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Chapter 16     Entire Code
‹ Chapter 15  |  Chapter 17 › Printer Friendly Versions
Chapter 16  |  Article 16 - 2M

1 - STATE PUBLIC HEALTH SYSTEM

1A - UNIFORM CREDENTIALING FOR HEAL

1B - SKILLED NURSING FACILITIES FOR

1C - HEALTH CARE PROVIDER TRANSPARE

2 - LOCAL BOARDS OF HEALTH

2A - ALTERNATIVE METHOD OF ORGANIZI

2B - FAMILY PLANNING AND CHILD SPAC

2C - HOME HEALTH SERVICES

2D - CERTIFICATE OF NEED

2E - BIRTHING CENTERS

2F - PARENTAL NOTIFICATION OF ABORT

2G - SPECIAL SUPPLEMENTARY FOOD PRO

2H - PRIMARY CARE SUPPORT PROGRAM

2I - WOMEN'S RIGHT TO KNOW ACT

2J - PREVENTIVE CARE PILOT PROGRAM

2K - PROGRAMS OF ALL-INCLUSIVE CARE

2L - PROVIDER SPONSORED NETWORKS

2M - THE PAIN CAPABLE UNBORN CHILD
    16 - 2 M- 1
    16 - 2 M- 2
    16 - 2 M- 3
    16 - 2 M- 4
    16 - 2 M- 5
    16 - 2 M- 6
    16 - 2 M- 7

