reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 16. Public Health › Article 5X. Caregiver Advise, Record and Enable Act › §16-5X-4. Discharge

(a) As soon as possible and, in any event, upon issuance of a discharge order by the patient's attending physician, the hospital shall consult with the designated lay caregiver along with the patient regarding the lay caregiver's capabilities and limitations and issue a discharge plan that describes a patient's after-care needs at his or her residence. At minimum, a discharge plan shall include:
(1) The name and contact information of the lay caregiver designated under this article;
(2) A description of all after-care tasks necessary to maintain the patient's ability to reside at home, taking into account the capabilities and limitations of the lay caregiver; and
(3) Contact information for any health care, community resources and long-term services and supports necessary to successfully carry out the patient's discharge plan.
(b) The hospital issuing the discharge plan shall provide the lay caregiver with instruction in all after-care tasks described in the discharge plan. At minimum, the instruction shall include:
(1) Education and instruction of the lay caregiver by a hospital employee or individual with whom the hospital has a contractual relationship authorized to perform the after care task in a manner that is consistent with current accepted practices and is based on an assessment of the lay caregiver's learning needs;
(2) An opportunity for the lay caregiver and patient to ask questions about the after-care tasks; and
(3) Answers to the lay caregiver's and patient's questions provided in a competent manner and in accordance with the hospital's requirements to provide language access services under state and federal law.
(c) Any instruction required under this article shall be documented in the patient's medical record, including, at minimum, the date, time, and contents of the instruction.
2023 West Virginia Code › Chapter 16. Public Health › Article 5X. Caregiver Advise, Record and Enable Act › §16-5X-5. Exceptions and Immunity

(a) This article may not be construed to interfere with the rights of a person legally authorized to make health care decisions as provided in article thirty, chapter sixteen of this code.
(b) Nothing in this act shall be construed to create a private right of action against a hospital, hospital employee, a duly authorized agent of the hospital or any consultants or contractors with whom the hospital has a contractual relationship.
(c) A hospital, a hospital employee or any consultants or contractors with whom a hospital has a contractual relationship shall not be held liable in any way for services rendered or not rendered by the lay caregiver.
2023 West Virginia Code › Chapter 16. Public Health › Article 5Y. Medication-Assisted Treatment Program Licensing Act › §16-5Y-1. Purpose

The purpose of this act is to establish licensing and registration requirements for facilities and physicians that treat patients with substance use disorders to ensure that patients may be lawfully treated by the use of medication and drug screens, in combination with counseling and behavioral therapies, to provide a holistic approach to the treatment of substance use disorders and comply with oversight requirements developed by the Department of Health and Human Resources. The Legislature recognizes the problem of substance use disorders in West Virginia and the need for quality, safe treatment of substance use disorders to adequately protect the people of West Virginia.
2023 West Virginia Code › Chapter 16. Public Health › Article 5Y. Medication-Assisted Treatment Program Licensing Act › §16-5Y-6. Restrictions; Variances and Waivers

(a) A medication-assisted treatment program shall not be located, operated, managed or owned at the same location where a chronic pain management clinic licensed and defined in article five-h, chapter sixteen of this code is located.
(b) Medication-assisted treatment programs shall not have procedures for offering a bounty, monetary, equipment, or merchandise reward, or free services for individuals in exchange for recruitment of new patients into the facility.
(c) Medication-assisted treatment programs shall not be located within one-half mile of a public or private licensed day care center or public or private K-12 school.
Existing medication-assisted treatment programs, including both opioid treatment programs and office based medication-assisted treatment programs that are located within one-half mile of a public or private licensed day care center or public or private K-12 school, shall be granted a variance, provided that the facility demonstrates adequate patient population controls and that it may otherwise meet the requirements of this article and the rules promulgated pursuant to this article.
(d) The secretary may grant a waiver or a variance from any licensure or registration standard, or portion thereof, for the period during which the license or registration is in effect.
(1) Requests for waivers or variances of licensure or registration standards shall be in writing to the secretary and shall include:
(A) The specific section of this article or rules promulgated pursuant to this article for which a waiver or variance is sought;
(B) The rationale for requesting the waiver or variance;
(C) Documentation by the medication-assisted treatment program’s medical director to the secretary that describes how the program will maintain the quality of services and patient safety if the wavier or variance is granted; and
(D) The consequences of not receiving approval of the requested wavier or variance.
(2) The secretary shall issue a written statement to the medication-assisted treatment program granting or denying a request for a waiver or variance of program licensure or registration standards.
(3) The medication-assisted treatment program shall maintain a file copy of all requests for waivers or variances and the approval or denial of the requests for the period during which the license or registration is in effect.
(4) The Office of Health Facility Licensure and Certification shall inspect each medication-assisted treatment program prior to a waiver or variance being granted, including a review of patient records, to ensure and verify that any waiver or variance request meets the spirit and purpose of this article and the rules promulgated pursuant to this article. The Office of Health Facility Licensure and Certification may verify, by unannounced inspection, that the medication-assisted treatment program is in compliance with any waiver or variance granted by the secretary for the duration of such waiver or variance.
2023 West Virginia Code › Chapter 16. Public Health › Article 5Y. Medication-Assisted Treatment Program Licensing Act › §16-5Y-7. Inspection; Inspection Warrant

