SB 398 Text

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ENROLLED
COMMITTEE SUBSTITUTE
FOR

Senate Bill No. 398
(Senators Minard, Fanning, Prezioso,
Unger, Boley and Facemyer, original sponsors)
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[Passed March 8, 2008; 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 Department of Health and Human Resources and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; 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 food establishments ; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to water wells ; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to water well design standards; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to hospice licensure ; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to the regulation of opioid treatment programs; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to the newborn screening system; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to clandestine drug laboratory remediation; and authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to emergency medical services.

Be it enacted by the Legislature of West Virginia:
That article 5, chapter 64 of the Code of West Virginia, 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 the twenty-seventh day of July, two thousand seven, 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 the seventh day of December, two thousand seven, relating to the Department of Health and Human Resources (food establishments, 64 CSR 17), is authorized.
(b)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 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 the nineteenth day of December, two thousand seven, relating to the Department of Health and Human Resources (water wells, 64 CSR 19), is authorized.
(c)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 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 the seventh day of December, two thousand seven, relating to the Department of Health and Human Resources (water well design standards, 64 CSR 46), is authorized.
(d)The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section five, article five-I, 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 the sixth day of December, two thousand seven, relating to the Department of Health and Human Resources (hospice licensure, 64 CSR 54), is authorized.
(e)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 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 the sixth day of December, two thousand seven, relating to the Department of Health and Human Resources (regulation of opioid treatment programs, 64 CSR 90), is authorized.
(f)The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section three, article twenty-two, 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 the seventh day of December, two thousand seven, relating to the Department of Health and Human Resources (newborn screening system, 64 CSR 91), is authorized.
(g) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section three, article eleven, 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 the seventh day of December, two thousand seven, relating to the Department of Health and Human Resources (clandestine drug laboratory remediation, 64 CSR 92), is authorized.
(h)The legislative rule filed in the state register on the twenty-eighth day of July, two thousand six, authorized under the authority of section fourteen, article four-C, chapter sixteen of this code, authorized for promulgation by the Legislature on the tenth day of March two thousand seven, and refiled in the state register on the eighteenth day of April, two thousand seven, relating to the Department of Health and Human Resources (emergency medical services, 64 CSR 48), is authorized with the following amendment:
On page eighteen, by striking out all of subparagraph 9.1.a.2.B. and renumbering the remaining subparagraphs.

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