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Chapter 16     Entire Code
‹ Chapter 15  |  Chapter 17 › Printer Friendly Versions
Chapter 16  |  Article 16 - 28  |  Section 7

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

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
    16 - 28 - 1
    16 - 28 - 2
    16 - 28 - 3
    16 - 28 - 4
    16 - 28 - 5
    16 - 28 - 6
    16 - 28 - 7
    16 - 28 - 8
    16 - 28 - 9
    16 - 28 - 10

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 - 28 - ARTICLE 28. ASSISTANCE TO KOREAN AND VIETNAM VETERANS EXPOSED TO CERTAIN CHEMICAL DEFOLIANTS OR HERBICIDES OR OTHER CAUSATIVE AGENTS, INCLUDING AGENT ORANGE.

WVC 16 - 28 - 1 §16-28-1. Definitions.
As used in this article, unless otherwise indicated by the context:

(1) "Veteran" means a person who was a resident of this state at the time of his induction into the armed forces of the United States of America, or was a resident of this state as of the thirty-first day of March, one thousand nine hundred eighty-one, who served in Vietnam, Cambodia or Laos during the Vietnam conflict, or who served in Korea during the Korean conflict;

(2) "Agent Orange" means the herbicide composed primarily of trichlorophenoxyacetic acid and dichlorophenoxyacetic acid;

(3) "Department" means the West Virginia department of health; and

(4) "Director" means the director of the department of health.

WVC 16 - 28 - 2 §16-28-2. Reports to the department of health.
(a) A physician who has primary responsibility for treating a veteran who believes he may have been exposed to chemical defoliants or herbicides or other causative agents, including agent orange, while serving in the armed forces of the United States, shall, at the request of the veteran, submit a report to the department on a form provided by the department. If there is no physician having primary responsibility for treating the veteran, the hospital treating the veteran shall, at the request of the veteran, submit the report to the department.

(b) The form provided by the department to the physician shall request the following information:

(1) Symptoms of the veteran which may be related to exposure to a chemical defoliant or herbicide or other causative agent, including agent orange;

(2) Diagnosis of the veteran; and

(3) Methods of treatment prescribed.

(c) The department may require the veteran to provide such other information as determined by the director.

WVC 16 - 28 - 3 §16-28-3. Reports by the department; studies on veterans; consent required.
(a) The department, in consultation and cooperation with a board-certified medical toxicologist, shall compile and evaluate information submitted under this article into a report to be distributed annually to members of the Legislature and to the veterans administration, the West Virginia department of veterans affairs and other veterans' groups. The report shall contain current research findings on the effects of exposure to chemical defoliants or herbicides or other causative agents, including agent orange, and statistical information compiled from reports submitted by physicians or hospitals.

(b) The department, in consultation and cooperation with a board-certified medical toxicologist, shall conduct epidemiological studies on veterans who have cancer or other medical problems associated with exposure to a chemical defoliant or herbicide or any other causative agent, including agent orange, or who have children born with birth defects after the veteran's suspected exposure to a chemical defoliant or herbicide or any other causative agent, including agent orange. The department must obtain consent from each veteran to be studied under this subsection. The department shall compile and evaluate information obtained from these studies into a report to be distributed as provided by subsection (a) of this section.

WVC 16 - 28 - 4 §16-28-4. Confidentiality.
The identity of a veteran about whom a report has been made under section two or three of this article may not be disclosed unless the veteran consents to the disclosure. Statistical information collected under this article is public information.

WVC 16 - 28 - 5 §16-28-5. Immunity from liability.
A physician or a hospital subject to this article who complies with this article may not be held civilly or criminally liable for providing the information required.

WVC 16 - 28 - 6 §16-28-6. Class action representation by attorney general.
The attorney general may represent a class of individuals composed of veterans who may have been injured because of contact with chemical defoliants or herbicides or other causative agents, including agent orange, in a suit for release of information relating to exposure to such chemicals during military service and for release of individual medical records.

WVC 16 - 28 - 7 §16-28-7. Assistance programs.
(a) The department of health, the West Virginia University school of medicine, the Marshall University school of medicine, and the West Virginia School of osteopathic medicine, shall institute a cooperative program to:

(1) Refer veterans to appropriate state and federal agencies for the purpose of filing claims to remedy medical and financial problems caused by the veterans' exposure to chemical defoliants or herbicides or other causative agents, including agent orange; and

(2) Provide veterans with fat tissue biopsies, genetic counseling and genetic screening to determine if the veteran has suffered physical damage as a result of substantial exposure to chemical defoliants or herbicides or other causative agents, including agent orange.

(b) The director of the department of health shall adopt rules necessary to the administration of the programs authorized by this section.

WVC 16 - 28 - 8 §16-28-8. Application.
Sections two and three of this article apply to all cases of veterans treated on or after the first day of January, one thousand nine hundred eighty-two, for symptoms typical of a person who has been exposed to a chemical defoliant or herbicide or any other causative agent, including agent orange. Sections six and seven of this article apply to all veterans.

WVC 16 - 28 - 9 §16-28-9. Termination of programs and duties.
If the director of the department of health determines that an agency of the federal government is performing the referral and screening functions required by section seven of this article, the director may discontinue any program required by this article or any duty required of a physician or hospital under this article.

WVC 16 - 28 - 10 §16-28-10. Limitation of actions and suits.
An action to recover damages under the provisions of this article for personal injury caused by contact with or exposure to chemical defoliants or herbicides, including agent orange, during either the Korean or Vietnam conflict, may be commenced within two years from the date of discovery of such injury, or within two years from the date when through the exercise of reasonable diligence the cause of such injury should have been discovered, whichever is later.

Every cause of action for an injury or death caused by contact with or exposure to chemical defoliants or herbicides, including agent orange, during either the Korean or Vietnam conflict, which is barred as of the effective date of this section because the applicable period of limitation has expired is hereby revived and an action thereon may be commenced and prosecuted provided such action is commenced within two years of the effective date of this section.

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 - 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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