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WV Code § 16-2L-6 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2L. Provider Sponsored Networks|§16-2L-6. Rulemaking Authority

The secretary may promulgate emergency rules and shall propose for legislative approval legislative rules, in accordance with the provisions of article three, chapter twenty-nine-a of this code, as are necessary to provide for implementation and enforcement of the provisions of this article.
WV Code § 16-2L-7 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2L. Provider Sponsored Networks|§16-2L-7. Reports to the Legislature

The secretary shall include in his or her annual report to the Legislature the status of the provider sponsored network programs operating during the previous fiscal year.
WV Code § 16-2M-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2M. The Pain-Capable Unborn Child Protection Act|§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.
WV Code § 16-2M-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2M. The Pain-Capable Unborn Child Protection Act|§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.
WV Code § 16-2M-3 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2M. The Pain-Capable Unborn Child Protection Act|§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.
WV Code § 16-2M-4 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2M. The Pain-Capable Unborn Child Protection Act|§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.
WV Code § 16-2M-5 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2M. The Pain-Capable Unborn Child Protection Act|§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.
WV Code § 16-2M-6 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2M. The Pain-Capable Unborn Child Protection Act|§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.
WV Code § 16-2M-7 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2M. The Pain-Capable Unborn Child Protection Act|§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.
WV Code § 16-2N-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2N. Neonatal Abstinence Centers|§16-2N-1. Neonatal Abstinence Centers Authorized; Licensure Required

Neonatal abstinence centers are a distinct type of medical facility, providing unique medical services in the state. Neonatal abstinence centers may provide treatment for infants under one year of age suffering from Neonatal Abstinence Syndrome, including, but not limited to, the following services:(1) Administration of medications;(2) Pain management;(3) Scoring, analysis and monitoring of symptoms;(4) Nursing care;(5) Plan of care;(6) Therapeutic handling;(7) Nutrition management;(8) Doctor visits; and(9) Parental training.
WV Code § 16-2N-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2N. Neonatal Abstinence Centers|§16-2N-2. Rules; Minimum Standards for Neonatal Abstinence Centers

(a) The secretary shall promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-two of this code to carry out the purpose of this article. These rules shall include at a minimum:(1) Licensing procedures for neonatal abstinence centers. These procedures shall be in place by July 1, 2015;(2) The minimum standards of operation for neonatal abstinence facilities including the following:(A) Minimum numbers of administrators, medical directors, nurses, aides and other personnel according to the occupancy of the facility;(B) Qualifications of facility's administrators, medical directors, nurses, aides and other personnel;(C) Safety requirements;(D) Sanitation requirements;(E) Therapeutic services to be provided;(F) Medical records;(G) Pharmacy services;(H) Nursing services;(I) Medical services;(J) Physical facility;(K) Visitation privileges; and(L) Admission, transfer and discharge policies.(b) The provisions of the rules promulgated pursuant to this section shall apply only to those facilities regulated pursuant to section five, article two-d of this chapter and shall not apply to a hospital-based acute care unit.
WV Code § 16-2N-3 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2N. Neonatal Abstinence Centers|§16-2N-3. Certificate of Need; Exemption From Moratorium

Notwithstanding any other provision of this code, the Health Care Authority shall consider neonatal abstinence services provided in neonatal abstinence care centers as a unique and distinct medical service in conducting a certificate of need review.
WV Code § 16-2P-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2P. Born-Alive Abortion Survivors Protection Act|§16-2P-1. Born-Alive Abortion Survivors Protection Act

