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WV Code § 29-29-5 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 29. Volunteer for Nonprofit Youth Organizations Act|§29-29-5. Powers and Duties of Nonprofit Youth Organization

(a) Before the nonprofit youth organization may issue a nonprofit volunteer permit to an applicant, the organization shall:(1) Gather and maintain the following information for each applicant:(A) The applicant's name, position, address and phone number; (B) A copy of the applicant's authorization to practice from all jurisdictions in which the applicant is authorized to practice; (2) Require documentation that the applicant has received at least two hours of instruction provided by the nonprofit youth organization, which may be accomplished by webinar, video conference or other remote means of instruction;(3) No more than one hundred twenty days prior to any volunteer services being performed, require documentation from all jurisdictions in which the applicant authorized to practice stating that the applicant's authorization to practice is valid, in good standing and unrestricted and without limitation or condition; and(4) Require a written acknowledgment signed by the applicant that the rules, regulations and procedures established by the nonprofit youth organization have been received and reviewed.(b) All information and documentation maintained and gathered pursuant to this section shall be maintained in a safe and secure manner, which may be electronically, by the nonprofit youth organization for a period of ten years from the date a permit is issued to the applicant.(c) The nonprofit youth organization providing emergency medical services shall have a license to operate an emergency medical services agency pursuant to section six-a, article four-c, chapter sixteen of this code and the Commissioner of the Bureau for Public Health may make such adjustments to the licensing standards to reflect the nature of the services provided by the permittees and the size, scope and interests being served by any event or program of such organization.
WV Code § 29-29-6 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 29. Volunteer for Nonprofit Youth Organizations Act|§29-29-6. Revocation of Nonprofit Volunteer Permit

(a) The nonprofit volunteer permit may be revoked at any time by the nonprofit volunteer organization.(b) The nonprofit volunteer organization shall revoke a nonprofit volunteer permit and shall report the revocation to the appropriate licensing agency in every jurisdiction where the individual holds an authorization to practice for the following reasons: (1) Professional incompetence;(2) Professional misconduct; or(3) Criminal activity.
WV Code § 29-29-7 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 29. Volunteer for Nonprofit Youth Organizations Act|§29-29-7. Liability of Permittees and the Nonprofit Volunteer Organization for Volunteer Services

(a) Any claim arising out of the services provided by a permittee or the nonprofit volunteer organization pursuant to this article shall be determined in the same manner and by the same standards as if the permittee was authorized to practice in this state.(b) The nonprofit youth organization shall carry liability insurance in limits of no less than $1 million per person, and $3 million per occurrence and $50,000 for property damage and this insurance shall extend to the acts of any nonprofit volunteer permittees providing services under this article and shall be primary to any other available insurance. (c) The liability of nonprofit volunteer permittees shall be limited to the amount of liability insurance available to them under subsection (b) unless the act or omission giving rise to the permittee's liability was the result of willful misconduct: Provided, That permittees deputized by the Superintendent of the West Virginia State Police pursuant to section four of this article and subsection (e), section twelve, article two, chapter fifteen of the code, shall not be considered an insured under the terms of the liability insurance policy provided West Virginia state agencies through the state Board of Risk and Insurance Management.(d) The West Virginia appropriate licensing agency shall not be liable for any harm or claim arising solely out of the actions of any permittee exempt from obtaining authorization to practice in this state pursuant to this article.
WV Code § 29-30-1 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 30. Emergency Volunteer Health Practitioners Act|§29-30-1. Short Title

This article shall be cited as the Emergency Volunteer Health Practitioners Act.
WV Code § 29-30-3 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 30. Emergency Volunteer Health Practitioners Act|§29-30-3. Applicability

This article applies to volunteer health practitioners registered with a registration system pursuant to section five of this article and who provide health or veterinary services in this state for a host entity while an emergency declaration is in effect.
WV Code § 29-30-4 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 30. Emergency Volunteer Health Practitioners Act|§29-30-4. Regulation During an Emergency

