reglab/housing_qa huggingface dataset:
WV Code § 16-46-6 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 46. Access to Opioid Antagonists Act|§16-46-6. Data Collection and Reporting Requirements; Training

(a) Beginning March 1, 2016, and annually after that the following reports shall be compiled:(1) The Office of Emergency Medical Services shall collect data regarding each administration of an opioid antagonist by an initial responder. The Office of Emergency Medical Services shall report this information to the Legislative Oversight Commission on Health and Human Resources Accountability, Joint Committee on Health and the West Virginia Bureau for Behavioral Health and Health Facilities. The data collected and reported shall include:(A) The number of training programs operating in an Office of Emergency Medical Services-designated training center;(B) The number of individuals who received training to administer an opioid antagonist;(C) The number of individuals who received an opioid antagonist administered by an initial responder;(2) The distribution of an opioid antagonist by a governmental or non-governmental entity, granting institution, medical provider, or pharmacy whose software cannot automatically report to the West Virginia Controlled Substance Monitoring Program database must report to the West Virginia Office of Drug Control Policy on a monthly basis. Report must be generated and submitted by the 10th day of each month for the opioid antagonists dispensed or distributed in the previous month. The following information must be reported:(A) The name and address of the entity dispensing or distributing the opioid antagonist;(B) The name and national drug code for each formulation of opioid antagonist dispensed or distributed;(C) The total quantity of each formulation of opioid antagonist dispensed or distributed.(3) The West Virginia Board of Pharmacy shall query the West Virginia Controlled Substances Monitoring Program database to compile all data related to the dispensing of opioid antagonists and combine that data with any additional data maintained by the Board of Pharmacy related to prescriptions for and distribution of opioid antagonists. The aggregate data shall be reported to the West Virginia Office of Drug Control Policy by the 10th day of each month. By February 1 and annually thereafter, the West Virginia Office of Drug Control Policy shall provide a report of this information, excluding any personally identifiable information, to the Legislative Oversight Commission on Health and Human Resources Accountability, Joint Committee on Health and the West Virginia Bureau for Behavioral Health and Health Facilities.(b) To implement the provisions of this article, including establishing the standards for certification and approval of opioid overdose prevention and treatment training programs and protocols regarding a refusal to transport, the Office of Emergency Medical Services may promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code and shall propose rules for legislative approval in accordance with the provisions of said article.
WV Code § 16-46-7 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 46. Access to Opioid Antagonists Act|§16-46-7. Statewide Standing Orders for Opioid Antagonist

 (a) The state health officer may prescribe on a statewide basis an opioid antagonist by one or more standing orders to eligible recipients.(b) A standing order must specify, at a minimum:(1) The opioid antagonist formulations and means of administration that are approved for dispensing;(2) The eligible recipients to whom the opioid antagonist may be dispensed;(3) Any training that is required for an eligible recipient to whom the opioid antagonist is dispensed;(4) The circumstances under which an eligible recipient may distribute or administer the opioid antagonist; and(5) The timeline for renewing and updating the standing order.
WV Code § 16-47-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 47. Alcohol and Drug Overdose Prevention and Clemency Act|§16-47-1. Short Title

This article is known as and may be cited as the Alcohol and Drug Overdose Prevention and Clemency Act.
WV Code § 16-47-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 47. Alcohol and Drug Overdose Prevention and Clemency Act|§16-47-2. Legislative Findings

(a) West Virginia currently has the highest drug overdose mortality rate in the United States. Since 1999, the number of drug overdose deaths in West Virginia has increased by over six hundred percent. Similarly, the age-adjusted death rate from alcohol-related overdoses has significantly increased in West Virginia, and throughout the United States, in the past ten years.(b) The Legislature finds it is in the public interest to encourage citizens to intervene in drug and alcohol overdose situations by seeking potentially life-saving emergency medical assistance for others without fear of being subject to certain criminal penalties.
WV Code § 16-47-3 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 47. Alcohol and Drug Overdose Prevention and Clemency Act|§16-47-3. Definitions

As used in this article:(1) "Overdose" means an acute condition, including, but not limited to, life-threatening physical illness, coma, mania, hysteria or death, which is the result of the consumption or use of a controlled substance or alcohol.(2) "Emergency medical assistance" means medical services provided to a person who may be experiencing an overdose by a health care professional licensed, registered or certified under chapter thirty or chapter sixteen of this code acting within his or her lawful scope of practice.
WV Code § 16-47-5 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 47. Alcohol and Drug Overdose Prevention and Clemency Act|§16-47-5. Immunity, Alternative Sentencing and Clemency Options for a Person for Whom Emergency Medical Assistance Was Sought

