Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home

West Virginia Code

Search

Chapter 16     Entire Code
‹ Chapter 15  |  Chapter 17 › Printer Friendly Versions
Chapter 16  |  Article 16 - 42

1 - STATE PUBLIC HEALTH SYSTEM

1A - UNIFORM CREDENTIALING FOR HEAL

1B - SKILLED NURSING FACILITIES FOR

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

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

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

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

1C - HEALTH CARE PROVIDER TRANSPAR

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
    16 - 42 - 1
    16 - 42 - 2
    16 - 42 - 3
    16 - 42 - 4
    16 - 42 - 5
    16 - 42 - 6
    16 - 42 - 7

43 - ENGINE COOLANT AND ANTIFREEZE

44 - THE PULSE OXIMETRY NEWBORN TE

45 - TANNING FACILITIES

WVC 16- CHAPTER 16. PUBLIC HEALTH.
WVC 16 - 42 - ARTICLE 42. COMPREHENSIVE BEHAVIORAL HEALTH COMMISSION.

WVC 16 - 42 - 1 §16-42-1. Legislative findings.
The Legislature finds as follows:

(1) That the behavioral health system in West Virginia is rapidly moving toward a state of crisis as a result of overcrowding of the beds in state facilities and prisons, and inadequate community support services to prevent these problems;

(2) That untreated and inadequately treated behavioral illness and substance abuse and ongoing domestic violence have placed a significant impediment upon West Virginia businesses and have placed heavy fiscal pressures on many West Virginia government and non-profit agencies;

(3) That these untreated problems and lack of services are directly linked to increases in fatalities, penal incarcerations, suicides, utilization of public assistance, homelessness, increased school dropout rates, teenage pregnancy, excessive employee absenteeism, underemployment, unemployment, higher workers' compensation costs and many other health, criminal justice, social and personal problems which cost our state millions of dollars each year; and

(4) That the health and economic well-being of the state and its citizens requires the development of the Comprehensive Behavioral Health Commission to conduct a comprehensive study and review of the behavioral health care system of West Virginia and the total public and private dollars actually being spent on prevention, treatment, education and other services related to mental illness, substance abuse and domestic violence in West Virginia.

WVC 16 - 42 - 2 §16-42-2. Purpose.
This article is enacted to provide a framework within which the departments and divisions of state government, working collaboratively with the applicable individuals and organizations in the private sector that provide or are in need of behavioral health services, can study the current system of behavioral health services offered within West Virginia, the financing of those services, and proposed changes to both. It is the purpose of the Legislature to encourage the long-term, well-planned development of a comprehensive and cost-effective system of care.

WVC 16 - 42 - 3 §16-42-3. Comprehensive Behavioral Health Commission.

     (a) Effective July 1, 2011, the Comprehensive Behavioral Health Commission is reestablished to continue the study of the current behavioral health system of care, including services to adults and children, substance abuse and domestic violence when those conditions have an effect upon or are impacted by the system.

     (b) The commission consists of:

     (1) A representative of the circuit and family court system, appointed by the Chief Justice of the West Virginia Supreme Court of Appeals;

     (2) A representative of the Commissioner of the Division of Corrections;

     (3) The Commissioner of the Bureau of Senior Services or a designee;

     (4) The Secretary of the Department of Health and Human Resources or a designee, who is a nonvoting member;

     (5) The Commissioner of the Bureau for Behavioral Health and Health Facilities or a designee, who is a nonvoting member;

     (6) The Commissioner of the Bureau for Children and Families or a designee, who is a nonvoting member;

     (7) The Chancellor for Higher Education or a designee, who is a nonvoting member;

     (8) One physician with a specialty in psychiatry appointed by the Governor from a list provided by the West Virginia Medical Association;

     (9) One physician with a specialty in child psychiatry, appointed by the Governor from a list of names provided by the West Virginia Medical Association;

     (10) One member of the advisory board, selected by the advisory board, who shall serve as the vice chairperson of the commission;

     (11) The director of the Division of Rehabilitative Services or his or her designee;

     (12) The executive director of a behavioral health consumer's organization or his or her designee;

     (13) The director of the West Virginia Coalition Against Domestic Violence or his or her designee;

     (14) One member of the House of Delegates, who is a nonvoting member, appointed by the speaker; and

     (15) One member of the Senate, who is a nonvoting member, appointed by the president.