(a) While an emergency declaration is in effect, the Governor or his or her designee may limit, restrict or otherwise regulate:(1) The duration of practice by volunteer health practitioners;(2) The geographical areas in which volunteer health practitioners may practice;(3) The types of volunteer health practitioners who may practice; and(4) Any other matters necessary to coordinate effectively the provision of health or veterinary services during the emergency.(b) An order issued pursuant to this section may take effect immediately.(c) A host entity that uses volunteer health practitioners to provide health or veterinary services in this state shall:(1) Consult and coordinate its activities with the Governor or his or her designee to the extent practicable to provide for the efficient and effective use of volunteer health practitioners; and(2) Comply with any laws of this state relating to the management of emergency health or veterinary services.
WV Code § 29-30-5 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 30. Emergency Volunteer Health Practitioners Act|§29-30-5. Volunteer Health Practitioner Registration System

(a) To qualify as a volunteer health practitioner registration system, a system must:(1) Accept applications for the registration of volunteer health practitioners before or during an emergency;(2) Include information about the licensure and good standing of health practitioners which is accessible by authorized persons;(3) Be capable of confirming the accuracy of information concerning whether a health practitioner is licensed and in good standing before health services or veterinary services are provided pursuant to this article; and(4) Meet one of the following conditions:(A) Be an emergency system for advance registration of volunteer health care practitioners established by a state and funded through the Department of Health and Human Services pursuant to Section 319I of the Public Health Services Act, 42 U. S. C. Section 247d-7b, as amended;(B) Be a local unit consisting of trained and equipped emergency response, public health, and medical personnel formed pursuant to Section 2801 of the Public Health Services Act, 42 U.S.C. Section 300hh as amended;(C) Be operated by a:(i) Disaster relief organization;(ii) Licensing board;(iii) National or regional association of licensing boards or health practitioners;(iv) Health facility that provides comprehensive inpatient and outpatient health care services, including a tertiary care and teaching hospital; or (v) Governmental entity; or(D) Be designated by the Governor or his or her designee as a registration system for purposes of this article.(b) While an emergency declaration is in effect, the Governor or his or her designee or a host entity, may confirm whether volunteer health practitioners utilized in this state are registered with a registration system that complies with this article. Confirmation is limited to obtaining identities of the practitioners from the system and determining whether the system indicates that the practitioners are licensed and in good standing.(c) Upon request of a person in this state authorized pursuant to this article, or a similarly authorized person in another state, a registration system located in this state shall notify the person of the identities of volunteer health practitioners and whether the practitioners are licensed and in good standing.(d) A host entity is not required to use the services of a volunteer health practitioner even if the practitioner is registered with a registration system that indicates that the practitioner is licensed and in good standing.
WV Code § 29-30-6 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 30. Emergency Volunteer Health Practitioners Act|§29-30-6. Recognition of Volunteer Health Practitioners Licensed in Other States

(a) While an emergency declaration is in effect, a volunteer health practitioner, registered with a registration system pursuant to this article and licensed and in good standing in the state upon which the practitioner’s registration is based, may practice in this state to the extent authorized by this article as if the practitioner were licensed in this state.(b) A volunteer health practitioner qualified pursuant to this article is not entitled to the protections of this article if the practitioner is licensed in more than one state and any license of the practitioner is suspended, revoked or subject to an agency order limiting or restricting practice privileges, or has been voluntarily terminated under threat of sanction.
WV Code § 29-30-7 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 30. Emergency Volunteer Health Practitioners Act|§29-30-7. Credentialing and Privileging

The provisions of this article do not affect credentialing or privileging standards of a health facility and does not preclude a health facility from waiving or modifying those standards while an emergency declaration is in effect.
WV Code § 29-30-9 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 30. Emergency Volunteer Health Practitioners Act|§29-30-9. Relation to Other Laws

(a) Nothing contained in this article limits rights, privileges or immunities provided to volunteer health practitioners by laws other than this article. Except as otherwise provided in subsection (b) of this section, this article does not affect requirements for the use of health practitioners pursuant to the Emergency Management Assistance Compact.(b) The West Virginia Department of Health and Human Resources, pursuant to the Emergency Management Assistance Compact, may incorporate into the emergency forces of this state volunteer health practitioners who are not officers or employees of this state, a political subdivision of this state or a municipality or other local government within this state.
WV Code § 29-30-10 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 30. Emergency Volunteer Health Practitioners Act|§29-30-10. Limitation of Liability