2N - NEONATAL ABSTINENCE CENTERS

2O - UNBORN CHILD PROTECTION FROM

3 - PREVENTION AND CONTROL OF COMMU

3A - REPOSITORY OF INFORMATION ON M

3B - PERTUSSIS

3C - AIDS-RELATED MEDICAL TESTING A

3D - TUBERCULOSIS TESTING, CONTROL,

4 - SEXUALLY TRANSMITTED DISEASES

4A - PRENATAL EXAMINATION

4B - AUTOPSIES ON BODIES OF DECEASE

4C - EMERGENCY MEDICAL SERVICES ACT

4D - AUTOMATED EXTERNAL DEFIBRILLAT

4E - UNIFORM MATERNAL SCREENING ACT

4F - EXPEDITED PARTNER THERAPY

5 - VITAL STATISTICS

5A - CANCER CONTROL

5B - HOSPITALS AND SIMILAR INSTITUT

5C - NURSING HOMES

5D - ASSISTED LIVING RESIDENCES

5E - REGISTRATION AND INSPECTION OF

5F - HEALTH CARE FINANCIAL DISCLOSU

5G - OPEN HOSPITAL PROCEEDINGS

5H - CHRONIC PAIN CLINIC LICENSING

5I - HOSPICE LICENSURE ACT

5J - CLINICAL LABORATORIES QUALITY

5K - EARLY INTERVENTION SERVICES FO

5L - LONG-TERM CARE OMBUDSMAN PROGR

5M - OSTEOPOROSIS PREVENTION EDUCAT

5N - RESIDENTIAL CARE COMMUNITIES

5O - MEDICATION ADMINISTRATION BY U

5P - SENIOR SERVICES

5Q - THE JAMES TIGER MORTON CATASTR

5R - THE ALZHEIMER'S SPECIAL CARE S

5S - OLDER WEST VIRGINIANS ACT

5T - CARE HOME ADVISORY BOARD

5U - ARTHRITIS PREVENTION EDUCATION

5V - EMERGENCY MEDICAL SERVICES RET

5W - WEST VIRGINIA OFFICIAL PRESCRI

5X - CAREGIVER ADVISE, RECORD AND E

5Y - MEDICATION-ASSISTED TREATMENT

6 - HOTELS AND RESTAURANTS

7 - PURE FOOD AND DRUGS

8 - ELECTROLOGISTS

8A - NARCOTIC DRUGS

8B - DANGEROUS DRUGS ACT

9 - OFFENSES GENERALLY

9A - TOBACCO USAGE RESTRICTIONS

9B - IMPLEMENTING TOBACCO MASTER SE

9C - STATE TOBACCO GROWERS' SETTLEM

9D - ENFORCEMENT OF STATUTES IMPLEM

9E - DELIVERY SALES OF TOBACCO

9F - COUNTERFEIT CIGARETTES

10 - UNIFORM DETERMINATION OF DEAT

11 - SEXUAL STERILIZATION

12 - SANITARY DISTRICTS FOR SEWAGE

13 - SEWAGE WORKS AND STORMWATER W

13A - PUBLIC SERVICE DISTRICTS

13B - COMMUNITY IMPROVEMENT ACT

13C - DRINKING WATER TREATMENT REV

13D - REGIONAL WATER AND WASTEWATE

13E - COMMUNITY ENHANCEMENT ACT

14 - BARBERS AND COSMETOLOGISTS

15 - STATE HOUSING LAW

16 - HOUSING COOPERATION LAW

17 - NATIONAL DEFENSE HOUSING

18 - SLUM CLEARANCE

19 - ANATOMICAL GIFT ACT

20 - AIR POLLUTION CONTROL

21 - BLOOD DONATIONS

22 - DETECTION AND CONTROL OF PHEN

22A - TESTING OF NEWBORN INFANTS F

22B - BIRTH SCORE PROGRAM

23 - TRANSFUSION OF BLOOD; TRANSPL

24 - STATE HEMOPHILIA PROGRAM

25 - DETECTION OF TUBERCULOSIS, HI

26 - WEST VIRGINIA SOLID WASTE MAN

27 - STORAGE AND DISPOSAL OF RADIO

27A - BAN ON CONSTRUCTION OF NUCLE

28 - ASSISTANCE TO KOREAN AND VIET

29 - HEALTH CARE RECORDS

29A - WEST VIRGINIA HOSPITAL FINAN

29B - HEALTH CARE AUTHORITY

29C - INDIGENT CARE

29D - STATE HEALTH CARE

29E - LEGISLATIVE OVERSIGHT COMMIS

29F - UNINSURED AND UNDERINSURED P

29G - WEST VIRGINIA HEALTH INFORMA

29H - INTERAGENCY HEALTH COUNCIL

29I - WEST VIRGINIA HEALTH CARE AU

30 - WEST VIRGINIA HEALTH CARE DEC

30A - MEDICAL POWER OF ATTORNEY

30B - HEALTH CARE SURROGATE ACT

30C - DO NOT RESUSCITATE ACT

31 - COMMUNITY RIGHT TO KNOW

32 - ASBESTOS ABATEMENT

33 - BREAST AND CERVICAL CANCER PR

34 - LICENSURE OF RADON MITIGATORS

35 - LEAD ABATEMENT

36 - NEEDLESTICK INJURY PREVENTION

37 - BODY PIERCING STUDIO BUSINESS

38 - TATTOO STUDIO BUSINESS

39 - PATIENT SAFETY ACT

40 - STATEWIDE BIRTH DEFECTS INFOR

41 - ORAL HEALTH IMPROVEMENT ACT

42 - COMPREHENSIVE BEHAVIORAL HEAL

43 - ENGINE COOLANT AND ANTIFREEZE

44 - THE PULSE OXIMETRY NEWBORN TE

45 - TANNING FACILITIES

46 - ACCESS TO OPIOID ANTAGONISTS

47 - ALCOHOL AND DRUG OVERDOSE PRE

48 - WEST VIRGINIA ABLE ACT

49 - WEST VIRGINIA CLEARANCE FOR A

50 - EPINEPHRINE AUTO-INJECTOR AVA

51 - RIGHT TO TRY ACT

WVC 16-
CHAPTER 16. PUBLIC HEALTH.

WVC 16 - 2 M- ARTICLE 2M. THE PAIN CAPABLE UNBORN CHILD PROTECTION ACT.

WVC 16 - 2 M- 1 §16-2M-1. Legislative findings.

     The Legislature makes the following findings:

     (1) Pain receptors (unborn child's entire body nociceptors) are present no later than sixteen weeks after fertilization and nerves link these receptors to the brain's thalamus and subcortical plate by no later than twenty weeks.

     (2) By eight weeks after fertilization, the unborn child reacts to stimuli that would be recognized as painful if applied to an adult human, for example, by recoiling.

     (3) In the unborn child, application of painful stimuli is associated with significant increases in stress hormones known as the stress response.

     (4) Subjection to painful stimuli is associated with long- term harmful neuro developmental effects, such as altered pain sensitivity and, possibly, emotional, behavioral and learning disabilities later in life.

     (5) For the purposes of surgery on unborn children, fetal anesthesia is routinely administered and is associated with a decrease in stress hormones compared to their level when painful stimuli is applied without the anesthesia.