(a) The Office of Health Facility Licensure and Certification shall inspect each opioid treatment program annually, including a review of the patient records, to ensure that the program complies with this article and the applicable rules. A pharmacist, employed or contracted by the secretary, licensed in this state, and a law-enforcement officer may be present at each inspection.
(b) The Office of Health Facility Licensure and Certification shall perform unannounced complaint and verification inspections at office based medication-assisted treatment programs, including a review of the patient records, to ensure that the program complies with this article and the applicable rules. A pharmacist, employed or contracted by the secretary, licensed in this state and a law-enforcement officer may be present at each inspection.
(c) During an onsite inspection, the inspectors shall make a reasonable attempt to discuss each violation with the medical director or other owners of the medication-assisted treatment program before issuing a formal written notification.
(d) Any action taken to correct a violation shall be documented in writing by the medical director or other owners of the medication-assisted treatment program and may be verified by follow-up visits by the Office of Health Facility Licensure and Certification.
(e) Notwithstanding the existence or pursuit of any other remedy, the secretary may, in the manner provided by law, maintain an action in the name of the state for an inspection warrant against any person, partnership, association or corporation to allow any inspection or seizure of records in order to complete any inspection allowed by this article or the rules promulgated pursuant to this article, or to meet any other purpose of this article or the rules promulgated pursuant to this article.
(f) When possible, inspections for annual certification and licensure by the medication-assisted treatment programs will be done consecutively or concurrently. However, this provision does not limit the ability to conduct unannounced inspections pursuant to a complaint.
2023 West Virginia Code › Chapter 16. Public Health › Article 5Y. Medication-Assisted Treatment Program Licensing Act › §16-5Y-10. Advertisement Disclosure

Any advertisement made by or on behalf of a medication-assisted treatment program through public media, such as a telephone directory, medical directory, newspaper or other periodical, outdoor advertising, radio or television, or through written or recorded communication, concerning the treatment of substance use disorders, as defined in section two of this article, shall include the name of, at a minimum, the medical director responsible for the content of the advertisement.
2023 West Virginia Code › Chapter 16. Public Health › Article 5Y. Medication-Assisted Treatment Program Licensing Act › §16-5Y-11. State Opioid Treatment Authority

(a) Prior to establishing, operating, maintaining or advertising a medication-assisted treatment program within this state, a medication-assisted treatment program shall be approved by the state opioid treatment authority for operation of a medication-assisted treatment program in this state.
(b) The state opioid treatment authority shall act as the state’s coordinator for the development and monitoring of medication-assisted treatment programs and it shall serve as a liaison with the appropriate federal agencies.
(c) The designated state oversight agency is responsible for licensing, monitoring and investigating complaints and grievances regarding medication-assisted treatment programs.
(d) The powers and duties of the state opioid treatment authority include, but are not limited to, the following:
(1) Facilitate the development and implementation of rules, regulations, standards and best practice guidelines to ensure the quality of services delivered by medication-assisted treatment programs;
(2) Act as a liaison between relevant state and federal agencies;
(3) Review medication-assisted treatment guidelines, rules, regulations and recovery models for individualized treatment plans of care developed by the federal government and other nationally recognized authorities approved by the secretary;
(4) Ensure delivery of technical assistance and informational materials to medication-assisted treatment programs as needed;
(5) Perform both scheduled and unscheduled site visits to medication-assisted treatment programs in cooperation with the identified state oversight agency when necessary and appropriate;
(6) Consult with the federal government regarding approval or disapproval of requests for exceptions to federal regulations, where appropriate;
(7) Review and approve exceptions to federal and state dosage policies and procedures;
(8) Receive and refer patient appeals and grievances to the designated state oversight agency when appropriate; and
(9) Work cooperatively with other relevant state agencies to determine the services needed and the location of a proposed medication-assisted treatment program.
2023 West Virginia Code › Chapter 16. Public Health › Article 5Y. Medication-Assisted Treatment Program Licensing Act › §16-5Y-12. Moratorium; Certificate of Need