(a) Subject to subsection (b) of this section, a volunteer health practitioner who provides health or veterinary services pursuant to this article is not liable for damages for an act or omission of the practitioner in providing those services unless the act or omission is an intentional tort or is willful misconduct or wanton, grossly negligent, reckless or criminal conduct.(b) This section does not limit the liability of a volunteer health practitioner for:(1) Willful misconduct or wanton, grossly negligent, reckless or criminal conduct;(2) An intentional tort;(3) Breach of contract;(4) A claim asserted by a host entity or by an entity located in this or another state which employs or uses the services of the practitioner; or(5) An act or omission relating to the operation of a motor vehicle, vessel, aircraft or other vehicle.(c) A person that operates, uses or relies upon information provided by a volunteer health practitioner registration system is not liable for damages for an act or omission relating to that operation, use or reliance unless the act or omission is an intentional tort or is willful misconduct or wanton, grossly negligent, reckless or criminal conduct.
WV Code § 29-30-11 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 30. Emergency Volunteer Health Practitioners Act|§29-30-11. Rulemaking

The Secretary of the Department of Health and Human Resources may promulgate rules pursuant to article three, chapter twenty-nine-a of this code to implement the provisions of this article. These rules shall include measures to facilitate the receipt of benefits for injury or death pursuant to the workers’ compensation laws of this state by volunteer health practitioners who reside in other states.
WV Code § 29-31-1 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 31. State Resiliency and Flood Protection Plan Act|§29-31-1. Short Title; Legislative Findings; Purpose

(a) This article may be known and cited as the “Resiliency and Flood Protection Planning Act”.(b) The West Virginia Legislature finds that:(1) Flooding has affected each of the fifty-five counties and thirty-two major watersheds within the state;(2) Over the past fifty-two years, more than two hundred and eighty-two West Virginians have died in floods;(3) Between January 1996 and January 2017, there have been twenty-seven federal disaster declarations in West Virginia involving flooding; and(4) In June 2016 much of West Virginia suffered devastating flooding. (5) Despite the many state and federal flood protection programs and projects, flooding continues to be West Virginia’s most common and widespread natural disaster.(c) It is the purpose of this article to provide a comprehensive and coordinated statewide resiliency and flood protection planning program to save lives, and develop community and economic resiliency plans including, but not limited to, reducing or mitigating flood damage while supporting economic growth and protecting the environment.
WV Code § 29-31-4 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 31. State Resiliency and Flood Protection Plan Act|§29-31-4. Reporting to the Joint Legislative Committee on Flooding

The State Resiliency Officer shall report, at a minimum of quarterly, to the Joint Legislative Committee on Flooding, created pursuant to 4-15-1 et seq. of this code, in sufficient detail for the committee to be aware of the activities of the office to assure progress toward reducing and mitigating flood damage within this state while respecting and complying with the Takings Clause of the United States Constitution, the West Virginia Constitution, and related precedential court opinions, and to develop legislative recommendations and shall submit an annual report to the committee by December 31 of each year, along with any recommended legislation, budget requests and a summary of the activities of the office for the previous year.
WV Code § 29-31-5 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 31. State Resiliency and Flood Protection Plan Act|§29-31-5. Employees

(a) The State Resiliency Officer shall have the power to hire, administer, and manage employees necessary to fulfill its responsibilities.(1) All employees will be exempt from both the classified services category and the classified-exempt services category as set forth in 29-6-4 of this code.(2) Employee positions are contingent upon the receipt of the necessary federal and/or state funds.(3) Each employee hired shall be deemed an at-will employee who may be discharged or released from his or her respective position without cause or reason.(4) Employees may participate in the PEIA, PERS, and workers' compensation and unemployment compensation programs, or their equivalents. Public safety-related positions will continue to require dual status membership as outlined in 15-1B-26 of this code.(5) All employees and officers of the State Resiliency Office who are entrusted with funds or property shall execute surety bonds.(b) The State Resiliency Officer will set appropriate salary rates for employees equivalent to a competitive wage rate necessary to support a specific mission.
WV Code § 29-32-1 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 32. Medal of Valor|§29-32-1. Medal of Valor

