ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 195
(Senators Minard, Fanning, Prezioso,
Unger, Boley and Facemyer, original sponsors)
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[Passed April 9, 2009; in effect from passage.]
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AN ACT to amend and reenact article 5, chapter 64 of the Code of
West Virginia, 1931, 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 rule
with various modifications presented to and recommended by the
Legislative Rule-Making Review Committee; 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 the Department of Health and Human
Resources to promulgate a legislative rule relating to public
water systems;
authorizing the Department of Health and Human
Resources to promulgate a legislative rule relating to
licensure of medical adult day care centers
;
authorizing the
Department of Health and Human Resources to promulgate a
legislative rule relating to tuberculosis testing, control
treatment and commitment
;
authorizing the Commission for the
Deaf and Hard of Hearing to promulgate a legislative rule
relating to the establishment of required qualifications and
ethical standards for interpreters and transliterators
; and
authorizing the Division of Human Services to promulgate a
legislative rule relating to child care center licensing.
Be it enacted by the Legislature of West Virginia:
That article 5, chapter 64 of the Code of West Virginia, 1931,
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. Department of Health and Human Resources.
(a) The legislative rule filed in the State Register on August
28, 2008, 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 October 27, 2008, 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 August
27, 2008, authorized under the authority of section eight, article
five-b, 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 17, 2008, relating to the Department of Health
and Human Resources (licensure of medical adult day care centers,
64 CSR 2), is authorized with the following amendments:
On page five, section three, by inserting a new subsection,
designated 3.39, to read as follows:
3.39. Substantial compliance. The Medical Adult Day Care
Center has no violation of which, as the secretary determines,
would present an imminent danger to the health, safety or welfare
of any resident or a probability that death or serious physical
harm could result, and has no ongoing violation of a regulation
where there is a direct or immediate relationship to the health,
safety or welfare of the resident(s).;
And renumbering the remaining subsections;
On page twenty-three, section eight, by striking out all of
8.4.a and inserting in lieu thereof a new 8.4.a, to read as
follows:
8.4.a. The licensee shall ensure that all participant care
and treatment is provided by appropriate individuals as required by
state and federal law.;
And,
On page thirty, section fourteen, by striking out all of
subsection 14.1 and inserting in lieu thereof a new subsection
14.1, to read as follows:
14.1. The Secretary may suspend or revoke a medical adult day
care center license according to the provision of Chapter 16,
Article 5B, Section 6 of the West Virginia Code.
(c)
The legislative rule filed in the State Register on August
28, 2008, authorized under the authority of section nine, article
three-d, 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 October 27, 2008, relating to the Department of Health
and Human Resources (tuberculosis testing, control treatment and
commitment, 64 CSR 76), is authorized.
§64-5-2. Commission for the Deaf and Hard of Hearing.
The legislative rule filed in the State Register on August 27, 2008, authorized under the authority of section five, article
fourteen, chapter five of this code, modified by the Commission for
the Deaf and Hard of Hearing to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on October 21, 2008, relating to the Commission for the
Deaf and Hard of Hearing (establishment of required qualifications
and ethical standards for interpreters and transliterators, 192 CSR
3), is authorized.
§64-5-3. Division of Human Services.
The legislative rule filed in the State Register on August 26,
2008, authorized under the authority of section four, article two-
b, chapter forty-nine of this code, modified by the Division of
Human Services to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the State Register on
November 21, 2008, relating to the Division of Human Services
(child care center licensing, 78 CSR 1), is authorized.