reglab/housing_qa huggingface dataset:
WV Code § 16-38-7 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 38. Tattoo Studio Business|§16-38-7. Violations and Penalties

Any owner of a tattoo studio who does not obtain a West Virginia business registration certificate, who does not register with their local or regional board of health or who fails to request an inspection pursuant to section six of this article shall be guilty of a misdemeanor and, upon conviction thereof, for a first offense, may have all of the tattoo equipment and paraphernalia confiscated and shall be fined $100. For a second offense, which is a misdemeanor, the owner may have all of the tattoo equipment and paraphernalia confiscated and shall be fined not less than $500 nor more than $1,000 or confined in a county or regional jail not less than ten days nor more than one year, or both fined and imprisoned. For a third offense, which is a misdemeanor, the owner shall have all the tattoo equipment and paraphernalia confiscated, shall be fined not less than $1,000 nor more than $5,000, or confined in a county or regional jail not less than thirty days nor more than one year, or both fined and imprisoned.
WV Code § 16-39-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 39. Patient Safety Act|§16-39-1. Short Title

This article may be cited as the "Patient Safety Act of 2001." The amendments made to this article during the 2021 Regular Session of the Legislature shall be known as "Mylissa Smiths Law."
WV Code § 16-39-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 39. Patient Safety Act|§16-39-2. Legislative Findings and Purpose

[Repealed.]
WV Code § 16-39-3 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 39. Patient Safety Act|§16-39-3. Definitions

For purposes of this article, the following words and phrases have the following meanings:"Appropriate authority" means a federal, state, county, or municipal government body, agency or organization having jurisdiction over criminal law enforcement, regulatory violations, professional conduct or ethics, or waste or any member, officer, agent, representative, or supervisory employee thereof;"Commissioner" means the commissioner of the division of health;"Direct patient care" means health care that provides for the physical, diagnostic, emotional, or rehabilitational needs of a patient or health care that involves examination, treatment, or preparation for diagnostic tests or procedures. "Discrimination or retaliation" includes any threat, intimidation, discharge, or any adverse change in a health care workers position, location, compensation, benefits, privileges, or terms or conditions of employment that occurs as a result of a health care worker engaging in any action protected by this article."Good faith report" means a report of conduct defined in this article as wrongdoing or waste that is made without malice or consideration of personal benefit and which the person making the report has reasonable cause to believe is true."Health care entity" includes a health care facility, such as a hospital, clinic, nursing facility, or other provider of health care services. "Health care facility" means:(1) A hospital licensed pursuant to 16-5B-1 et seq. of this code;(2) A nursing home licensed pursuant to 16-5C-1 et seq. of this code;(3) An assisted living residence licensed pursuant to 16-5D-1 et seq. of this code; and(4) Hospice licensed pursuant to 16-5I-1 et seq. of this code."Health care worker" means a person who provides direct patient care to patients of a health care entity and who is an employee of the health care entity, a subcontractor, or independent contractor for the health care entity, or an employee of the subcontractor or independent contractor. The term includes, but is not limited to, a nurse, nurses aide, laboratory technician, physician, intern, resident, physician assistant, physical therapist, or any other person who provides direct patient care. "Patient" means a person living or receiving services as an inpatient at a healthcare facility.  "Public Health State of Emergency" means a federal or state declaration of a state of emergency arising from or relating to a public health crisis. "Visitor" means any visitor from the patients family, hospice or clergy visiting a patient in a healthcare facility."Waste" means the conduct, act, or omission by a health care entity that results in substantial abuse, misuse, destruction, or loss of funds, resources, or property belonging to a patient, a health care entity, or any federal or state program."Wrongdoing" means a violation of any law, rule, regulation, or generally recognized professional or clinical standard that relates to care, services, or conditions and which potentially endangers one or more patients or workers or the public.
WV Code § 16-39-4 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 39. Patient Safety Act|§16-39-4. Prohibition Against Discrimination or Retaliation

(a) No person may retaliate or discriminate in any manner against any health care worker because the worker, or any person acting on behalf of the worker:(1) Makes a good faith report, or is about to report, verbally or in writing, to the health care entity or appropriate authority an instance of wrongdoing or waste.(2) Advocated on behalf of a patient or patients with respect to the care, services or conditions of a health care entity;(3) Initiated, cooperated or otherwise participated in any investigation or proceeding of any governmental entity relating to the care, services or conditions of a health care entity.(b) A health care worker with respect to the conduct described is acting in good faith if the health care worker reasonably believes:(1) That the information is true; and(2) Constitutes waste or wrongdoing as defined in section three of this article.
WV Code § 16-39-5 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 39. Patient Safety Act|§16-39-5. Confidentiality of Complaints to Government Agencies