     (6) The position, asserted by some medical experts, that the unborn child is incapable of experiencing pain until a point later in pregnancy than twenty weeks after fertilization, which point in the pregnancy is generally consistent with twenty-two weeks following the woman's last menstrual cycle, predominately rests on the assumption that the ability to experience pain depends on the cerebral cortex and requires nerve connections between the thalamus and the cortex. However, recent medical research and analysis, especially since 2007, provides strong evidence for the conclusion that a functioning cortex is not necessary to experience pain.

     (7) Substantial evidence indicates that children born missing the bulk of the cerebral cortex, those with hydranencephaly, nevertheless experience pain.

     (8) In adults, stimulation or ablation of the cerebral cortex does not alter pain perception while stimulation or ablation of the thalamus does.

     (9) Substantial evidence indicates that structures used for pain processing in early development differ from those of adults, using different neural elements available at specific times during development, such as the subcortical plate, to fulfill the role of pain processing.

     (10) Consequently, there is substantial medical evidence that an unborn child is capable of experiencing pain by pain capable gestational age as defined in subsection (7), section two, article two-m of this chapter.

     (11) It is the purpose of the state to assert a compelling state interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain.

WVC 16 - 2 M- 2 §16-2M-2. Definitions.

     For purposes of this article:

     (1) "Abortion" means abortion as that term is defined in section two, article two-f of this chapter.

     (2) "Attempt to perform or induce an abortion" means an act or an omission of a statutorily required act that, under the circumstances as the person believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in this state in violation of the applicable provisions of this code.

     (3) "Fertilization" means the fusion of a human spermatozoon with a human ovum.

     (4) "Fetus" means the developing young in the uterus, specifically the unborn offspring in the postembryonic period from nine weeks after fertilization until birth.

     (5) "Medical emergency" means a condition that, on the basis of a reasonably prudent physician's reasonable medical judgment, so complicates the medical condition of a pregnant female that it necessitates the immediate abortion of her pregnancy without first determining gestational age to avert her death or for which the delay necessary to determine gestational age will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. No condition may be deemed a medical emergency if based on a claim or diagnosis that the woman will engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.

     (6) "Nonmedically viable fetus" means a fetus that contains sufficient lethal fetal anomalies so as to render the fetus medically futile or incompatible with life outside the womb in the reasonable medical judgment of a reasonably prudent physician.

     (7) "Pain capable gestational age" means twenty-two weeks since the first day of the woman's last menstrual period. The pain capable gestational age defined herein is generally consistent with the time that is twenty weeks after fertilization.

     (8) "Physician" means a person with an unrestricted license to practice allopathic medicine pursuant to article three of chapter thirty of this code or osteopathic medicine pursuant to article fourteen, chapter thirty of this code.

     (9) "Probable gestational age of the fetus" means, in reasonable medical judgment and with reasonable probability, the gestational age of the fetus at the time an abortion is planned to be performed.

     (10) "Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.

WVC 16 - 2 M- 3 §16-2M-3. Determination of gestational age.

     Except in the case of a medical emergency or a nonmedically viable fetus, no abortion may be performed or induced or be attempted to be performed or induced unless the physician performing or inducing it has first made a determination of the probable gestational age of the fetus or relied upon such a determination made by another physician. In making this determination, the physician shall make inquiries of the patient and perform or cause to be performed medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to perform in making an accurate diagnosis with respect to gestational age.

WVC 16 - 2 M- 4 §16-2M-4. Abortion of fetus of pain capable gestational age prohibited.

     (a) No person may perform or induce, or attempt to perform or induce, an abortion when it has been determined, by the physician performing or inducing or attempting to perform or induce the abortion or by another physician upon whose determination that physician relies, that the probable gestational age of the fetus has reached the pain capable gestational age, unless in the reasonable medical judgment of a reasonably prudent physician there exists a nonmedically viable fetus or the patient has a condition that, on the basis of a reasonably prudent physician's reasonable medical judgment, so complicates her medical condition as to necessitate the abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. No condition may be deemed a medical emergency if based on a claim or diagnosis that the woman will engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.

     (b) When an abortion upon a patient whose fetus has been determined to have a probable gestational age that has reached the pain capable gestational age is not prohibited by subsection (a) of this section, the physician shall terminate the pregnancy in the manner which, in reasonable medical judgment, provides the best opportunity for the fetus to survive, unless, in reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk either of the death of the patient or of the substantial and irreversible physical impairment of a major bodily function of the patient than would other available methods.