There is a moratorium on the licensure of new opioid treatment programs which do not have a certificate of need as of the effective date of the enactment of this section during the 2016 regular session of the Legislature which shall continue until the Legislature determines that there is a necessity for additional opioid treatment programs in West Virginia.
2023 West Virginia Code › Chapter 16. Public Health › Article 5Y. Medication-Assisted Treatment Program Licensing Act › §16-5Y-13. Rules; Minimum Standards for Medication-Assisted Treatment Programs

(a) The secretary shall promulgate rules in accordance with the provisions of chapter twenty-nine-a of this code for the licensure of medication-assisted treatment programs to ensure adequate care, treatment, health, safety, welfare and comfort of patients at these facilities. These rules shall include, at a minimum:
(1) The process to be followed by applicants seeking a license;
(2) The qualifications and supervision of licensed and nonlicensed personnel at medication-assisted treatment programs and training requirements for all facility health care practitioners who are not regulated by another board;
(3) The provision and coordination of patient care, including the development of a written plan of care and patient contract;
(4) The management, operation, staffing and equipping of the medication-assisted treatment program;
(5) The clinical, medical, patient and business records kept by the medication-assisted treatment program;
(6) The procedures for inspections and for review of utilization and quality of patient care;
(7) The standards and procedures for the general operation of a medication-assisted treatment program, including facility operations, physical operations, infection control requirements, health and safety requirements and quality assurance;
(8) Identification of drugs that may be used to treat substance use disorders that identify a facility as a medication-assisted treatment program;
(9) Any other criteria that identify a facility as a medication-assisted treatment program;
(10) The standards and procedures to be followed by an owner in providing supervision, direction and control of individuals employed by or associated with a medication-assisted treatment program;
(11) Data collection and reporting requirements;
(12) Criteria and requirements related to specific medication-assisted treatment medications; and
(13) Such other standards or requirements as the secretary determines are appropriate.
(b) The Legislature finds that an emergency exists and, therefore, the secretary shall file an emergency rule to implement the provisions of this section pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code.
2023 West Virginia Code › Chapter 16. Public Health › Article 5AA. Medication Administration by Unlicensed Personnel in Nursing Homes › §16-5AA-2. Administration of Medications

(a) The authorizing agency shall create a program for the administration of medications in nursing homes.
(b) Administration of medication shall be performed by an approved medication assistive personnel (AMAP) who has been trained and retrained every two years, passed a national medication aide certification examination, and who is subject to the supervision of, and approval by, an authorized registered professional nurse.
(c) After assessing the health status of a resident, a registered professional nurse, in collaboration with the resident's prescriber, may allow an AMAP to administer medication.
(d) Nothing in this article prohibits a staff member from administering medications or performing health maintenance tasks or providing any other prudent emergency assistance to aid any person who is in acute physical distress or requires emergency assistance.
2023 West Virginia Code › Chapter 16. Public Health › Article 5AA. Medication Administration by Unlicensed Personnel in Nursing Homes › §16-5AA-3. Exemption From Licensure; Statutory Construction

(a) A staff member who is not authorized by law to administer medication may do so in a nursing home if he or she meets the requirements of this article.
(b) An approved medication assistive personnel is exempt from the licensing requirements of chapter 30 of this code.
(c) A health care professional remains subject to his or her respective licensing laws.
(d) This article shall not be construed to violate or conflict with chapter 30 of this code.
2023 West Virginia Code › Chapter 16. Public Health › Article 5AA. Medication Administration by Unlicensed Personnel in Nursing Homes › §16-5AA-4. Instruction and Training