The identity of a health care worker who complains in good faith to a government agency or department about the quality of care, services or conditions of a health care entity or any waste or wrongdoing by the health care entity shall remain confidential and may not be disclosed by any person except upon the knowing written consent of the health care worker and except in the case in which there is imminent danger to health or public safety or an imminent violation of criminal law.
WV Code § 16-39-6 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 39. Patient Safety Act|§16-39-6. Enforcement

(a) Any health care worker who believes that he or she has been retaliated or discriminated against in violation of section four of this article may file a civil action in any court of competent jurisdiction against the health care entity and the person believed to have violated section four of this article.(b) A court, in rendering a judgment for a complainant in an action brought under this article, shall order, as the court considers appropriate, reinstatement of the health care worker, the payment of back wages, full reinstatement of fringe benefits and seniority rights, actual damages or any combination of these remedies. A court may also award the complainant, all or a portion of the costs of litigation, including reasonable attorneys fees and witness fees, if the court determines that the award is appropriate.(c) An action may be brought under this subsection not later than two years after the date of the last event constituting the alleged violation for which the action is brought.
WV Code § 16-39-7 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 39. Patient Safety Act|§16-39-7. Notice

Each health care entity shall post and keep posted, in conspicuous places on the premises of the health care entity where notices to employees and applicants for employment are customarily posted, a notice, to be prepared or approved by the commissioner, setting forth excerpts from, or summaries of, the pertinent provisions of this article and information pertaining to the filing of a charge under section four of this article.
WV Code § 16-39-8 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 39. Patient Safety Act|§16-39-8. Visitation of a Patient in a Health Care Facility

(a) During a declared public health state of emergency for a contagious disease, a health care facility shall permit visitation of a patient. If the patients death is imminent, the health care facility shall allow visitation upon request at any time and frequency. In all other instances, the health care facility shall allow visitation not less than once every five days. Provided, That visitation permitted by any health care entity may not be inconsistent with any applicable federal law, rule, policy, or guidance in effect for the same emergency.(b) A visitor shall comply with the applicable procedures established by the health care facility.(c) The health care facility may deny a visitor entry to the health care facility, may subject a visitor to expulsion from the facility, or may permanently revoke visitation rights to a visitor who does not comply with the applicable procedures established by the health care facility.(d) A healthcare facility is not liable to a person visiting another person, nor to any other patient or resident of the health care facility, for any civil damages for injury or death resulting from or related to actual or alleged exposure during, or through the performance of, the visitation in compliance with this section, unless the health care facility failed to substantially comply with the applicable health and safety procedures established by the health care facility.
WV Code § 16-40-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 40. Statewide Birth Defects Information System|§16-40-1. Definitions

As used in this article:(1) "Commissioner" means the commissioner of the Bureau for Public Health.(2) "Freestanding birthing center" means any health care facility in which births routinely occur, regardless of whether the facility is located on the campus of another health care facility, and which is not licensed under article five-b of this chapter.(3) "Hospital" means a hospital licensed under the provisions of article five-b of this chapter.(4) "Nurse-midwife" means an individual authorized under article fifteen, chapter thirty of this code to practice nurse-midwifery.(5) "Physician" means an individual authorized under article three or fourteen, chapter thirty of this code to practice medicine and surgery or osteopathic medicine and surgery.
WV Code § 16-40-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 40. Statewide Birth Defects Information System|§16-40-2. Expansion and Implementation of Statewide Birth Defects Information System