(a) The immunity provisions in §16-47-4(a) of this code extend to the person for whom emergency medical assistance was sought if, after receiving emergency medical assistance, the person participates in, complies with, and completes a substance abuse treatment or recovery program approved by the court. Alternatively, a court may consider the following alternative sentencing and clemency options:(1) Deferred prosecution under §60-6-26 or §60A-4-407 of this code;(2) Pretrial diversion under §61-11-22 of this code;(3) Adjudication in drug court under §62-15-1 et seq. of this code or §49-4-703 of this code; or(4) Any other appropriate form of alternative sentencing or rehabilitation permitted by this code, including, but not limited to:(A) Probation;(B) Conditional discharge under §60-6-26 of this code; or(C) The weekend jail program, the work program or the community service program under §62-11A-1a of this code.(b) Notwithstanding any other provision of this section to the contrary, a person who may seek immunity or clemency pursuant to subsection (a) of this section and is charged with an offense not exempted by §16-47-4(a) of this code may enter a plea of guilty to an offense exempted by §16-47-4(a) of this code if the person, after consultation with his or her attorney, so desires.
WV Code § 16-47-6 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 47. Alcohol and Drug Overdose Prevention and Clemency Act|§16-47-6. Limited Law-Enforcement Personnel Immunity

Except in cases of willful, wanton or reckless misconduct, law-enforcement personnel are immune from civil liability for citing or arresting a person who is later determined to qualify for immunity under this article.
WV Code § 16-48-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 48. West Virginia Able Act|§16-48-1. Short Title

This article shall be known and may be cited as the "Achieving a Better Life Experience in West Virginia Act" or the "West Virginia ABLE Act".
WV Code § 16-48-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 48. West Virginia Able Act|§16-48-2. Purpose

The purpose of the West Virginia ABLE Act savings program is to authorize the establishment of savings accounts empowering individuals with a disability and their families to save private funds to support the individual with a disability and to provide guidelines for the maintenance of such accounts.
WV Code § 16-48-4 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 48. West Virginia Able Act|§16-48-4. Implementation and Administration of Program; Treasurer S Powers and Responsibilities

(a) The Treasurer shall implement and administer the program under the terms and conditions established by this article. In order to implement and administer the program, the Treasurer may:(1) Engage the services of consultants on a contract basis for rendering professional and technical assistance and advice;(2) Seek rulings and other guidance from the secretary and the federal Internal Revenue Service relating to the program;(3) Make changes to the program required for the participants in the program to obtain the federal income tax benefits or treatment provided by Section 529a of the federal Internal Revenue Code of 1986, as amended;(4) Charge, impose, and collect administrative fees and service charges in connection with any agreement, contract, or transaction relating to the program;(5) Develop marketing plans and promotion material;(6) Establish the methods by which the funds held in accounts shall be dispersed;(7) Establish the method by which funds shall be allocated to pay for administrative costs;(8) Do all things necessary and proper to carry out the purposes of this act;(9) Make an annual evaluation of the ABLE savings program and prepare and submit an annual report of such evaluation to the Governor and Legislature; and(10) Notify the Secretary when an account has been opened for a designated beneficiary and submit other reports concerning the program required by the Secretary.(b) The Treasurer may enter into agreements with other states to either allow West Virginia residents to participate in a plan operated by another state or to allow residents of other states to participate in the West Virginia ABLE program.(c) The Treasurer shall propose rules for legislative approval in accordance with 29A-3-1 et seq. of this code necessary to implement the provisions of this article.
WV Code § 16-48-7 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 48. West Virginia Able Act|§16-48-7. Limitation on Liability

(a) Nothing in this act creates any obligation of the Treasurer, the state or any agency or instrumentality of the state to guarantee for the benefit of any account owner or designated beneficiary with respect to the:(1) Return of principal;(2) Rate of interest or other return on any account; or(3) Payment of interest or other return on any account.(b) The Treasurer may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to provide that every contract, application or other similar document that may be used in connection with opening an account clearly indicates that the account is not insured by the state and that the principal deposited and the investment return are not guaranteed by the state.
WV Code § 16-48-8 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 48. West Virginia Able Act|§16-48-8. Establishment of Savings Program Trust Fund and Savings Expense Fund in State Treasury