 (a) Definitions. For purposes of this section:(1) "Abortion" has the same meaning as that set forth in 16-2F-2 of this code.(2) "Attempt to perform an abortion" has the same meaning as that set forth in 16-2M-2 of this code.(3) "Born alive" means the complete expulsion or extraction from its mother of the fetus, at any stage of development, who after such expulsion or extraction breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut, and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion.(4) "Fetus" has the same meaning as that set forth in 16-2M-2 of this code.(5) "Licensed Medical Professional" means a person licensed under Chapter 30 of this code practicing within his or her scope of practice.(6) "Physician" has the same meaning as set forth in 16-2M-2 of this code.(7) "Reasonable medical judgment" has the same meaning as set forth in 16-2M-2 of this code.(b) Prohibition. (1) If a physician performs or attempts to perform an abortion that results in a child being born alive the physician shall:(A) Exercise the same degree of reasonable medical judgment to preserve the life and health of the child as a physician would render to any other child born alive at the same gestational age; and(B) Ensure that the child born alive is immediately transported and admitted to a hospital.(2) A person who has knowledge of a failure to comply with the requirements of this subsection shall report the failure to the applicable licensing board. (c) Enforcement. (1) Any physician or other licensed medical professional who knowingly and willingly violates subsection (b) of this section is considered to have breached 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.(2) Any person, not subject to subdivision (1) of this subsection, who knowingly and willfully violates subsection (b) of this section is guilty of the unauthorized practice of medicine in violation of 30-3-13 of this code, and, upon conviction thereof, is subject to the penalties contained in that section.(3) In addition to the penalties set forth in this section, a patient may seek any remedy otherwise available to the patient by applicable law.(4) No penalty may be assessed against any patient upon whom an abortion is performed or attempted to be performed.
WV Code § 16-3-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 3. Prevention and Control of Communicable and Other Infectious Diseases|§16-3-1. State Director of Health Authority to Quarantine and to Enforce Regulations; State Board of Health Authority to Issue Regulations to Control Infectious or Contagious Diseases

The state director of health is empowered to establish and strictly maintain quarantine at such places as he may deem proper and forbid and prevent the assembling of the people in any place, when the state director of health or any county or municipal health officer deems that the public health and safety so demand, and the state board of health may adopt rules and regulations to obstruct and prevent the introduction or spread of smallpox or other communicable or infectious diseases into or within the State, and the state director of health shall have the power to enforce these regulations by detention and arrest, if necessary. The state director of health shall have power to enter into any town, city, factory, railroad train, steamboat or other place whatsoever, and enter upon and inspect private property for the purpose of investigating the sanitary and hygienic conditions and the presence of cases of infectious diseases, and may, at his discretion, take charge of any epidemic or endemic conditions, and enforce such regulations as the state board of health may prescribe. All expenses incurred in controlling any endemic or epidemic conditions shall be paid by the county or municipality in which such epidemic occurs.
WV Code § 16-3-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 3. Prevention and Control of Communicable and Other Infectious Diseases|§16-3-2. Powers of County and Municipal Boards of Health to Establish Quarantine; Penalty for Violation

The county board of health of any county may declare quarantine therein, or in any particular district or place therein, whenever in their judgment it is necessary to prevent the spread of any communicable or infectious disease prevalent therein, or to prevent the introduction of any communicable or infectious disease prevailing in any other state, county or place, and of any and all persons and things likely to spread such infection. As soon as such quarantine is established such board shall, in writing, inform the director of health thereof, the duty of whom it shall be to ascertain, as soon as practicable, the necessity therefor, if any exists, and if the state director of health finds that no such necessity exists, the same shall, by the said director, be declared raised. The said county board of health shall have power and authority to enforce such quarantine until the same is raised as aforesaid, or by themselves, and may confine any such infected person, or any person liable to spread such infection, to the house or premises in which he resides, or if he has no residence in the county, at a place to be provided by them for the purpose; and if it shall become necessary to do so, they shall summon sufficient guard for the enforcement of their orders in the premises. Every person who shall fail or refuse to comply with any order made by such board under this section, and every person summoned as such guard who shall, without a lawful excuse, fail or refuse to obey the orders and directions of such board in enforcing said quarantine, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five nor more than $200. In cases of emergency or actual necessity, and when the county commission or corporate authorities are from any cause unable to meet or to provide for the emergency or the necessity of the case, all actual expenditures necessary for local and county quarantine, as provided for in this section, shall be certified by the county board of health to the county commission, and the whole, or as much thereof as the said commission may deem right and proper, shall be paid out of the county treasury. The board of health of any city, town or village shall have, within the municipality, the same powers and perform the same duties herein conferred upon and required of the county board of health in their county. So far as applicable the provisions of this section shall apply to any quarantine established and maintained by the state director of health pursuant to section one of this article.