Certificate      $50.00

4.16. Annual Renewal fee of Public Health Practice Certificate $25.00;

     On page two, subsection 7.2., by striking out all of subsection 7.2. and inserting in lieu thereof a new subsection 7.2. to read as follows:

     7.2. Class Two Certification Renewal Fee$15.00;

     And,

     On page two, subsection 7.6., by striking out all of subsection 7.6. and inserting in lieu thereof a new subsection 7.6. to read as follows:

     7.6. Qualified Monitor Annual Renewal Fee$25.00; §64-9-2. Board of Accountancy.

     The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand eleven, authorized under the authority of section five, article nine, chapter thirty of this code, relating to the Board of Accountancy (the Board and rules of professional conduct, 1 CSR 1), is authorized. §64-9-3. Massage Therapy Licensure Board.

     (a) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand eleven, authorized under the authority of section six, article thirty-seven, chapter thirty, of this code, relating to the Massage Therapy Licensure Board (general provisions, 194 CSR 1), is authorized.

     (b) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand eleven, authorized under the authority of section six, article thirty-seven, chapter thirty, of this code, relating to the Massage Therapy Licensure Board (schedule of fees, 194 CSR 4), is authorized, with the following amendment:

     On page 1, at the end of the rule, by adding thereto a new section, designated section 3, to read as follows:

     "§194-4-3. Expiration of fee increases.

     The fee increases enacted by emergency rule in 2011 and by legislative rule in 2012 will expire as of July 1, 2014.". §64-9-4. Board of Medicine.

     The legislative rule filed in the State Register on the twelfth day of July, two thousand eleven, authorized under the authority of section fifteen, article three, chapter thirty, of this code, relating to the Board of Medicine (formation and approval of professional limited liability companies, 11 CSR 7), is authorized. §64-9-5. Human Rights Commission.

     The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand eleven, authorized under the authority of section eight, article eleven, chapter five of this code, relating to the Human Rights Commission (housing discrimination against persons with disabilities who utilize assistance animals, 77 CSR 9), is authorized. §64-9-6. Auditor.

     The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand eleven, authorized under the authority of section ten-c, article three, chapter twelve, of this code, relating to the State Auditor (transaction fee and rate structure, 155 CSR 4), is authorized, with the following amendment:

     On page one, section three, by striking out all of subsection 3.1 and inserting in lieu thereof the following:

     "3.1. The transaction fee structure and rate shall be in compliance with the following federal Office of Management and Budget Circulars and provisions of the Code of Federal Regulations: Circular No. A-21, "Cost Principles for Educational Institutions" as amended August 29, 1997 May 10, 2004; 2CFR Part 225: Circular No. A-87, "Cost Principles for State, Local, and Indian Tribal Governments" as amended August 29, 1997 August 31, 2005; and Circular A-110, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and other Non-Profit Organizations" as amended August 29, 1997 September 30, 1999. §64-9-7. Department of Agriculture.

     (a) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand eleven, authorized under the authority of section three, article two-b, chapter nineteen, of this code, relating to the Commissioner of Agriculture (inspection of meat and poultry, 61 CSR 16), is authorized.

     (b) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand eleven, authorized under the authority of section four, article one, chapter nineteen, of this code, modified by the Commissioner of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the nineteenth day of October, two thousand eleven, relating to the Commissioner of Agriculture (labeling of imported honey, honey products or honey bee by- products and adulterated honey, honey products or honey bee by- products, 61 CSR 2A), is authorized.

     (c) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand eleven, authorized under the authority of section twelve, article fifteen, chapter nineteen, of this code, modified by the Department of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the nineteenth day of October, two thousand eleven, relating to the Commissioner of Agriculture (nutrient management certification, 61 CSR 6D), is authorized. §64-9-8. Board of Barbers & Cosmetologists.

     (a) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand eleven, authorized under the authority of section six, article twenty-seven, chapter thirty, of this code, relating to the Board of Barbers and Cosmetologists (procedures, criteria and curricula for examinations and licensure of barbers, cosmetologists, manicurists and aestheticians, 3 CSR 1), is authorized.

