reglab/housing_qa huggingface dataset:
WV Code § 16-2-10 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2. Local Boards of Health|§16-2-10. Local Board of Health; Meetings; Attendance; Bylaws; Quorum; Chairperson Selection, Powers and Duties

(a) Each local board of health may meet as often as necessary to orderly and efficiently execute its duties and exercise its powers: Provided, That in a service area having a population of less than thirty thousand residents, the board shall meet no fewer than four times per year and in a service area having a population of more than thirty thousand residents, the board shall meet no fewer than six times per year. Members of a local board of health shall attend board meetings in compliance with attendance policies established by its bylaws or rules.(b) Each local board of health is authorized to and shall adopt and may amend bylaws or rules governing the time and place of its regular meetings, procedures and method of conducting its meetings including quorum, meeting attendance policies, requirements for written minutes and board actions as public records, duties and election process for officers, process for filling board vacancies, number, duties, tenure and eligibility of members, and any other matters affecting how the board is organized to perform its duties. A quorum of the board for transacting business is a simple majority of the constituent membership of the board. (c) Each local board of health, pursuant to its bylaws, shall elect from its members a chairperson. The chairperson shall serve for a term of one year and may be reelected for additional terms. The chairperson may, on behalf of the board, sign documents, execute contracts and otherwise act for and in the name of the board in all matters within its lawful powers and as duly authorized by a majority of the board members.
WV Code § 16-2-12 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2. Local Boards of Health|§16-2-12. Local Health Officer; Term of Appointment; Qualifications; Reappointment; Compensation; and Removal

A local board of health shall appoint a full-time or part-time local health officer with approval by the commissioner. The local health officer shall be a physician currently licensed in this state and knowledgeable in the science of public health. A local health officer serves at the will and pleasure of the local board for a term of one year and is eligible for reappointment at compensation determined by the local board of health.A local health officer may be removed from office by the commissioner if the local health officer fails or refuses to carry out the lawful orders or rules of the secretary in the event the commissioner determines a public health emergency exists or if the local health officer fails or refuses to enforce public health laws and rules necessary to prevent and control the spread of communicable or reportable diseases dangerous to the public health. Upon removal, a successor local health officer shall immediately be appointed by the board pursuant to the provisions of this article.
WV Code § 16-2-13 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2. Local Boards of Health|§16-2-13. Local Health Officer; Powers and Duties

(a) A local health officer serves as the executive officer of the local board and under its supervision, a local health officer shall administer and enforce state rules, local rules and local health department rules within the local board of healths service area.(b) A local health officer has the following additional powers and duties which may be delegated with the approval of the board:(1) To attend local board meetings as a nonvoting member. A local health officer serves as secretary at all board meetings and is responsible for maintaining the boards offices, meeting minutes and records;(2) To supervise and direct the activities of the local boards health services, employees and facilities;(3) To ensure that procedures are established for the receipt of communicable or reportable disease reports from local physicians and other reporting sources and for the transmittal of the reports to the commissioner;(4) To perform mandatory HIV tests on persons convicted of sex-related offenses and resident within the service area; and(5) To determine when sufficient corrections have been made to warrant removal of any restrictions or limitations placed on an individual or entity for public health purposes by an employee of the local board of health. (c) A local health officer shall perform enforcement activity.(d) A local health officer may issue guidance. (e) A local health officer may issue a health order.
WV Code § 16-2-14 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2. Local Boards of Health|§16-2-14. Financial Responsibilities of Appointing Authorities for Local Boards of Health; Levies; Appropriation of County or Municipal General Funds for Public Health Purposes; State Funding