(a) The commissioner shall establish and implement a statewide birth defects information system for the collection of information concerning congenital anomalies, stillbirths and abnormal conditions of newborns.(b) The commissioner may require each physician, nurse-midwife, hospital and freestanding birthing center to report to the system information concerning all patients under six years of age with a primary diagnosis of a congenital anomaly or abnormal condition: Provided, That the commissioner may not require the reporting of personal identifying information or enter into the system any personal identifying information regarding congenital anomalies or abnormal conditions of a child whose parent or legal guardian objects on the basis of religious belief. The commissioner may not require a hospital, freestanding birthing center, nurse-midwife or physician to report to the system any information that is required to be reported to the commissioner or the Bureau for Public Health under another provision of this code.(c) On request, each physician, nurse-midwife, hospital and freestanding birthing center shall give the commissioner or authorized employees of the bureau access to the medical records of any patient described in subsection (b) of this section. The bureau shall pay the costs of copying any medical records pursuant to this section.(d) A physician, nurse-midwife, hospital or freestanding birthing center that provides information to the system under subsection (b) of this section is not subject to criminal or civil liability for providing the information.
WV Code § 16-40-3 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 40. Statewide Birth Defects Information System|§16-40-3. Purposes of System

The birth defects information system may be used for all of the following purposes:(1) To identify and describe congenital anomalies, stillbirths and abnormal conditions of newborns;(2) To detect trends and epidemics in congenital anomalies, stillbirths and abnormal conditions of newborns;(3) To quantify morbidity and mortality of congenital anomalies and abnormal conditions of newborns;(4) To stimulate epidemiological research regarding congenital anomalies, stillbirths and abnormal conditions of newborns;(5) To identify risk factors for congenital anomalies, stillbirths and abnormal conditions of newborns;(6) To facilitate intervention in and prevention of congenital anomalies, stillbirths and abnormal conditions of newborns;(7) To facilitate access to treatment for congenital anomalies and abnormal conditions of newborns;(8) To inform and educate the public about congenital anomalies, stillbirths and abnormal conditions of newborns.
WV Code § 16-40-4 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 40. Statewide Birth Defects Information System|§16-40-4. Confidentiality of Information

(a) Except as provided in this section, records received and information assembled by the birth defects information system pursuant to section two of this article are confidential medical records.(b) (1) The commissioner may use information assembled by the system to notify parents, guardians and custodians of children with congenital anomalies or abnormal conditions of medical care and other services available for the child and family.(2) The commissioner may disclose information assembled by the system with the written consent of the parent or legal guardian of the child who is the subject of the information.(c) (1) Access to information assembled by the system is limited to the following persons and government entities:(A) The commissioner;(B) Authorized employees of the bureau; and(C) Qualified persons or government entities that are engaged in demographic, epidemiological or similar studies related to health and health care provision.(2) The commissioner shall give a person or government entity described in subparagraph (C), subdivision (1) of this subsection access to the system only for informational requests of data and only if the person or a representative of the person or government entity signs an agreement to maintain the system's confidentiality.(3) The commissioner shall maintain a record of all persons and government entities given access to the information in the system. The record shall include all of the following information:(A) The name of the person who authorized access to the system;(B) The name, title and organizational affiliation of the person or government entity given access to the system;(C) The dates the person or government entity was given access to the system; and(D) The specific purpose for which the person or government entity intends to use the information.(4) The record maintained pursuant to subdivision (3) of this subsection is a public record as defined in chapter twenty-nine-b of this code.(5) A person who violates an agreement described in subdivision (2) of this subsection shall be denied further access to confidential information maintained by the commissioner.(d) The commissioner may disclose information assembled by the system in summary, statistical or other form that does not identify particular individuals or individual sources of information.
WV Code § 16-40-5 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 40. Statewide Birth Defects Information System|§16-40-5. Parent or Legal Guardian May Require Removal of Information Concerning Child From System

(a) As used in this section, "local board of health" means a local board of health established under the provisions of article two of this chapter.(b) A child's parent or legal guardian who wants information concerning the child removed from the birth defects information system shall request from the local board of health or the child's physician a form prepared by the commissioner. On request, a local board of health or physician shall provide the form to the child's parent or legal guardian. The individual providing the form shall discuss with the child's parent or legal guardian the information contained in the system. If the child's parent or legal guardian signs the form, the local board of health or physician shall forward it to the commissioner. On receipt of the signed form, the commissioner shall remove from the follow-up system any information that identifies the child. All personal identifying information may be removed from the record: Provided, That the record itself shall remain in the system for reporting and analysis purposes.
WV Code § 16-40-6 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 40. Statewide Birth Defects Information System|§16-40-6. Advisory Council