     (b) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand eleven, authorized under the authority of section six, article twenty-seven, chapter thirty, of this code, modified by the Board of Barbers and Cosmetologists to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twentieth day of September, two thousand eleven, relating to the Board of Barbers and Cosmetologists (licensing schools of barbering and beauty culture, 3 CSR 3), is authorized.

     (c) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand eleven, authorized under the authority of section eleven-a, article twenty-seven, chapter thirty, of this code, relating to the Board of Barbers and Cosmetologists (shampoo assistants, 3 CSR 8), is authorized. §64-9-9. Courthouse Facilities Improvement Authority.

     The legislative rule filed in the State Register on the first day of September, two thousand eleven, authorized under the authority of section three, article twenty-six, chapter twenty- nine, of this code, modified by the Courthouse Facilities Improvement Authority 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 twelve, relating to the Courthouse Facilities Improvement Authority (Courthouse Facilities Improvement Fund, 203 CSR 1 ), is authorized. §64-9-10. Secretary of State.

     (a) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand eleven, authorized under the authority of section three, article three-a, chapter three, of this code, modified by the Secretary of State to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-third day of December, two thousand eleven, relating to the Secretary of State (Vote-by-Mail Pilot Project Phase 2: Voting by Mail, 153 CSR 39), is authorized.

     (b) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand eleven, authorized under the authority of three, article three-a, chapter three, of this code, modified by the Secretary of State to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twelfth day of January, two thousand twelve, relating to the Secretary of State (general management and preservation of state records, 153 CSR 42), is authorized, with the following amendment:

     On page one, subsection 1.5, line ten, following the words "record-keeping systems", by inserting the words "for essential public records created or filed with the West Virginia Secretary of State";

     On page four, subsection 3.1, line twelve, following the words "Archives and History", by striking out the word "division" and inserting in lieu thereof the word "section";

     On page four, subsection 3.2a, line fourteen, following the words "Culture and History", by inserting a comma and the words "Archives and History section";

     And

     On page four, subsection 3.2d, line twenty-five, following the words "Director of Archives", by inserting the words "and History". §64-9-11. Board of Professional Surveyors.

     The legislative rule filed in the State Register on the twelfth day of July, two thousand eleven, authorized under the authority of section six, article thirteen-a, chapter thirty, of this code, modified by the Board of Professional Surveyors 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 eleven, relating to the Board of Professional Surveyors (examination and licensing of professional surveyors in West Virginia, 23 CSR 1), is authorized. §64-9-12. Nursing Home Administrators Licensing Board.

     The legislative rule filed in the State Register on the twenty-eighth day of March, two thousand eleven, authorized under the authority of section six, article twenty-five, chapter thirty, of this code, modified by the Nursing Home Administrators Licensing Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the eighteenth day of October, two thousand eleven, relating to the Nursing Home Administrators Licensing Board (nursing home administrators, 21 CSR 1), is authorized. §64-9-13. Board of Occupational Therapy.

     The legislative rule filed in the State Register on the fourteenth day of July, two thousand eleven, authorized under the authority of section seven, article twenty-eight, chapter thirty, of this code, relating to the Board of Occupational Therapy (fees for services rendered by the Board, 13 CSR 3), is authorized. §64-9-14. Board of Osteopathy.

     The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand eleven, authorized under the authority of section four, article one, chapter thirty, of this code, relating to the Board of Osteopathy (licensing procedures for osteopathic physicians, 24 CSR 1), is authorized. §64-9-15. Board of Pharmacy.

     (a) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand eleven, authorized under the authority of section three hundred one, article three, chapter sixty-a, of this code, relating to the Board of Pharmacy (Uniform Controlled Substances Act, 15 CSR 2), is authorized with the following amendment:

     On page twenty three, subdivision 7.10.1., by striking out the word "full" and inserting in lieu thereof the word "fill".

     (b) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand eleven, authorized under the authority of section three-a, article five, chapter thirty, of this code, relating to the Board of Pharmacy (continuing education for licensure of pharmacists, 15 CSR 3), is authorized.

     (c) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand eleven, authorized under the authority of section nine, article eight, chapter sixty-a, of this code, relating to the Board of Pharmacy (licensure of wholesale drug distributors, 15 CSR 5), is authorized with the following amendment:

     On page three, subsection 3.1, after the words "prescription drugs." by adding the following: Notwithstanding the provisions of W. Va. Code §60A-8-7, the fee for a license for the wholesale distribution of drugs is $750.00.