(a) The authorizing agencys training curricula shall be based on a nationally recognized model curriculum for certified medication assistants. The authorizing agency shall consult with the West Virginia Board of Respiratory Care Practitioners in developing the training curricula relating to the use of an inhaler or nebulizer. The certification examination must be a national Medication Aide Certification Examination.
(b) The program developed by the authorizing agency shall require that a person who applies to act as an approved medication assistive personnel shall:
(1) Hold a high school diploma or its equivalent;
(2) Be a nurse aide with at least one year of full-time experience;
(3) Be certified in cardiopulmonary resuscitation and first aid;
(4) Participate in the initial training program as set forth in 16-5AA-1 of this code;
(5) Pass a national certification examination as set forth in 16-5AA-1 of this code;
(6) Not have a statement on the stated administered nurse aide registry indicating that the staff member has been the subject of finding of abuse or neglect of a long-term care nursing home resident or convicted of the misappropriation of a residents property; and
(7) Participate in a retraining program every two years.
(c) A nursing home may offer the training program developed by the authorizing agency to its staff members. The training shall be provided by the nursing home through a registered professional nurse.
(d) A registered professional nurse who is authorized to train staff members to administer medications in nursing homes shall:
(1) Possess a current active license as set forth in 30-7-1
et seq.
of this code to practice as a registered professional nurse;
(2) Have practiced as a registered professional nurse in a position or capacity requiring knowledge of medications for the immediate two years prior to being authorized to train staff members;
(3) Be familiar with the nursing care needs of the residents as described in this article; and
(4) Have completed and passed the nursing home trainer/instructor course developed by the authorizing agency.
2023 West Virginia Code › Chapter 16. Public Health › Article 5AA. Medication Administration by Unlicensed Personnel in Nursing Homes › §16-5AA-5. Eligibility Requirements of Nursing Home Staff

In order to administer medication, an approved medication assistive personnel (AMAP) shall:
(1) Determine the medication to be administered is in its original container in which it was dispensed by a pharmacist or the physician;
(2) Make a written record of assistance of medication with regard to each medication administered, including the time, route, and amount taken;
(3) Display the title Approved Medication Assistive Personnel; and
(4) Comply with the legislative rules promulgated by the authorizing agency pursuant to 29A-3-1
et seq
of this code relating to the provisions of this article, which shall address, at a minimum, the supervision provided by the registered professional nurse to the AMAP.
2023 West Virginia Code › Chapter 16. Public Health › Article 5AA. Medication Administration by Unlicensed Personnel in Nursing Homes › §16-5AA-7. Withdrawal of Authorization

(a) The registered professional nurse who supervises an approved medication assistive personnel (AMAP) may withdraw authorization for an AMAP to administer medications if the nurse determines that the AMAP is not performing the function in accordance with the training and written instructions.
(b) The withdrawal of the authorization shall be documented and relayed to the nursing home and the authorizing agency. The agency shall remove the AMAP from the list of authorized individuals. The department shall maintain a list of the names of persons whose authorization has been withdrawn and the reasons for withdrawal of authorization. The list may be accessed by registered professional nurses and administrative personnel of nursing homes.
2023 West Virginia Code › Chapter 16. Public Health › Article 5AA. Medication Administration by Unlicensed Personnel in Nursing Homes › §16-5AA-9. Limitations on Medication Administration

(a) An approved medication assistive personnel (AMAP) may not:
(1) Administer the first dose of a medication;
(2) Perform an injection;
(3) Administer irrigations or debriding agents to treat a skin condition or minor abrasions;
(4) Act upon verbal medication orders;
(5) Transcribe medication orders;
(6) Convert or calculate drug dosages;
(7) Administer medications to be given "as needed" as ordered by the health care professional, unless the supervising nurse has first performed and documented a bedside assessment, and then the AMAP may administer the medication based on the written order with specific parameters which preclude independent judgment; or
(8) Perform health maintenance tasks.
(b) An AMAP may not be assigned to both medication administration duty and typical nurse aide duties related to resident care and assistance with activities of daily living simultaneously. When assigned to medication administration, the AMAPs responsibility shall be to administer medication and tasks related to the administration of medication. An AMAP may be assigned to other resident care and assistance with activities of daily living during such times that the AMAP is not engaged in, or scheduled to be engaged in, the administration of medication.
2023 West Virginia Code › Chapter 16. Public Health › Article 5AA. Medication Administration by Unlicensed Personnel in Nursing Homes › §16-5AA-10. Permissive Participation