The appointing authorities for local boards of health shall provide financial support for the operation of the local health department. The county commission of any county or the governing body of any municipality in which a local board of health is established pursuant to the provisions of this article, or the county commission of any county or the governing body of any municipality who is a participating member of a combined local board of health may levy a county or municipal tax to provide funds for the local board of health: Provided, That the tax may not exceed 3¢ on each $100 of assessed valuation of the taxable property in the levying county or municipality, according to the latest assessment.The county commission of any county or the governing body of any municipality in which a local board of health is established pursuant to the provisions of this article, or the county commission of any county or the governing body of any municipality who is a participating member of a combined local board of health may appropriate and spend money from the county or municipal general funds for public health purposes and to pay the expenses of the operation of the local board of health services and facilities.The commissioner and the secretary may pay over and contribute to any board of health created and maintained pursuant to the provisions of this article the sum or sums of money that may be available from funds included in appropriations made for the Department of Health and Human Resources. The commissioner may withhold all or part of any funds until a local board of health submits an acceptable plan to correct deficiencies in the local board's program plan.
WV Code § 16-2-15 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2. Local Boards of Health|§16-2-15. Obstructing Local Health Officers and Others in the Enforcement of Public Health Laws; Other Violations; Penalties

Any person who willfully obstructs any local health officer, public health nurse, sanitarian or any other person charged with the enforcement of any public health law, in the performance of that person's legal duties in enforcing the law, is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $50 and not more than $500.Any person who willfully violates any of the provisions of this article, or any of the rules or orders adopted or issued pursuant to the provisions, for which a penalty is not otherwise provided, is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $200 and not more than $1,000.Magistrates have concurrent jurisdiction with the circuit courts of this state for violations of provisions of this article.
WV Code § 16-2-16 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2. Local Boards of Health|§16-2-16. Food Handler Examinations and Cards

A food handler permit or card issued pursuant to the procedures put in place by a local county health department shall be valid for at least one year but not longer than three years. The permit or card shall be valid in all counties of this state, if the applicant pays an additional fee not to exceed $10. If required, a permit or card shall be obtained within thirty days of a person being hired in a restaurant or other applicable food establishment. The Bureau for Public Health shall develop minimum guidelines for training programs for individuals seeking a food handler permit or card that may be adopted by local county health departments. In lieu of state guidelines a local health department may use training courses developed by the American National Standards Institute or other nationally recognized entities for food safety training.
WV Code § 16-2-17 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2. Local Boards of Health|§16-2-17. Event Permit Fees Good for a Year, Reciprocity From Other State Health Departments

(a) A temporary food service permit issued by a local or county health department to an in-state vendor in their county of residence for preparing and selling non-potentially hazardous foods at a festival, scheduled event, or similar activity which is valid for any time period less than annual and any permit fee paid shall be valid for an entire calendar year for the vendor regardless of the length of time for which the first permit is issued and regardless of the number of subsequent festivals, events or activities for which the vendor requires the same permit. Non-potentially hazardous foods mean food that does not require time or temperature control for safety to limit pathogenic microorganism growth or toxin formation.(b) The permit shall also be valid in the counties that border the vendors county of residence or 25 air miles, whichever is greater. No health department within these defined areas may charge a permit fee to any in-state vendor that has received a temporary food service permit to prepare and sell non-potentially hazardous foods by the other in-state health department during the same calendar year for the same type of activity, but may place conditions and limitations upon an issued permit to assure compliance with that health departments rules and standards for the type of permit being issued. Each vendor must provide notice to the local health department with jurisdiction at least 14 days prior to the start of the festival, event or activity. The permit must be visibly posted at the festival, event, or activity or the permit is not valid.(c) The Secretary shall review and modernize legislative rules regarding local boards of health fees located in 64 CSR 30 in the next filing period.
WV Code § 16-2B-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2B. Family Planning and Child Spacing|§16-2B-1. Family Planning and Child Spacing; Authorized Functions; Funds

(a) The Bureau for Public Health may provide printed material, guidance, advice, financial assistance, appliances, devices, drugs, approved methods, and medicines to local boards of health and other entities requesting the same for use in the operation of family planning and child spacing clinics to the extent of funds appropriated by the Legislature and any federal funds made available for such purpose.(b) The Bureau for Medical Services shall not require multiple office visits or prior authorization for a woman who selects long-acting reversible contraceptive (LARC) methods unless medically necessary. The bureau shall provide payment for LARC devices and their insertion, maintenance, removal, and replacement. The Bureau for Medical Services shall update the managed care contract to include language that the contracted managed care company may not present barriers that delay or prevent access, such as prior authorizations or step-therapy failure requirements; and should receive patient-centered education and counseling on all FDA-approved birth control methods. (c) The Bureau for Public Health may make LARC products available in practitioner offices without upfront practitioner costs.(d) The Bureau for Public Health shall develop a statewide plan with the goal of reducing exposure of a fetus to illicit substances by increasing the number of clients served and enabling access to LARC and other family planning methods. The plan shall include strategies for increasing LARC accessibility and training of health care providers, and shall provide a fiscal analysis of plan implementation and potential impact.(e) The Department of Health and Human Resources shall report annually to the Legislative Oversight Commission on Health and Human Resources Accountability. The report shall include, at a minimum, the number of LARC treatments provided and the number of children born with intrauterine substance exposure and neonatal abstinence syndrome in West Virginia during the past three years.
WV Code § 16-2B-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2B. Family Planning and Child Spacing|§16-2B-2. Local Boards of Health Authorized to Establish Clinics; Supervision; Purposes; Abortion Not Approved; Approval by State Board of Programs

