HB4139 S JUD AM #1
LAZELL 7873
The Committee on the Judiciary moved to amend the bill by striking out everything after the enacting section and inserting in lieu thereof the following:
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:
Ҥ194-4-3. 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.
Adopted
Rejected