The provisions of this article are not mandatory upon any nursing home or nursing home employee. A nursing home may not, as a condition of employment, require a nurse aide to become an approved medication assistive personnel (AMAP) or require its health care professionals to use AMAPs.
2023 West Virginia Code › Chapter 16. Public Health › Article 5CC. West Virginia Advisory Council on Rare Diseases › §16-5CC-1. Establishment and Composition of the West Virginia Council on Rare Diseases

(a) There is hereby established the West Virginia Advisory Council on Rare Diseases to advise state agencies on research, diagnosis, treatment, and education relating to rare diseases.
(b) The council shall consist of 12 voting members, constituted as follows:
(1) The Secretary of the Department of Health and Human Resources or his or her designee; and
(2) Eleven members who shall be appointed by the Governor as follows:
(A) Three physicians licensed and practicing in the state with experience researching, diagnosing, or treating rare diseases;
(B) Three persons over the age of 18 who either have a rare disease or are a family member of a person with a rare disease;
(C) A registered nurse or advanced practice registered nurse licensed and practicing in the state with experience treating rare disease;
(D) A person with an advanced degree in public health or other health-related field; and
(E) Three representatives from a patient-based organization or advocacy group for rare disease, with preference given to organizations based in West Virginia.
Appointments to the advisory council are for terms of three years.
(c) The chairperson and vice-chairperson of the council shall be elected from the councils membership by a simple majority vote of the total membership of the council.
(d) Members serve without compensation. Travel expenses may only be reimbursed if travel is related to activities provided for under a grant or private donation.
2023 West Virginia Code › Chapter 16. Public Health › Article 5CC. West Virginia Advisory Council on Rare Diseases › §16-5CC-2. Definitions

As used in this article:
"Department" means the West Virginia Department of Health and Human Resources;
"Rare disease" means any disease which affects fewer than 200,000 people in the United States and is known to be substantially under-diagnosed and unrecognized as a result of lack of adequate diagnostic and research information, including diseases known as "orphan diseases" for research purposes; and
"Secretary" means the Secretary of the West Virginia Department of Health and Human Resources.
2023 West Virginia Code › Chapter 16. Public Health › Article 5CC. West Virginia Advisory Council on Rare Diseases › §16-5CC-3. Duties of the Advisory Council

The advisory council shall exercise the following duties to the degree that resources are available, including, but not limited to:
(1) Coordinate statewide efforts for the study of the incidence of rare disease within the state;
(2) Act as the advisory board to the secretary and the West Virginia Legislature on research, treatment, and education relating to rare diseases;
(3) Research and identify priorities relating to the quality of, and access to, treatment and services provided to persons with rare diseases in the state;
(4) Develop, in conjunction and cooperation with the states medical schools, policy recommendations relating to the quality of, and access to, treatment and services provided to persons with rare diseases in the state;
(5) Advise, consult, and cooperate with other offices of the department, other agencies of state government, and patient-based organizations in the development of information and programs of benefit to the public and the health care community relating to the diagnosis, treatment, and awareness of rare diseases;
(6) Identify best practices for rare disease care as implemented in other states and at the national level that will improve rare disease care in the state;
(7) Develop recommendations for effective strategies to raise public awareness of rare diseases in the state;
(8) Develop recommendations for best practices for ensuring that health care providers are sufficiently informed of the most effective strategies for recognizing and treating rare disease; and
(9) Report to the secretary and the Joint Committee on Health not later than January 1, 2021, and annually thereafter on the activities of the advisory council and its findings and recommendations regarding rare disease research and care in West Virginia, including any recommendations for statutory changes and amendments to the structure, organization, and powers and duties of the advisory council. The advisory council shall terminate on June 30, 2025.
2023 West Virginia Code › Chapter 16. Public Health › Article 5CC. West Virginia Advisory Council on Rare Diseases › §16-5CC-4. Powers of the Advisory Council

In order to carry out the duties described in this article, the advisory council has the following powers:
(1) To pursue and accept gifts, grants, and bequests of funds from individuals, foundations, corporations, federal government, government agencies, and other organizations or institutions to fund the activities of the advisory council;
(2) To schedule and conduct meetings;
(3) To the degree that funds are available, publish findings, recommendations, and reports on diagnosis, treatment, research, and education for rare diseases for the use and benefit of the department, other agencies of the state, the medical community, general public, and organizations representing the patients affected.
2023 West Virginia Code › Chapter 16. Public Health › Article 5CC. West Virginia Advisory Council on Rare Diseases › §16-5CC-5. Duties and Powers of the Secretary