WVC 16 - 2 M- 5 §16-2M-5. Reporting.

     (a) Any physician who performs or induces an abortion shall report to the Bureau for Public Health. The reporting shall be on a schedule and on forms set forth by the Secretary of the Department of Health and Human Resources annually, no later than December 31. The reports shall include the following information:

     (1) Probable gestational age:

     (A) If a determination of probable gestational age was made, whether ultrasound was employed in making the determination, and the week of probable gestational age determined.

     (B) If a determination of probable gestational age was not made, the basis of the determination that a medical emergency existed or that there existed a nonmedically viable fetus.

     (2) Method of abortion;

     (3) If the probable gestational age was determined to have reached the pain capable gestational age, the basis of the determination that there existed a nonmedically viable fetus or that the patient had a condition which so complicated the medical condition of the patient that it necessitated the abortion of her pregnancy in order to avert her death or avert a serious risk of substantial and irreversible physical impairment of a major bodily function; and

     (4) If the probable gestational age was determined to have reached the pain capable gestational age, whether the method of abortion used was one that, in reasonable medical judgment, provided the best opportunity for the fetus to survive and, if such a method was not used, the basis of the determination that termination of the pregnancy in that manner would pose a greater risk either of the death of the patient or of the substantial and irreversible physical impairment of a major bodily function of the patient than would other available methods.

     (b) Reports required by subsection (a) of this section may not contain the name or the address of the patient whose pregnancy was terminated nor may the report contain any information identifying the patient. These reports shall be maintained in strict confidence by the department, may not be available for public inspection, and may not be made available except pursuant to court order.

     (c) Beginning June 30, 2016, and annually after that, the Department of Health and Human Resources shall issue a public report providing statistics for the previous calendar year compiled from all of the reports covering that year submitted in accordance with this section for each of the items listed in subsection (a) of this section. Each report shall provide the statistics for all previous calendar years from the effective date of this section, adjusted to reflect any additional information from late or corrected reports. The Department of Health and Human Resources shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any patient upon whom an abortion was performed or induced.

WVC 16 - 2 M- 6 §16-2M-6. Penalties.

     (a) Any physician or other licensed medical practitioner who intentionally or recklessly performs or induces an abortion in violation of this article is considered to have acted outside the scope of practice permitted by law or otherwise in breach of the standard of care owed to patients, and is subject to discipline from the applicable licensure board for that conduct, including, but not limited to, loss of professional license to practice.

     (b) Any person, not subject to subsection (a) of this section, who intentionally or recklessly performs or induces an abortion in violation of this article is considered to have engaged in the unauthorized practice of medicine in violation of section thirteen, article three, chapter thirty of this code, and upon conviction, subject to the penalties contained in that section.

     (c) In addition to the penalties set forth in subsections (a) and (b) of this section, a patient may seek any remedy otherwise available to such patient by applicable law.

     (d) No penalty may be assessed against any patient upon whom an abortion is performed or induced or attempted to be performed or induced.

WVC 16 - 2 M- 7 §16-2M-7. Severability.

     If any one or more provisions, sections, subsections, sentences, clauses, phrases or words of this article or the application thereof to any person or circumstance is found to be unconstitutional or temporarily or permanently restrained or enjoined by judicial order, or both, the same is declared to be severable and the balance of this article shall remain effective notwithstanding such judicial decision, including for all other applications of each of the provisions, sections, subsections, sentences, clauses, phrases or words of this article: Provided, That whenever any judicial decision is stayed, dissolved, or otherwise ceases to have effect, such provisions shall have full force and effect.

Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§16 - 28 - 1 - (Repealed Code)
§16 - 28 - 2 - (Repealed Code)
§16 - 28 - 3 - (Repealed Code)
§16 - 28 - 4 - (Repealed Code)
§16 - 28 - 5 - (Repealed Code)
§16 - 28 - 6 - (Repealed Code)
§16 - 28 - 7 - (Repealed Code)
§16 - 28 - 8 - (Repealed Code)
§16 - 28 - 9 - (Repealed Code)
§16 - 28 - 10 - (Repealed Code)
SENATE BILL - 169
PASSED - Regular Session

sb169 enr  (Uploaded - 10/06/2017)
Repealing article providing assistance to Korea and Vietnam veterans exposed to certain chemical defoliants
§16 - 24 - 1 - (Repealed Code)
§16 - 24 - 2 - (Repealed Code)
§16 - 24 - 3 - (Repealed Code)
§16 - 24 - 4 - (Repealed Code)
§16 - 24 - 5 - (Repealed Code)
§16 - 24 - 6 - (Repealed Code)
§16 - 24 - 7 - (Repealed Code)
SENATE BILL - 170
PASSED - Regular Session

sb170 enr  (Uploaded - 10/06/2017)
Repealing state hemophilia program
§16 - 2 K- 1 - (Repealed Code)
§16 - 2 K- 2 - (Repealed Code)
SENATE BILL - 171
PASSED - Regular Session

sb171 enr  (Uploaded - 10/06/2017)
Repealing Programs of All-Inclusive Care for Elderly
§16 - 25 - 1 - (Repealed Code)
§16 - 25 - 2 - (Repealed Code)
§16 - 25 - 3 - (Repealed Code)
§16 - 25 - 4 - (Repealed Code)
SENATE BILL - 176
PASSED - Regular Session

sb176 enr  (Uploaded - 10/06/2017)
Repealing article concerning detection of tuberculosis, high blood pressure and diabetes
§16 - 5 Y- 2 - (Amended Code)
SENATE BILL - 188
PASSED - Regular Session

sb188 enr  (Uploaded - 10/06/2017)
Correcting definition of "telehealth" in medication-assisted treatment programs
§16 - 52 - 1 - (New Code)
§16 - 52 - 2 - (New Code)
§16 - 52 - 3 - (New Code)
§16 - 52 - 4 - (New Code)
§16 - 52 - 5 - (New Code)
SENATE BILL - 339
PASSED - Regular Session

SB339 SUB2 enr  (Uploaded - 10/06/2017)
Creating Legislative Coalition on Chronic Pain Management
§16 - 5 Z- 1 - (New Code)
§16 - 5 Z- 2 - (New Code)
§16 - 5 Z- 3 - (New Code)
§16 - 5 Z- 4 - (New Code)
§16 - 5 Z- 5 - (New Code)
SENATE BILL - 360
PASSED - Regular Session

SB360 SUB2 enr  (Uploaded - 10/02/2017)
Creating Legislative Coalition on Diabetes Management
§16 - 29 - 1 - (Amended Code)
§16 - 29 - 2 - (Amended Code)
SENATE BILL - 578
PASSED - Regular Session

sb578 enr  (Uploaded - 10/02/2017)
Relating generally to copies of health care records furnished to patients
§16 - 2 F- 1 - (Amended Code)
§16 - 2 F- 2 - (Amended Code)
§16 - 2 F- 3 - (Amended Code)
§16 - 2 F- 4 - (Amended Code)
§16 - 2 F- 5 - (Amended Code)
§16 - 2 F- 6 - (Amended Code)
§16 - 2 F- 8 - (Amended Code)
HOUSE BILL - 2002
PASSED - Regular Session

HB2002 SUB ENR  (Uploaded - 10/06/2017)
Relating to parental notification of abortions performed on unemancipated minors
§16 - 2 J- 1 - (Repealed Code)
§16 - 2 J- 2 - (Repealed Code)
§16 - 2 J- 3 - (Repealed Code)
§16 - 2 J- 4 - (Repealed Code)
§16 - 2 J- 5 - (Repealed Code)
§16 - 2 J- 6 - (Repealed Code)
§16 - 2 J- 7 - (Repealed Code)
§16 - 2 J- 8 - (Repealed Code)
§16 - 2 J- 9 - (Repealed Code)
HOUSE BILL - 2301
PASSED - Regular Session

HB2301 SUB ENR  (Uploaded - 10/06/2017)
Relating to direct primary care
§16 - 53 - 1 - (New Code)
§16 - 53 - 2 - (New Code)
§16 - 53 - 3 - (New Code)
HOUSE BILL - 2428
PASSED - Regular Session