     (c) The commission shall meet at times and places as it finds necessary and shall be staffed by the Bureau for Behavioral Health and Health Facilities.

     (d) The commission shall elect a chairperson from those who are appointed. The chairperson's term shall be no longer than two consecutive years whereupon the chairperson is to be replaced by a vote of the membership.

     (e) The commission shall add or delete additional members of the advisory board at the time when it is apparent that certain expertise is needed and the members of the commission so decide.      (f) Effective July 1, 2012, the Comprehensive Behavioral Health Commission Advisory Board is reestablished to serve in a consulting role to the commission with the following members appointed by the Governor:

     (1) One member from a list of three candidates provided by the West Virginia Chapter of the National Association of Social Workers;

     (2) One member from a list of three candidates provided by the West Virginia Hospital Association;

     (3) One member who is a psychologist from a list of three candidates provided by the West Virginia Psychological Association;

     (4) One representative from each medical school affiliated with some aspect of behavioral health from a list of three candidates provided by the Dean of West Virginia University School of Medicine, the Dean of Marshall University School of Medicine and the Dean of the West Virginia School of Osteopathic Medicine;

     (5) The executive director of the Primary Care Association or his or her designee;

     (6) One member who is the chief executive officer of a comprehensive behavioral health center;

     (7) Two members who are the chairperson or the chief executive officer of a not-for-profit corporation, that provides residential or nonresidential care or treatment for children in West Virginia;

     (8) One member from a list of three candidates provided by the Council of Churches;

     (9) A consumer of behavioral health services to be selected by the commission;

     (10) A child advocate to be selected by the commission from suggestions by FAST (Family Advocacy, Support and Training);

     (11) A representative of the West Virginia Coalition Against Domestic Violence to be selected by the commission; and

     (12) One representative of the county probation program from a list of three candidates provided to the Governor by the Supreme Court of Appeals.

     (g) Those persons serving on the commission and the advisory board on July 1, 2011, may continue serving on the reestablished commission and advisory board and the person so designated as chairperson of the commission shall remain as chairperson until an election occurs as provided in this section.

     (h) Each member of the commission and advisory board is entitled to receive compensation and expense reimbursement for attending official meetings or engaging in official duties not to exceed the amount paid to members of the Legislature for their interim duties as recommended by the Citizens Legislative Compensation Commission and authorized by law. A commission member may not receive compensation for travel days that are not on the same day as the official meeting or official duties. WVC 16 - 42 - 4 §16-42-4. Study.
The commission shall study the current status of prevention, treatment, education, related services and appropriate workforce development for behavioral health, including substance abuse and domestic violence when those conditions have an effect upon the system. Each item studied shall be reported for children, adults and seniors. The report shall include recommendations on system changes needed to meet the needs of those served by the system and a determination of the total public and private dollars spent for each item listed in this section. The commission may coordinate its activities with those of the Department of Health and Human Resources and its consultants. The commission may appoint subcommittees and workgroups composed of consumers, providers and representative groups as it deems necessary to perform its duties and responsibilities pursuant to this article.

WVC 16 - 42 - 5 §16-42-5. Report.
     The commission shall submit a report on its study, including recommendations, to the Governor and the Legislature by January 1, 2012, and each January 1 thereafter. WVC 16 - 42 - 6 §16-42-6. Certificate of need standards.
Pursuant to the provisions of article two-d of this chapter, the West Virginia Health Care Authority shall provide the commission with information needed to complete the study required in this article. The staff of the authority shall work jointly with the staff of the Bureau for Behavioral Health and Health Facilities in providing services to the commission. The commission shall make recommendations in its report relating to the certificate of need standards.

WVC 16 - 42 - 7 §16-42-7.

     Repealed.

Acts, 2012 Reg. Sess., Ch. 85.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
The WV 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.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature ***