reglab/housing_qa huggingface dataset:
WV Code § 16-61-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 61. Palliative Care|§16-61-2. Definitions

As used in this article:"Palliative care" means an interdisciplinary team-based model of care process designed to relieve suffering and improve quality of life for patients and families facing serious, though not necessarily terminal, illness. The care should be available at any stage of illness from birth to advanced age and may be offered simultaneously with disease modifying interventions, including attempts for cure or remission."Interdisciplinary team" means a care team comprised of medical and nonmedical disciplines with specialty training or certification in palliative care and may include volunteers and lay workers. This team includes, at a minimum, the following: (1) A physician; (2) an advanced practice registered nurse or a registered nurse; (3) a social worker; and may include (4) a member of the clergy; (5) a counselor; and (6) a consulting pharmacist.
WV Code § 16-61-3 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 61. Palliative Care|§16-61-3. Development of Educational Materials and Database

 (a) The State Advisory Coalition on Palliative Care, working in conjunction with the Bureau for Public Health, shall develop a work group to create the content of educational materials regarding palliative care for distribution to providers and to the general public. These materials should at a minimum provide an overview of the different models of palliative care services offered throughout the continuum of care and a description of the interdisciplinary team.
WV Code § 16-62-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 62. The Patient Brokering Act|§16-62-1. Definitions

For the purposes of this article:"Health care provider or health care facility" means any person or entity licensed or certified or authorized by law to provide professional health care service in this state to a patient during that patients medical, remedial or behavioral health care, treatment, or confinement."Health care provider network entity" means a corporation, partnership, or limited liability company owned or operated by two or more health care providers, and organized for the purpose of entering into agreements with health insurers, health care purchasing groups, or the Medicare or Medicaid program."Health insurer" means any insurance company authorized to transact health insurance in the state, any insurance company authorized to transact health insurance or casualty insurance in the state that is offering a minimum premium plan or stop-loss coverage for any person or entity providing health care benefits, any self-insurance plan, any health maintenance organization, any prepaid health clinic, any prepaid limited health service organization, any multiple-employer welfare arrangement, or any fraternal benefit society providing health benefits to its members.
WV Code § 16-62-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 62. The Patient Brokering Act|§16-62-2. Patient Brokering Prohibited

(a) It is unlawful for any person, including any health care provider or health care facility, to:(1) Offer or pay a commission, benefit, bonus, rebate, kickback, or bribe, directly or indirectly, in cash or in kind, or engage in any split-fee arrangement, in any form whatsoever, to induce the referral of a patient or patronage to or from a health care provider or health care facility;(2) Solicit or receive a commission, benefit, bonus, rebate, kickback, or bribe, directly or indirectly, in cash or in kind, or engage in any split-fee arrangement, in any form whatsoever, in return for referring a patient or patronage to or from a health care provider or health care facility;(3) Solicit or receive a commission, benefit, bonus, rebate, kickback, or bribe, directly or indirectly, in cash or in kind, or engage in any split-fee arrangement, in any form whatsoever, in return for the acceptance or acknowledgment of treatment from a health care provider or health care facility; (4) Aid, abet, advise, or otherwise participate in the conduct prohibited under this subsection; or(5) Engage in any of the unlawful acts provided for in this subsection in regard to a recovery residence as defined in 16-59-1 of this code.(b) Penalties.  (1) Any person who violates the provisions of subsection (a) of this section is guilty of a felony and, upon conviction thereof, shall be fined not more than $50,000, or imprisoned in a state correctional facility for not less than one year nor more than five years, or both fined and imprisoned.(2) Notwithstanding the provisions of subdivision (1) of this section, any person who violates subsection (a) of this section, where the prohibited conduct involves 10 or more patients, is guilty of a felony and, upon conviction, shall be fined not more than $100,000, or imprisoned in a state correctional facility not less than two years nor more than five years, or both fined and imprisoned.
WV Code § 16-63-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 63. Statewide Uniformity for Auxiliary Container Regulations|§16-63-1. Definitions

As used in this article:"Auxiliary container" means a bag, cup, bottle, or other packaging, whether reusable or single-use, that meets both of the following requirements:(1) Is made of cloth, paper, plastic, cardboard, corrugated material, aluminum, glass, postconsumer recycled material, or similar material or substrates, including coated, laminated, or multilayer substrates.(2) Is designed for transporting, consuming, or protecting merchandise, food, or beverages from or at a food service or retail facility."Local unit of government" means a county, municipality, or city.
WV Code § 16-63-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 63. Statewide Uniformity for Auxiliary Container Regulations|§16-63-2. Local Ordinance Requirements

Subject to 16-63-3 of this code, a local unit of government may not adopt or enforce an ordinance that does any of the following:(1) Regulates the use, disposition, or sale of auxiliary containers.(2) Prohibits or restricts auxiliary containers.(3) Imposes a fee, charge, or tax on auxiliary containers.
WV Code § 16-63-3 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 63. Statewide Uniformity for Auxiliary Container Regulations|§16-63-3. Ordinances Permitted

(a) 16-63-2 of this code may not be construed to prohibit or restrict any of the following:(1) A curbside recycling program.(2) A designated residential or commercial recycling location.(3) A commercial recycling program.(b) 16-63-2 of this code does not apply to any of the following:(1) An ordinance that prohibits littering, as described in 22-15A-2 of this code.(2) The use of auxiliary containers on property owned by a local unit of government.
WV Code § 16-64-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 64. Syringe Services Programs|§16-64-1. Definitions

As used in this article, the term:"Administrator" means a person having the authority and responsibility for operation of the syringe services program and serves as the contact for communication with the Director of the Harm Reduction Program."Applicant" means the entity applying for a license under this article."Board of Review" means the board established in 9-2-6(13) of this code."Director" means the Director of the Office of Health Facility Licensure and Certification."Fixed site" means a building or single location where syringe exchange services are provided."Harm reduction program" means a program that provides services intended to lessen the adverse consequences of drug use and protect public health and safety, by providing direct access to or a referral to: Syringe services program; substance use disorder treatment programs; screenings; vaccinations; education about overdose prevention; wound care; opioid antagonist distribution and education; and other medical services. "HIV" means the etiologic virus of AIDS or Human Immunodeficiency Virus."License" means the document issued by the office authorizing the syringe services program to operate."Local health department" means a health department operated by local boards of health, created, established, and maintained pursuant to 16-2-1 et seq. of this code."Location" means a site within the service area of a local health department. A location can be a fixed site or a mobile site."Mobile site" means a location accessible by foot or vehicle that is not at a fixed indoor setting. "Syringe services program" means a community-based program that provides access to sterile syringes, facilitates safe disposal of used syringes, and is part of a harm reduction program."Syringe stick injury" means a penetrating wound from a syringe that may result in exposure to blood."Syringe stick injury protocol" means policies and procedures to prevent syringe stick injury to syringe exchange staff, including volunteers, community members, and to syringe exchange participants."Service area" means the territorial jurisdiction of the syringe services program."Sharps waste" means used syringes and lancets."Staff" means a person who provides syringe services or harm reduction services on behalf of a program."Syringe" means both the needle and syringe used to inject fluids into the body.
WV Code § 16-64-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 64. Syringe Services Programs|§16-64-2. Application for License to Offer a Syringe Services Program

(a) All new and existing syringe services programs shall obtain a license from the Office for Health Facility Licensure and Certification.(b) To be eligible for a license, a syringe services program shall:(1) Submit an application on a form approved and provided by the office director;(2) Provide the name of the program;(3) Provide a description of the harm reduction program it is associated with and the harm reduction services provided in accordance with 16-2-3 of this code;(4) Provide the contact information of the individual designated by the applicant as the administrator of the harm reduction program;(5) Provide the hours of operation, location, and staffing. The description of hours of operation must include the specific days the syringe services program is open, opening and closing times, and frequency of syringe exchange services. The description of staffing must include number of staff, titles of positions, and descriptions of their functions;(6) Provide a specific description of the applicants ability to refer to or facilitate entry into substance use treatment;(7) Provide a specific description of the applicants ability to encourage usage of medical care and mental health services as well as social welfare and health promotion; (8) Pay an application fee in amount not to exceed $500, to be determined by the director by legislative rule; and(9) Provide a written statement of support from a majority of the members of the county commission and a majority of the members of a governing body of a municipality in which it is located or is proposing to locate.
WV Code § 16-64-4 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 64. Syringe Services Programs|§16-64-4. Procedure for Revocation or Limitation of the Syringe Services Programs

(a) The director may revoke, suspend, or limit a syringe services programs ability to offer services for the following reasons:(1) The syringe services program provides false or misleading information to the director;(2) An inspection indicates the syringe services programs is in violation of the law or legislative rule;(3) The syringe services program fails to cooperate with the director during a complaint investigation; or(4) Recission of the letter of approval from a majority of the county commissioners or the governing body of a municipality.(b) The director shall send written notice to the syringe services program of revocation, suspension, or limitation of its operations. The written notice shall include the following:(1) Effective date of the revocation, suspension, or limitation;(2) The basis for the revocation, suspension, or limitation;(3) The location to which the revocation, suspension, or limitation applies;(4) The remedial measures the syringe services programs shall take, if any, to consider reinstatement of the program or removal of the limitation; and(5) Steps to appeal of the decision.
WV Code § 16-64-5 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 64. Syringe Services Programs|§16-64-5. Administrative Due Process