HB2428 SUB ENR  (Uploaded - 10/06/2017)
Establishing additional substance abuse treatment facilities
§16 - 3 - 4 A - (New Code)
HOUSE BILL - 2431
PASSED - Regular Session

hb2431 ENR  (Uploaded - 10/06/2017)
Allowing influenza immunizations to be offered to patients and residents of specified facilities
§16 - 2 D- 2 - (Amended Code)
§16 - 2 D- 3 - (Amended Code)
§16 - 2 D- 4 - (Amended Code)
§16 - 2 D- 5 - (Amended Code)
§16 - 2 D- 5 F - (Repealed Code)
§16 - 2 D- 8 - (Amended Code)
§16 - 2 D- 9 - (Amended Code)
§16 - 2 D- 10 - (Amended Code)
§16 - 2 D- 11 - (Amended Code)
§16 - 2 D- 13 - (Amended Code)
§16 - 2 D- 15 - (Amended Code)
§16 - 2 D- 16 - (Amended Code)
§16 - 5 B- 17 - (Amended Code)
§16 - 5 F- 1 - (Repealed Code)
§16 - 5 F- 2 - (Repealed Code)
§16 - 5 F- 3 - (Repealed Code)
§16 - 5 F- 4 - (Repealed Code)
§16 - 5 F- 5 - (Repealed Code)
§16 - 5 F- 6 - (Repealed Code)
§16 - 5 F- 7 - (Repealed Code)
§16 - 29 B- 2 - (Amended Code)
§16 - 29 B- 3 - (Amended Code)
§16 - 29 B- 5 - (Amended Code)
§16 - 29 B- 5 A - (New Code)
§16 - 29 B- 6 - (Repealed Code)
§16 - 29 B- 7 - (Repealed Code)
§16 - 29 B- 8 - (Amended Code)
§16 - 29 B- 9 - (Repealed Code)
§16 - 29 B- 10 - (Repealed Code)
§16 - 29 B- 11 - (Repealed Code)
§16 - 29 B- 12 - (Amended Code)
§16 - 29 B- 17 - (Repealed Code)
§16 - 29 B- 18 - (Repealed Code)
§16 - 29 B- 22 - (Repealed Code)
§16 - 29 B- 23 - (Repealed Code)
§16 - 29 B- 24 - (Repealed Code)
§16 - 29 B- 25 - (Repealed Code)
§16 - 29 B- 26 - (Amended Code)
§16 - 29 B- 27 - (Repealed Code)
§16 - 29 B- 28 - (Amended Code)
§16 - 29 B- 29 - (Repealed Code)
§16 - 29 B- 30 - (New Code)
§16 - 29 G- 1 A - (New Code)
§16 - 29 G- 4 - (Amended Code)
§16 - 29 I- 1 - (Repealed Code)
§16 - 29 I- 2 - (Repealed Code)
§16 - 29 I- 3 - (Repealed Code)
§16 - 29 I- 4 - (Repealed Code)
§16 - 29 I- 5 - (Repealed Code)
§16 - 29 I- 6 - (Repealed Code)
§16 - 29 I- 7 - (Repealed Code)
§16 - 29 I- 8 - (Repealed Code)
§16 - 29 I- 9 - (Repealed Code)
§16 - 29 I- 10 - (Repealed Code)
HOUSE BILL - 2459
PASSED - Regular Session

HB2459 SUB ENR  (Uploaded - 10/06/2017)
Relating to regulation of health care and the certificate of need process
§16 - 45 - 3 - (Amended Code)
§16 - 45 - 5 - (Amended Code)
HOUSE BILL - 2520
PASSED - Regular Session

HB2520 SUB ENR  (Uploaded - 10/06/2017)
Prohibiting the use of a tanning device by a person under the age of eighteen
§16 - 5 V- 13 - (Amended Code)
HOUSE BILL - 2586
PASSED - Regular Session

HB2586 SUB ENR  (Uploaded - 10/06/2017)
Relating to required minimum distribution of retirement benefits of plans administered by the Consolidated Public Retirement Board
§16 - 5 T- 1 - (New Code)
§16 - 5 T- 2 - (New Code)
§16 - 5 T- 3 - (New Code)
§16 - 5 T- 4 - (New Code)
§16 - 5 T- 5 - (New Code)
HOUSE BILL - 2620
PASSED - Regular Session

HB2620 SUB ENR  (Uploaded - 10/06/2017)
West Virginia Drug Overdose Monitoring Act
§16 - 12 - 11 - (Amended Code)
§16 - 13 - 3 - (Amended Code)
§16 - 13 A- 7 - (Amended Code)
HOUSE BILL - 2897
PASSED - Regular Session