     (d) The legislative rule filed in the State Register on the ninth day of December, two thousand eleven, authorized under the authority of section thirty, article five, chapter thirty, of this code, relating to the Board of Pharmacy (immunizations administered by pharmacists, 15 CSR 12), is authorized. §64-9-16. Board of Examiners for Speech-Language Pathology and Audiology.
(a) The legislative rule filed in the State Register on the twenty-seventh day of June, two thousand seven, authorized under the authority of section ten, article thirty-two, chapter thirty of this code, modified by the Board of Examiners for Speech-Language Pathology and Audiology to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fifth day of December, two thousand seven, relating to the Board of Examiners for Speech-Language Pathology and Audiology (licensure of speech-pathology and audiology, 29 CSR 1), is authorized with the following amendments:

On page two, section 6.1.b., by striking the word 'five' and reinserting in lieu thereof the word, 'ten';

And,

On page twenty, section 13.11., after the word 'licensure' and the period, by striking out the remainder of the rule.

(b) The legislative rule relating to the Board of Examiners for Speech-Language Pathology and Audiology (Code of Ethics, 29 CSR 5), is authorized as follows:

'

29 CSR 5

West Virginia Board of Examiners for Speech-Language Pathology and Audiology Code of Ethics

§29-5-1. General.
1.1. Scope. - This legislative rule establishes standards of conduct speech-language pathologist or audiologist in the State of West Virginia.

1.2. Authority. - W.Va. Code §30-32-10

1.3. Filing Date. -

1.4. Effective Date. --

1.5. Preamble: The preservation of the highest standards of integrity and ethical principles is vital to the responsible discharge of obligations in the professions of Speech-Language Pathology and Audiology. This code of Ethics sets forth the fundamental principles and rules considered essential to this purpose. Every individual who is licensed by this Board as a Professional, Provisional or a Speech or Audiology Assistant.

§29.5.2. Licensed by this Board as a Professional, Provisional or a Speech or Audiology Assistant.
2.1. Any action that violates the spirit and purpose of this Code shall be considered unethical. Failure to specify any particular responsibility or practice in this Code of Ethics shall not be construed as denial of the existence of such responsibilities or practices.

2.2. The fundamentals of ethical conduct are described by Principles of Ethics and Rules of Ethics as they relate to responsibility to persons served, to the public, and to the professions of speech-language pathology and audiology.

2.3. Principles of Ethics, aspirational and inspirational in nature, form the underlying moral basis for the Code of Ethics. Licensees shall observe these principles as affirmative obligations under all conditions of professional activity. Rules of Ethics are specific statements of minimally acceptable professional conduct or of prohibitions and are applicable to all licensees.

2.4. Principle of Ethics I

2.4.a. Licensees shall honor their responsibility to hold paramount the welfare of persons they serve professionally.

2.4.b. Rules of Ethics

2.4.b.1. Licensees shall provide all services competently.

2.4.b.2. Licensees shall use every resource, including referral when appropriate, to ensure that high-quality service is provided.

2.4.b.3. Licensees shall not discriminate in the delivery of professional services on the basis of race ethnicity, gender, age, religion, national origin, sexual orientation, or disability.

2.4.b.4. Licensees shall fully inform the persons they serve of the nature and possible effects of services rendered and products dispensed.

2.4.b.5. Licensees shall evaluate the effectiveness of services rendered and of products dispensed and shall provide services or dispense products only when benefit can be reasonably expected.

2.4.b.6. Licensees shall not guarantee the results of any treatment or procedure, directly or by implication; however, they may make a reasonable statement of prognosis.

2.4.b.7. Licensees shall not evaluate or treat speech, language, or hearing disorders solely by correspondence.

2.4.b.8. Licensees shall maintain adequate records of professional services rendered and products dispensed and shall allow access to these records when appropriately authorized.

2.4.b.9. Licensees shall not reveal, without authorization, any professional or personal information about the person served professionally, unless required by law to do so, or unless doing so is necessary to protect the welfare of the person or of the community.

2.4.b.10. Licensees shall not charge for services not rendered, nor shall they misrepresent, in any fashion, services rendered or products dispensed.