A local board of health, created and maintained pursuant to the provisions of article two or article two-a of this chapter, is authorized to establish and operate within its jurisdiction, one or more family planning and child spacing clinics under the supervision of a licensed physician for the purpose of disseminating information, conducting medical examinations and distributing family planning and child spacing appliances, devices, drugs, approved methods and medication without charge to indigent and medically indigent persons on request and with the approval of said licensed physician. Such information, appliances, devices, drugs, approved methods and medication shall be dispensed only in accordance with the recipients' expressed wishes and beliefs and in accordance with all state and federal laws for the dispensing of legend drugs: Provided, That the procedure of abortion shall not be considered an approved method of family planning and child spacing within the intent of this section and is expressly excluded from the programs herein authorized. All local boards of health receiving state or federal funds for family planning or child spacing programs shall first receive approval by the state board of health Should this be Secretary of the Department of Health and Should this be Secretary of the Department of Health and Should this be Secretary of the Department of Health and of their general plan of operation of such programs.
WV Code § 16-2B-3 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2B. Family Planning and Child Spacing|§16-2B-3. State and Local Health and Welfare Agency Employees to Advise Indigent and Medically Indigent of Availability of Services; Compulsory Acceptance of Services Prohibited; Acceptance Not Condition to Receiving Other Services and Benefits

The state director of health, and commissioner of the department of welfare are directed to instruct their employees who work with the indigent and medically indigent to advise such indigent persons of the availability of the family planning and child spacing services offered by the state and local health departments: Provided, however, That no employee of the State of West Virginia or any employee of its agencies or of its political subdivisions, including but not limited to local health, or welfare agencies may compel any individual or family, either directly or indirectly, to accept or practice family planning, or any particular family planning method as a condition for receiving other public services or governmental benefits in any form nor shall any such employee or person represent to any individual or family, either directly or indirectly, that the acceptance or practice of family planning is a condition for receiving any public services or governmental benefits. Any violation of this section shall be grounds for dismissal or other appropriate disciplinary action.
WV Code § 16-2B-4 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2B. Family Planning and Child Spacing|§16-2B-4. Exemption of Employees From Offering Services When Such Duty Is Contrary to Religious Beliefs

Any employee of the State of West Virginia or any of its agencies or political subdivisions, including, but not limited to, local health or welfare agencies, may refuse to accept the duty of offering family planning services to the extent that such duty is contrary to his personal religious beliefs and such refusal shall not be grounds for any disciplinary action, for dismissal, for any interdepartmental transfer, or any other discrimination in his employment, or for suspension from employment, or for any loss in pay or any other benefits.
WV Code § 16-2C-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2C. Home Health Services|§16-2C-1. Definitions

For the purposes of this article:"Home health services" shall mean and include, but not be limited to, the following services furnished to an individual who is under the care of a physician, such services to be provided on a visiting basis in a place of residence used as the individual's home: (1) Part-time or intermittent nursing care provided by or under the supervision of a registered professional nurse; (2) physical, occupational or speech therapy; (3) medical social services under the direction of a physician; (4) part-time or intermittent services of a home health aide."Department" shall mean the state department of health."Local boards" shall mean local health boards established pursuant to the provisions of article two or two- a of this chapter.
WV Code § 16-2C-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2C. Home Health Services|§16-2C-2. Department to Provide Services; Charges for Services; Authority to Employ Personnel; Purchase of Supplies and Equipment; Assistance to Nonprofit Agencies