(a) Not later than thirty days after the effective date of this article, the commissioner shall appoint a council to advise on the establishment and implementation of the birth defects information system.(b) The council shall include, at a minimum, persons representing each of the following interests:(1) Obstetrics and gynecology;(2) Pediatrics;(3) Genetics;(4) Epidemiology;(5) Biostatistics;(6) Hospital administration;(7) The Department of Education;(8) Parents of children with congenital anomalies or abnormal conditions;(9) The march of dimes West Virginia state chapter; and(10) The public.(c) (1) Not later than thirty days after the initial appointments are made under subsection (b) of this section, the commissioner shall convene the first meeting of the council. In consultation with and with the approval of the council, the commissioner shall appoint, at the first meeting of the council, the chairperson and vice chairperson of the council from among the members of the council. The chairperson may call additional meetings as the chairperson considers appropriate.(2) The council may establish rules of procedure as necessary to facilitate the council's orderly conduct of business.(3) Council members serve without compensation but, to the extent funds are available, shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties.(d) The council shall recommend to the commissioner a list of congenital anomalies and abnormal conditions of newborns to be reported to the system.
WV Code § 16-40-7 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 40. Statewide Birth Defects Information System|§16-40-7. Rules

Not later than July 1, 2003, the commissioner shall, in consultation with the council created under section six of this article, propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to do all of the following:(1) Implement the birth defects information system;(2) Specify the types of congenital anomalies and abnormal conditions of newborns to be reported to the system under section two of this article;(3) Establish reporting requirements for information concerning diagnosed congenital anomalies and abnormal conditions of newborns;(4) Establish standards that are required to be met by persons or government entities that seek access to the system; and(5) Establish a form for use by parents or legal guardians who seek to have information regarding their children removed from the system and a method of distributing the form to local boards of health and to physicians. The method of distribution must include making the form available on the Internet.
WV Code § 16-40-8 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 40. Statewide Birth Defects Information System|§16-40-8. Reports by Commissioner

Prior to January 1, three years after the date a birth defects information system is implemented pursuant to this article, and by January 1, of each year after that, the commissioner shall prepare a report regarding the birth defects information system. The council created under section six of this article shall, not later than two years after the date a birth defects information system is implemented, specify the information the commissioner is to include in each report. The commissioner shall file the report with the Governor and the Joint Committee on Government and Finance.
WV Code § 16-41-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 41. Oral Health Improvement Act|§16-41-1. Short Title

This article may be cited as the "West Virginia Oral Health Improvement Act".
WV Code § 16-41-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 41. Oral Health Improvement Act|§16-41-2. Oral Health Program and Director

(a) The commissioner of the Bureau for Public Health shall establish and maintain an oral health program.(b) The commissioner of the Bureau for Public Health shall appoint a dentist licensed in this state as director of the oral health program who shall administer the program pursuant to the provisions of section three of this article.
WV Code § 16-41-4 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 41. Oral Health Improvement Act|§16-41-4. Receipt of Funds; Special Revenue Account

(a) The secretary of the Department of Health and Human Resources may, in his or her discretion, transfer funds from other programs within his or her control, to the special revenue account created in this section for the purposes established in this article.(b) The director may apply for and receive for the oral health program any financial aid granted by any private, federal, state or local or other grant or source.(c) There is hereby established in the State Treasury a special revenue account designated the "Oral Health Program Fund". All funds received by the director for the oral health program shall be deposited in the special revenue account.(d) Moneys deposited in this fund shall be used exclusively to provide oral health services to accomplish the purposes of this article. Expenditures of moneys deposited in this fund are to be made in accordance with appropriation by the Legislature and in accordance with article three, chapter twelve of this code and upon fulfillment of the provisions of article two, chapter five-a of this code: Provided, That for the fiscal year beginning July 1, 2002, expenditures are authorized from deposits rather than pursuant to appropriation by the Legislature. The director may disburse funds from the special revenue account as required by this article.
WV Code § 16-41-5 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 41. Oral Health Improvement Act|§16-41-5. Contracts

The director may enter into contracts and agreements necessary to facilitate the efficient and economical provision of oral health services under this article, including contracts for the purchase of services, equipment, and supplies from qualified providers, if included in the plan.
WV Code § 16-41-6 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 41. Oral Health Improvement Act|§16-41-6. Reporting Requirements

On or before December 1, of each year, the commissioner shall submit a report on the commissioner's findings and recommendations to the Governor and the Joint Committee on Government and Finance on the oral health programs established under this article. The report shall include the identification of existing barriers to proper oral health care in the state and recommendations addressing the removal of the barriers.