2.4.b.11. Licensees shall use persons in research or as subjects of teaching demonstrations only with their informed consent.

2.4.b.12. Licensees whose professional services are adversely affected by substance abuse or other health-related conditions shall seek professional assistance and, where appropriate, withdraw from the affected areas of practice.

2.5. Principles of Ethics II

2.5.a.. Licensees shall honor their responsibility to achieve and maintain the highest level of professional competence.

2.5.b. Rules of Ethics

2.5.b.1. Licensees shall engage in the provision of clinical services only when they hold the appropriate license or when they are in the licensure process and are supervised by an individual who holds the appropriate license.

2.5.b.2. Licensees shall engage in only those aspects of the professions that are within the scope of their competence, considering their level of education, training, and experience.

2.5.b.3. Licensees shall continue their professional development throughout their careers.

2.5.b.4. Licensees shall delegate the provision of clinical services only to persons who are licensed or to persons in the education or licensure process who are appropriately supervised. The provision of support services may be delegated to persons who are neither licensed nor in the licensure process only when a license holder provides appropriate supervision.

2.5.b.5. Licensees shall prohibit any of their professional staff from providing services that exceed the staff member's competence, considering the staff member's level of education, training, and experience.

2.5.b.6. Licensees shall ensure that all equipment used in the provision of services is in proper working order and is properly calibrated.

2.6. Principle of Ethics III

2.6.a. Licensees shall honor their responsibility to the public by promoting public understanding of the professions, by supporting the development of services designed to fulfill the unmet needs of the public, and by providing accurate information in all communications involving any aspect of the professions.

2.6.b. Rules of Ethics

2.6.b.1. Licensees shall not misrepresent their credentials, competence, education, training, or experience.

2.6.b.2. Licensees shall not participate in professional activities that constitute a conflict of interest.

2.6.b.3. Licensees shall not misrepresent diagnostic information, services rendered, or products dispensed or engage in any scheme or artifice to defraud in connection with obtaining payment or reimbursement for such services or products.

2.6.b.4. Licensees' statements to the public shall provide accurate information about the nature and management of communication disorders, about the professions, and about professional services.

2.6.b.5. Licensees' statements to the public -- advertising, announcing, and marketing their professional services, reporting research results, and promoting products -- shall adhere to prevailing professional standards and shall not contain misrepresentations.

2.7. Principle of Ethics IV

2.7.a. Licensees shall honor their responsibilities to the professions and their relationships with colleagues, students, and members of allied professions. Licensees shall uphold the dignity and autonomy of the professions, maintain harmonious interprofessional and intraprofessional relationships, and accept the professions' self-imposed standards.

2.7.b. Rules of Ethics

2.7.b.1. Licensees shall prohibit anyone under their supervision from engaging in any practice that violates the Code of Ethics.

2.7.b.2. Licensees shall not engage in dishonesty, fraud, deceit, misrepresentation, or any form of conduct that adversely reflects on the professions or on the licensee's fitness to serve persons professionally.

2.7.b.3. Licensees shall assign credit to only those licensees who have contributed to a publication, presentation, or product. Credit shall be assigned in proportion to the contribution and only with the contributor's consent.

2.7.6.4. Licensee's statements to colleagues about professional services, research results, and products shall adhere to prevailing professional standards and shall contain no misrepresentations.

2.7.b.5. Licensees shall not provide professional services without exercising independent professional judgment, regardless of referral source or prescription.

2.7.b.6. Licensees shall not discriminate in their relationships with colleagues, students, and members of allied professions on the basis of race or ethnicity, gender, age, religion, national origin, sexual orientation, or disability.

2.7.b.7. Licensees who have reason to believe that the Code of Ethics has been violated shall inform the West Virginia Board of Examiners.

2.7.b.8. Licensees shall cooperate fully with the West Virginia Board of Examiners in its investigation and adjudication of matters related to this Code of Ethics.'.
§64-9-17. Board of Veterinary Medicine.
The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section four, article ten, chapter thirty of this code, modified by the Board of Veterinary Medicine to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fourth day of January, two thousand eight, relating to the Board of Veterinary Medicine (the registration of veterinary technicians, 26 CSR 3), is authorized.