The department shall provide home health services to those persons living in areas of the state in which adequate home health services are not available otherwise. For such services the department shall, and is hereby authorized to, charge fees to individuals to whom it renders such services or to any governmental agency purchasing such services for individuals, except for demonstration and public health program activities.In order that it may effectively render home health services, the department shall employ the necessary personnel including nursing and supervisory personnel and shall have the further authority to purchase equipment and materials necessary to maintain an effective program of home health services.The department shall, wherever possible, assist and advise nonprofit agencies or associations in the development of a home health services program to be carried out by such agencies or associations and, for that purpose, may enter into agreements with these agencies or associations specifying the type of assistance and advice it will render them.
WV Code § 16-2C-3 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2C. Home Health Services|§16-2C-3. Local Boards' Authority Respecting Home Health Services

Local boards are hereby authorized to enter into written agreements with the department for the purpose of rendering home health services to persons within their respective counties and municipalities. Such agreements shall provide for the maintenance of standards established by the department for home health services by the local boards and for such supervision by the department as is deemed necessary to implement an effective program of home health services on the part of the local boards.Whenever any local board has entered into an agreement with the department as is herein provided, it may render such home health services as are authorized by this article and for that purpose may charge fees and expend moneys to the same extent as this article authorizes for the department. Any local board may render such service anywhere within the area which it serves.
WV Code § 16-2C-4 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2C. Home Health Services|§16-2C-4. Funds Received for Home Health Services

The department and local boards are authorized to receive moneys from any source for home health services. All such moneys as the department and local boards may receive for this service shall be used to carry out the provisions of this article.
WV Code § 16-2C-5 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2C. Home Health Services|§16-2C-5. Collection of Fees for Home Health Services

The department and local boards are authorized to maintain legal action through the prosecuting attorneys of the several counties for the collection of fees charged for home health services which have been rendered to any person.
WV Code § 16-2D-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2D. Certificate of Need|§16-2D-1. Legislative Findings

It is declared to be the public policy of this state:(1) That the offering or development of all health services shall be accomplished in a manner which is orderly, economical and consistent with the effective development of necessary and adequate means of providing for the health services of the people of this state and to avoid unnecessary duplication of health services, and to contain or reduce increases in the cost of delivering health services.(2) That the general welfare and protection of the lives, health and property of the people of this state require that the type, level and quality of care, the feasibility of providing such care and other criteria as provided for in this article, including certificate of need standards and criteria developed by the authority pursuant to provisions of this article, pertaining to health services within this state, be subject to review and evaluation before any health services are offered or developed in order that appropriate and needed health services are made available for persons in the area to be served.
WV Code § 16-2D-3 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2D. Certificate of Need|§16-2D-3. Powers and Duties of the Authority

(a) The authority shall:(1) Administer the certificate of need program;(2) Review the state health plan, the certificate of need standards, and the cost effectiveness of the certificate of need program and make any amendments and modifications to each that it may deem necessary, no later than September 1, 2017, and biennially thereafter.(3) Shall adjust the expenditure minimum annually and publish to its website the updated amount on or before December 31, of each year. The expenditure minimum adjustment shall be based on the DRI inflation index. (4) Create a standing advisory committee to advise and assist in amending the state health plan, the certificate of need standards, and performing the state agencies’ responsibilities.(b) The authority may:(1) (A) Order a moratorium upon the offering or development of a health service when criteria and guidelines for evaluating the need for the health service have not yet been adopted or are obsolete or when it determines that the proliferation of the health service may cause an adverse impact on the cost of health services or the health status of the public.(B) A moratorium shall be declared by a written order which shall detail the circumstances requiring the moratorium. Upon the adoption of criteria for evaluating the need for the health service affected by the moratorium, or one hundred eighty days from the declaration of a moratorium, whichever is less, the moratorium shall be declared to be over and applications for certificates of need are processed pursuant to section eight.(2) Approve an emerging health service or technology for one year.(3) Exempt from certificate of need or annual assessment requirements to financially vulnerable health care facilities located in underserved areas that the state agency and the Office of Community and Rural Health Services determine are collaborating with other providers in the service area to provide cost effective health services.