(a) The West Virginia ABLE savings program trust fund is hereby established in the State Treasury. The fund shall be utilized if the Treasurer elects to accept deposits from contributors rather than have deposits sent directly to the program manager. Such fund shall consist of any moneys deposited by contributors in accordance with this article which are not deposited directly with the program manager. All interest derived from the deposit and investment of moneys in such savings trust fund shall be credited to the fund. At the end of any fiscal year, all unexpended and unencumbered moneys in such savings trust fund may not be credited or transferred to the State General Fund or to any other fund.(b) (1) The West Virginia ABLE Savings Expense Fund is hereby established in the State Treasury. The fund shall consist of moneys received from the ABLE savings program manager, or any governmental or private grants and any state general fund appropriations, if any, for the program.(2) All expenses incurred by the Treasurer in developing and administering the ABLE savings program shall be payable from the West Virginia ABLE Savings Expense Fund.
WV Code § 16-49-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 49. West Virginia Clearance for Access: Registry and Employment Screening Act|§16-49-2. Background Check Program for the Department, Covered Providers, and Covered Contractors

(a) The secretary shall create and implement a background check program to facilitate the processing and analysis of the criminal history and background of applicants to the department, covered providers, and covered contractors with direct access. This program shall be called the West Virginia Clearance for Access: Registry and Employment Screening.(b) The purpose of the program is to protect West Virginias vulnerable populations by requiring registry and criminal background checks for all direct access personnel of the department, covered providers, and covered contractors.(c) The program shall include:(1) A centralized Internet-based system of registries to allow the department, covered providers, and covered contractors to perform a mandatory prescreening of applicants;(2) Fingerprint-based state and federal criminal background checks on all direct access personnel; and(3) An integrated Rap Back Program with the State Police to allow retention of fingerprints and updates of state and federal criminal information on all direct access personnel until such time as the individual is no longer employed or engaged by the department, the covered provider, or covered contractor.(d) The department shall notify applicants subject to a criminal history record check that their fingerprints shall be retained by the State Police Criminal Identification Bureau and the Federal Bureau of Investigation.
WV Code § 16-49-3 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 49. West Virginia Clearance for Access: Registry and Employment Screening Act|§16-49-3. Prescreening and Criminal Background Checks

(a) Except as otherwise permitted in this article, the department, covered provider, or covered contractor may not employ or engage an applicant prior to completing the background check process.(b) If the applicant has a negative finding on any required prescreening registry or database, the employer shall notify the individual of such finding.(c) If the applicant has a negative finding on any required prescreening registry or database, that individual may not immediately be engaged by the department, covered provider, or covered contractor. (d) If the applicant does not have a negative finding in the prescreening process, the applicant shall submit to fingerprinting for a state and federal criminal history record information check.(e) The State Police shall notify the secretary of the results of the criminal history record information check.(f) If the secretarys review of the criminal history record information reveals that the applicant does not have a disqualifying offense, the secretary shall provide written notice to the bureau, covered provider, or covered contractor that the individual may be engaged.
WV Code § 16-49-4 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 49. West Virginia Clearance for Access: Registry and Employment Screening Act|§16-49-4. Notice of Ineligibility; Prohibited Participation as Direct Access Personnel or Department Employee

(a) If the secretarys review of the applicants criminal history record information reveals a disqualifying offense, the secretary shall provide written notice to the bureau, covered provider, or covered contractor advising that the applicant is ineligible for work. The secretary may not disseminate the criminal history record information.(b) The department, covered provider, or covered contractor may not engage an applicant with a disqualifying offense as direct access personnel. If the applicant has been provisionally employed pursuant to 16-49-6 of this code, the employer shall terminate the provisional employment upon receipt of the notice.
WV Code § 16-49-5 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 49. West Virginia Clearance for Access: Registry and Employment Screening Act|§16-49-5. Variance; Appeals