HB2897 SUB ENR  (Uploaded - 10/06/2017)
Raising the amount required for competitive bidding of construction contracts by the state and its subdivisions
§16 - 13 A- 8 - (Amended Code)
§16 - 13 A- 9 - (Amended Code)
HOUSE BILL - 3096
PASSED - Regular Session

HB3096 SUB ENR  (Uploaded - 10/06/2017)
Relating to operation and regulation of certain water and sewer utilities owned or operated by political subdivisions of the state
§16 - 2 D- 11 - (Amended Code)
§16 - 29 B- 3 - (Amended Code)
§16 - 29 B- 8 - (Amended Code)
§16 - 29 B- 24 - (New Code)
§16 - 29 B- 25 - (New Code)
HOUSE BILL - 117
PASSED - 1st Special Session

HB117 SUB ENR  (Uploaded - 10/06/2017)
Relating to West Virginia Health Care Authority
§16 - 5 - 19 - (Amended Code)
SENATE BILL - 1014
PASSED - 1st Special Session

sb1014 enr  (Uploaded - 10/06/2017)
Relating generally to physician assistants
§16 - 29 B- 1 - (Amended Code)
§16 - 29 B- 10 - (Amended Code)
§16 - 29 B- 19 - (Repealed Code)
§16 - 29 B- 19 A - (Repealed Code)
§16 - 29 B- 20 - (Repealed Code)
§16 - 29 B- 20 A - (Repealed Code)
§16 - 29 B- 21 - (Repealed Code)
§16 - 29 B- 21 A - (Repealed Code)
§16 - 29 B- 27 - (Amended Code)
SENATE BILL - 68
PASSED - Regular Session

SB68 SUB1 ENR  (Uploaded - 03/09/2016)
Disallowing Health Care Authority to conduct rate review and set rates for hospitals
§16 - 4 F- 1 - (New Code)
§16 - 4 F- 2 - (New Code)
§16 - 4 F- 3 - (New Code)
§16 - 4 F- 4 - (New Code)
§16 - 4 F- 5 - (New Code)
SENATE BILL - 123
PASSED - Regular Session

SB123 ENR  (Uploaded - 02/17/2016)
Treatment for sexually transmitted diseases
§16 - 3 C- 2 - (Amended Code)
§16 - 4 - 19 - (Amended Code)
SENATE BILL - 404
PASSED - Regular Session

SB404 SUB1 ENR  (Uploaded - 03/23/2016)
Removing prohibition on billing persons for testing for HIV and sexually transmitted diseases
§16 - 51 - 1 - (New Code)
§16 - 51 - 2 - (New Code)
§16 - 51 - 3 - (New Code)
§16 - 51 - 4 - (New Code)
§16 - 51 - 5 - (New Code)
§16 - 51 - 6 - (New Code)
§16 - 51 - 7 - (New Code)
§16 - 51 - 8 - (New Code)
SENATE BILL - 416
PASSED - Regular Session

SB416 ENR  (Uploaded - 03/11/2016)
Allowing terminally ill patients access to investigational products
§16 - 46 - 3 - (Amended Code)
§16 - 46 - 3 A - (New Code)
§16 - 46 - 5 - (Amended Code)
§16 - 46 - 6 - (Amended Code)
SENATE BILL - 431
PASSED - Regular Session

SB431 enr  (Uploaded - 03/18/2016)
Authorizing pharmacists and pharmacy interns dispense opioid antagonists
§16 - 1 - 4 - (Amended Code)
§16 - 5 Y- 1 - (New Code)
§16 - 5 Y- 2 - (New Code)
§16 - 5 Y- 3 - (New Code)
§16 - 5 Y- 4 - (New Code)
§16 - 5 Y- 5 - (New Code)
§16 - 5 Y- 6 - (New Code)
§16 - 5 Y- 7 - (New Code)
§16 - 5 Y- 8 - (New Code)
§16 - 5 Y- 9 - (New Code)
§16 - 5 Y- 10 - (New Code)
§16 - 5 Y- 11 - (New Code)
§16 - 5 Y- 12 - (New Code)
§16 - 5 Y- 13 - (New Code)
SENATE BILL - 454
PASSED - Regular Session