(a) A syringe services program who disagrees with an administrative decision may, within 30 days after receiving notice of the decision, appeal the decision to the departments board of review.(b) All pertinent provisions of 29A-5-1 et seq. of this code apply to and govern any hearing authorized by this statute.(c) The filing of a request for a hearing does not stay or supersede enforcement of the final decision of the director. The director may, upon good cause shown, stay such enforcement.
WV Code § 16-64-6 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 64. Syringe Services Programs|§16-64-6. Administrative Appeals and Judicial Review

(a) A syringe services program who disagrees with the final administrative decision may, within 30 days after the date the appellant received notice of the decision of the board of review, appeal the decision to the Circuit Court of Kanawha County or in the county where the petitioner resides or does business.(b) The filing of the petition for appeal does not stay or supersede enforcement of the final decision or order of the director. An appellant may apply to the circuit court for a stay of or to supersede the final decision or order for good cause shown.(c) No circuit court has jurisdiction to consider a decision of the board if the petitioner has failed to file a request for review with the board of review within the time frame set forth in this article.
WV Code § 16-64-7 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 64. Syringe Services Programs|§16-64-7. Reporting Requirements; Renewal; Rulemaking

(a) A syringe services program shall renew its license annually on the anniversary date of license approval. (b) A syringe services program shall file an annual report with the director. The report shall include:(1) The total number of persons served;(2) The total numbers and types of syringes, and syringes dispensed, collected, and disposed of; (3) The total number of syringe stick injuries to non-participants; (4) Statistics regarding the number of individuals entering substance use treatment; and(5) The total and types of referrals made to substance use treatment and other services.(c) The office shall promulgate and propose rules and regulations under 29A-1-1 et seq. of this code to carry out the intent and purposes of this article. Such rules and regulations shall be in accordance with evidence-based practices. The office shall promulgate an emergency rule by July 1, 2021. The emergency rule shall effectuate the provisions of this article in accordance with evidence-based practices.
WV Code § 16-64-8 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 64. Syringe Services Programs|§16-64-8. Immunity

(a) Notwithstanding any provision of this code to the contrary, an employee, volunteer, or participant of a licensed syringe services program may not be arrested, charged with, or prosecuted for possession of any of the following: (1) Sterile or used syringes, hypodermic syringes, injection supplies obtained from or returned to a program, or other safer drug use materials obtained from a program established pursuant to this article, including testing supplies for illicit substances. (2) Residual amounts of a controlled substance contained in a used syringe, used injection supplies obtained from or returned to a program. (b) A law-enforcement officer who, acting on good faith, arrests or charges a person who is thereafter determined to be entitled to immunity from prosecution under this section is not liable for the arrest or filing of charges.(c) An individual who is wrongly detained, arrested or prosecuted under this section shall have the public record associated with the detainment, arrest or prosecution expunged. (d) A health care professional, or an employee or volunteer of a licensed syringe services program is not subject to professional sanction, detainment, arrest, or prosecution for carrying out the provisions of this article. (e) A business that has syringe litter on its property is immune from civil or criminal liability in any action relating to the needle on its property unless the business owner acted in reckless disregard for the safety of others.
WV Code § 16-64-9 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 64. Syringe Services Programs|§16-64-9. Civil Penalties and Injunctive Relief

(a) The Office of Health Facilities Licensure and Certification may assess an administrative penalty of not less than $500 nor more than $10,000 per violation of this article.(b) The Office of Health Facilities Licensure and Certification may seek injunctive relief to enforce the provisions of this article.
WV Code § 16-64-10 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 64. Syringe Services Programs|§16-64-10. Coordination of Care

(a) A syringe service program shall coordinate with other health care providers in its services to render care to the individuals as set forth in the program requirements.(b) In the event that the syringe services program is closed, the syringe services program shall notify the participant of the closure of the service, prior to closure, in a conspicuous location, and provide an individual with a transition care plan.(c) The Bureau for Medical Services shall submit a state plan amendment to permit harm reduction programs to be an eligible provider, except that the syringe exchange services shall not be eligible for reimbursement under the state plan.(d) Upon passage, any existing provider not offering the full array of harm reduction services as set forth in this section shall cease and desist offering all needle exchange services. Any provider offering the full array of harm reduction services shall have until January 1, 2022, to come into compliance with this section. Any new provider shall have until January 1, 2022, to come into compliance with the provisions of this section.
WV Code § 16A-1-1 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 1. Short Title|§16A-1-1. Short Title