(a) If the secretary issues a notice of ineligibility, the applicant, or the employer on the applicants behalf, may file a written request for a variance with the secretary not later than 30 days after the date of the notice required by 16-49-3 or 16-49-4 of this code.(b) The secretary may grant a variance if:(1) Mitigating circumstances surrounding the negative finding or disqualifying offense is provided; and(2) The secretary finds that the individual will not pose a danger or threat to residents, members and their property.(c) The secretary shall establish in legislative rule factors that qualify as mitigating circumstances.(d) The secretary shall mail to the applicant and the bureau, covered provider, or covered contractor a written decision within 60 days of receipt of the request indicating whether a variance has been granted or denied.(e) If an applicant believes that their criminal history record information within this state is incorrect or incomplete, they may challenge the accuracy of such information by writing to the State Police for a personal review. However, if the discrepancies are at the charge or final disposition level, the applicant must address this with the court or arresting agency that submitted the record to the State Police.(f) If an applicant believes that their criminal history record information outside this state is incorrect or incomplete, they may appeal the accuracy of such information by contacting the Federal Bureau of Investigation for instructions.(g) If any changes, corrections, or updates are made in the criminal history record information, the State Police shall notify the secretary that the applicant has appealed the accuracy of the criminal history records and provide the secretary with the updated results of the criminal history record information check, which the secretary shall review de novo in accordance with the provisions of this article.
WV Code § 16-49-6 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 49. West Virginia Clearance for Access: Registry and Employment Screening Act|§16-49-6. Provisional Employment Pending Completion of Background Check

(a) The department, covered provider, or covered contractor may permit an applicant to work on a provisional basis for not more than 60 days pending notification from the secretary regarding the results of the criminal background check if:(1) The applicant is subject to direct on-site supervision, as specified in rule by the secretary, during the course of the provisional period; and(2) In a signed statement the applicant:(A) Affirms that he or she has not committed a disqualifying offense;(B) Acknowledges that a disqualifying offense reported in the required criminal history record information check shall constitute good cause for termination; and(C) Acknowledges that the department, covered provider, or covered contractor may terminate the individual if a disqualifying offense is reported in the background check.(b) Provisional employees who have requested a variance shall not be required to sign such a statement. The department, covered provider, or covered contractor may continue to employ an applicant if an applicant applies for a variance of his or her fitness determination until the variance is resolved.
WV Code § 16-49-7 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 49. West Virginia Clearance for Access: Registry and Employment Screening Act|§16-49-7. Clearance for Subsequent Employment

(a) An applicant is not required to submit to fingerprinting and a criminal background check if:(1) The individual previously submitted to fingerprinting and a full criminal background check as required by this article;(2) The prior criminal background check confirmed that the individual did not have a disqualifying offense or the individual received prior approval from the secretary to work for or with the same type of covered provider or covered contractor; and(3) The Rap Back Program has not identified any criminal activity that constitutes a disqualifying offense.(b) The secretary shall provide notice of prior clearance for direct access status upon request by a subsequent bureau, covered provider, or covered contractor inquiries.
WV Code § 16-49-8 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 49. West Virginia Clearance for Access: Registry and Employment Screening Act|§16-49-8. Fees

In order to enforce the requirements and intent of this article, the following fees may be charged:(1) The State Police may assess a fee to the department, applicants, covered providers, or covered contractors for conducting the criminal background check and for collecting and retaining fingerprints for Rap Back as authorized under this article.(2) The secretary may assess a fee to applicants, covered providers, or covered contractors for the maintenance of the Internet-based system required by this article. The assessment shall be deposited into a special revenue account within the State Treasurers office to be known as the DHHR Criminal Background Administration Account. Expenditures from the account shall be made by the secretary for purposes set forth in this article and are authorized from collections. The account shall be administered by the secretary and may not be deemed a part of the general revenue of the state.
WV Code § 16-49-9 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 49. West Virginia Clearance for Access: Registry and Employment Screening Act|§16-49-9. Rules; Penalties; Confidentiality; Immunity

(a) The secretary shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code to implement the provisions of this article. The secretary may promulgate emergency rules, if justified, pursuant to section fifteen, article three, chapter twenty-nine-a of this code as may be required.(b) Failure of a covered provider or covered contractor to ensure proper completion of the background check process for each individual employed as direct access personnel may result in the imposition of monetary civil penalties. In addition, engaging individuals knowing that they are ineligible to work may subject the employer to monetary civil penalties.(c) The secretary shall treat and maintain any criminal background search information obtained under this article as confidential. The secretary shall limit the use of records solely to the purposes authorized in this article. The criminal history record information in the custody of the secretary is not subject to subpoena, other than one issued in a criminal action or investigation; is confidential by law and privileged; and is not subject to discovery or admissible in evidence in any private civil action.(d) The secretary, the department and its employees are immune from liability, civil or criminal, that might otherwise be incurred or imposed for good faith conduct in determining eligibility or granting variances permitted by this article.