SB454 SUB2 ENR  (Uploaded - 03/23/2016)
Licensing and regulating medication-assisted treatment programs for substance use disorders
§16 - 32 - 2 - (Amended Code)
§16 - 32 - 11 - (Amended Code)
SENATE BILL - 545
PASSED - Regular Session

SB545 SUB1 ENR  (Uploaded - 03/15/2016)
Relating to asbestos abatement on oil and gas pipelines
§16 - 5 V- 2 - (Amended Code)
SENATE BILL - 563
PASSED - Regular Session

SB563 ENR  (Uploaded - 03/15/2016)
Increasing retirement benefit multiplier for WV Emergency Medical Services Retirement System members
§16 - 29 B- 26 - (Amended Code)
§16 - 29 B- 28 - (New Code)
§16 - 29 B- 29 - (New Code)
SENATE BILL - 597
PASSED - Regular Session

SB597 SUB1 ENR  (Uploaded - 03/17/2016)
Relating generally to Health Care Authority
§16 - 1 - 9 C - (Amended Code)
SENATE BILL - 625
PASSED - Regular Session

SB625 SUB1 ENR  (Uploaded - 03/15/2016)
Revising exceptions from FOIA provided for in Aboveground Storage Tank Act
§16 - 5 - 19 - (Amended Code)
HOUSE BILL - 4334
PASSED - Regular Session

hb4334 ENR  (Uploaded - 03/17/2016)
Clarifying the requirements for a license to practice as an advanced practice registered nurse and expanding prescriptive authority
§16 - 2 D- 1 - (Amended Code)
§16 - 2 D- 2 - (Amended Code)
§16 - 2 D- 3 - (Amended Code)
§16 - 2 D- 4 - (Amended Code)
§16 - 2 D- 4 A - (Repealed Code)
§16 - 2 D- 4 B - (Repealed Code)
§16 - 2 D- 5 - (Amended Code)
§16 - 2 D- 5 A - (Repealed Code)
§16 - 2 D- 5 B - (Repealed Code)
§16 - 2 D- 5 C - (Repealed Code)
§16 - 2 D- 5 D - (Repealed Code)
§16 - 2 D- 5 E - (Repealed Code)
§16 - 2 D- 6 - (Amended Code)
§16 - 2 D- 7 - (Amended Code)
§16 - 2 D- 7 A - (Repealed Code)
§16 - 2 D- 8 - (Amended Code)
§16 - 2 D- 9 - (Amended Code)
§16 - 2 D- 10 - (Amended Code)
§16 - 2 D- 11 - (Amended Code)
§16 - 2 D- 12 - (Amended Code)
§16 - 2 D- 13 - (Amended Code)
§16 - 2 D- 14 - (Amended Code)
§16 - 2 D- 15 - (Amended Code)
§16 - 2 D- 16 - (New Code)
§16 - 2 D- 17 - (New Code)
§16 - 2 D- 18 - (New Code)
§16 - 2 D- 19 - (New Code)
§16 - 2 D- 20 - (New Code)
HOUSE BILL - 4365
PASSED - Regular Session

HB4365 SUB ENR  (Uploaded - 03/16/2016)
Relating to the certificate of need process
§16 - 5 B- 18 - (New Code)
HOUSE BILL - 4388
PASSED - Regular Session

HB4388 SUB ENR  (Uploaded - 03/17/2016)
Relating to stroke centers
§16 - 5 G- 2 - (Amended Code)
§16 - 5 G- 4 - (Amended Code)
HOUSE BILL - 4520
PASSED - Regular Session

HB4520 SUB ENR  (Uploaded - 03/09/2016)
Clarifying that certain hospitals have only one governing body whose meetings shall be open to the public
§16 - 5 H- 2 - (Amended Code)
§16 - 5 H- 5 - (Amended Code)
§16 - 5 H- 7 - (Amended Code)
HOUSE BILL - 4537
PASSED - Regular Session

HB4537 SUB ENR  (Uploaded - 03/23/2016)
Relating to the regulation of chronic pain clinics
§16 - 2 - 11 - (Amended Code)
HOUSE BILL - 4659
PASSED - Regular Session

HB4659 SUB ENR  (Uploaded - 03/16/2016)
Authorizing local health departments to bill health insurance plans for services
§16 - 4 C- 6 C - (Amended Code)
HOUSE BILL - 4726
PASSED - Regular Session

hb4726 ENR  (Uploaded - 03/11/2016)
Relating to coal mining generally
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