(a) There is hereby established a Medal of Valor to be awarded to firefighters, law-enforcement officers, and emergency medical services personnel who distinguish themselves conspicuously by gallantry and intrepidity at the risk of their lives above and beyond the call of duty in the performance of their duties.(b) A Medal of Valor may only be awarded in the manner set forth in this article.
WV Code § 29-32-2 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 32. Medal of Valor|§29-32-2. First Responders Honor Board

(a) The First Responders Honor Board is hereby established within the Department of Homeland Security as an advisory board to the Legislature. The purpose of the board is to recommend to the Legislature firefighters, law-enforcement officers, and emergency medical services personnel in West Virginia who have distinguished themselves conspicuously by gallantry and intrepidity at the risk of their lives above and beyond the call of duty in the performance of their duties to be awarded a Medal of Valor. (b) Board membership. (1) The board shall consist of two members from each of the states senatorial districts. Each State Senator shall appoint one member representing his or her district. (2) The board shall be composed of firefighters; fire chiefs; law enforcement officials such as sheriffs, correctional officers, and police chiefs; emergency medical services personnel; medical officials; doctors; and other professionals who are qualified to evaluate and determine whether the actions of firefighters, law-enforcement officers, and emergency medical services personnel rise to the level of being above and beyond the call of duty.(3) Members shall serve a three-year term and shall serve without compensation.(4) The board shall annually select a member to serve as the chair. The board shall hold at least one annual meeting. The date, time, and place of the meetings shall be established upon its own resolution or at the call of the chair of the board. Notice of each meeting shall be given to each member by the chair and in compliance with the open meetings laws of the state. A majority of the members of the board serving at any one time constitutes a quorum for the transaction of business.(c) The board may consider candidates for the Medal of Valor who are identified by members of the board or by other citizens, and may design a system for the receipt of those recommendations. (d) The board shall review identified individuals to determine if those firefighters, law-enforcement officers, and emergency medical services personnel have gone above and beyond the call of duty in their professional capacities. Upon determination that a firefighter, law-enforcement officer, or emergency medical services personnel is worthy of this honor, the board shall submit the nomination to the Speaker of the House of Delegates and the President of the Senate for consideration by the Legislature no later than the first day of the next regular session.
WV Code § 29-32-3 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 32. Medal of Valor|§29-32-3. Law Enforcement Officers Honor Board

 [Repealed.]
WV Code § 29-32-4 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 32. Medal of Valor|§29-32-4. Emergency Medical Services Honor Board

[Repealed.]
WV Code § 29-32-5 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 32. Medal of Valor|§29-32-5. Awarding of the Medal of Valor

(a) The Legislature may act on a nomination from the Honor Board established by this article by passing a concurrent resolution. (b) Upon nomination by the First Responders Honor Board, and adoption of a concurrent resolution by the Legislature, the Governor shall bestow the Medal of Valor upon the nominee. (c) The West Virginia Department of Arts, Culture and History shall create the design for the Medal of Valor established by this article.
WV Code § 29A-1-1 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 1. Definitions and Application of Chapter|§29A-1-1. Legislative Findings and Statement of Purpose

The Legislature finds and declares that administrative law and the administrative practice and procedure of the various executive and administrative officers, offices and agencies comprises a body of law and policy which is voluminous, often formulated without adequate public participation and collected and preserved for public knowledge and use in an unacceptable and essentially inaccessible fashion. The Legislature further finds that the delegation of its legislative powers to other departments and agencies of government requires of the Legislature that the rules and regulations of such other departments and agencies, which have the force and effect of law because of their legislative character, should be carefully and extensively reviewed by the Legislature in a manner properly respectful of the separation of powers but in keeping with the legislative force and effect of such rules and regulations. Accordingly the Legislature has and by this chapter intends to fix by law uniform and settled administrative practices and procedures, subject only to enumerated exceptions, for the exercise of executive rule- making authority and for the exercise by executive and administrative officers, offices and agencies of lawfully delegated legislative power, with appropriate legislative review of that exercise of such delegated legislative authority and with established procedures for Legislative Oversight of the exercise of executive rule-making authority.In that light chapter twenty-nine-a of this code establishes, with enumerated exceptions, procedures for rule making, declaratory rulings by agencies and the conduct of contested administrative cases, together with a plan for the systematic preparation, public consideration, orderly promulgation, preservation and public availability of the body of law, policy and administrative decisions within the purview of this chapter.