This chapter is in honor of James William “Bill” Flanigan and Lucile Gillespie and shall be known and cited as the West Virginia Medical Cannabis Act.
WV Code § 16A-3-2 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 3. Medical Cannabis Program|§16A-3-2. Lawful Use of Medical Cannabis

(a) Notwithstanding any provision of law to the contrary, the use or possession of medical cannabis as set forth in this act is lawful within this state, subject to the following conditions:(1) Medical cannabis may only be dispensed to:(A) a patient who receives a certification from a practitioner and is in possession of a valid identification card issued by the bureau; and(B) a caregiver who is in possession of a valid identification card issued by the bureau.(2) Subject to rules promulgated under this act, medical cannabis may only be dispensed to a patient or caregiver in the following forms:(A) Pill;(B) Oil;(C) Topical forms, including gels, creams or ointments;(D) A form medically appropriate for administration by vaporization or nebulization, excluding dry leaf or plant form until dry leaf or plant forms become acceptable under rules adopted by the bureau;(E) Tincture;(F) Liquid; or(G) Dermal patch.(3) Unless otherwise provided in rules adopted by the bureau under section two, article eleven of this chapter, medical cannabis may not be dispensed to a patient or a caregiver in dry leaf or plant form.(4) An individual may not act as a caregiver for more than five patients.(5) A patient may designate up to two caregivers at any one time.(6) Medical cannabis that has not been used by the patient shall be kept in the original package in which it was dispensed.(7) A patient or caregiver shall possess an identification card whenever the patient or caregiver is in possession of medical cannabis.(8) Products packaged by a grower/processor or sold by a dispensary shall only be identified by the name of the grower/processor, the name of the dispensary, the form and species of medical cannabis, the percentage of tetrahydrocannabinol and cannabinol contained in the product.
WV Code § 16A-3-3 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 3. Medical Cannabis Program|§16A-3-3. Unlawful Use of Medical Cannabis

(a) Except as provided in section two of this article, section four of article seven, article thirteen or article fourteen of this chapter, the use of medical cannabis is unlawful and shall, in addition to any other penalty provided by law, be deemed a violation of the Uniform Controlled Substances Act under chapter sixty-a of this code.(b) It shall be unlawful to:(1) Smoke medical cannabis.(2) Except as provided under subsection (c), incorporate medical cannabis into edible form or sell in edible form.(3) Grow medical cannabis unless the grower/processor has received a permit from the bureau under this act.(4) Grow or dispense medical cannabis unless authorized as a health care medical cannabis organization under article thirteen of this chapter.(5) Dispense medical cannabis unless the dispensary has received a permit from the bureau under this act.(c) Edible medical cannabis. — Nothing in this act shall be construed to preclude the incorporation of medical cannabis into edible form by a patient or a caregiver in order to aid ingestion of the medical cannabis by the patient.
WV Code § 16A-3-4 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 3. Medical Cannabis Program|§16A-3-4. Confidentiality

(a) Patient information. — The bureau shall maintain a confidential list of patients and caregivers to whom it has issued identification cards. All information obtained by the bureau relating to patients, caregivers and other applicants shall be confidential and not subject to public disclosure under chapter twenty-nine-b of this code, including specifically the following:(1) Individual identifying information about patients and caregivers.(2) Certifications issued by practitioners.(3) Information on identification cards.(4) Information provided by the West Virginia State Police under section two, article five of this chapter.(5) Information relating to the patient’s serious medical condition.(b) Public information. — The following records are public records and shall be subject to the Freedom of Information Act, under chapter twenty-nine-b of this code:(1) Applications for permits submitted by medical cannabis organizations.(2) The names, business addresses and medical credentials of practitioners authorized to provide certifications to patients to enable them to obtain and use medical cannabis in this state. All other practitioner registration information shall be confidential and exempt from public disclosure under the Freedom of Information Act.(3) Information relating to penalties or other disciplinary actions taken against a medical cannabis organization or practitioner by the bureau for violation of this act.
WV Code § 16A-3-5 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 3. Medical Cannabis Program|§16A-3-5. Reciprocity for Terminally Ill Cancer Patients

The bureau may enter into reciprocity agreements with any states that have comparable requirements for the use and lawful purchase of medical cannabis in a manner consistent with the provisions of this article to allow terminally ill cancer patients to purchase medical cannabis in another state.