The secretary at his or her discretion may provide the advisory council with administrative support reasonably necessary for the advisory council to carry out its duties. In addition, the secretary may make and sign any agreements and may do and perform any acts that are necessary to receive, accept, or secure gifts, grants, and bequests of funds in the name of the advisory council.
2023 West Virginia Code › Chapter 16. Public Health › Article 5CC. West Virginia Advisory Council on Rare Diseases › §16-5CC-6. Rare Disease Advisory Council Fund

There is hereby created a special revenue account in the State Treasury to be known as the Rare Disease Advisory Council Information Fund into which gifts, grants, and bequests may be received for the use of the advisory council to carry out its duties as specified in 16-5CC-3 of this code. The advisory council has the discretion to expend such moneys in this fund from collections as may be reasonable to carry out the duties of the advisory council as are consistent with the terms of the gifts, grants, or bequests providing those moneys. The presence of funds in this special revenue account does not preclude the Legislature from appropriating such funds as it may deem necessary for the use and mission of the advisory council.
2023 West Virginia Code › Chapter 16. Public Health › Article 6. Hotels and Restaurants › §16-6-2. Regulations by State Board of Health Should This Be Secretary of the Department of Health and ; Enforcement of Orders and Laws Respecting Pure Food

The West Virginia board of health shall make such rules and regulations, not inconsistent with law, as in their judgment are necessary to carry out the provisions of this article. The director of the state department of health shall enforce any orders made by the board of health and any laws of the state respecting pure food, so far as they relate to hotels and restaurants.
2023 West Virginia Code › Chapter 16. Public Health › Article 6. Hotels and Restaurants › §16-6-3. Hotel and Restaurant Defined; Hotels and Restaurants Not Subject to Provisions of Article

For the purpose of this article, every building where food and lodging are usually furnished to guests and payment required therefor shall be deemed a hotel, and every place where food without lodging is usually furnished to guests and payment required therefor shall be deemed a restaurant. But the provisions of this article, except those of sections twenty and twenty-two, shall not apply to any hotel wherein there are fewer than ten bed chambers, nor to any hotel known as a "summer hotel" which is not open for guests from November fifteenth to May fifteenth. The provisions of this article shall not apply to temporary food sales, not exceeding two weeks in length, by religious, educational, charitable or nonprofit organizations.
2023 West Virginia Code › Chapter 16. Public Health › Article 6. Hotels and Restaurants › §16-6-4. Application for Inspection of Hotel or Restaurant; Temporary Permit; Certificate of Inspection; Fee

Every person, firm or corporation proposing to operate a hotel or restaurant shall apply to the director of health for an inspection and certificate thereof, and said inspector shall inspect the premises described in such application as soon thereafter as may be practicable; but if it be impracticable to do so within ten days after receiving such application, said director may issue to such applicant a temporary permit which shall be valid until a regular inspection is made. Only one certificate or permit shall be issued where a hotel and restaurant are combined and operated in the same building and under the same management. Each certificate or permit shall expire on June 30 next following its issuance, and no hotel or restaurant shall be maintained and operated in this state without the certificate of inspection thereof as herein prescribed, which certificate shall be posted in the main public room of such hotel or restaurant, and shall show the date of each inspection and the notations relating thereto by the director of health. No such certificate shall be transferable. The fee for such inspection and certificate or permit shall be, for a hotel, $2.25 additional for each bedroom in excess of seven; and for a restaurant, $2.25 additional for each five chairs or stools, or spaces where persons are fed, in excess of ten, but no fee shall exceed $10. Such director shall, on the first of each month, pay into the State Treasury all fees collected for inspections during the preceding month. Every certificate of inspection or permit under this article shall be made and issued in duplicate.
2023 West Virginia Code › Chapter 16. Public Health › Article 6. Hotels and Restaurants › §16-6-5. Form and Content of Application for Inspection; Payment of Fee

The applicant for inspection of a hotel or restaurant shall file with the department of health a written application, in form to be prescribed by the director of health, which shall set forth the name and address of the owner of the building or property to be occupied, and of the agent of any such owner; the name and address of the lessee and manager, if any, of the hotel or restaurant; the location of such hotel or restaurant and a full description of the building or property to be occupied and such other matters as may be required by the director of health. The fee for inspection shall be paid to the director of health when the application is filed by him
2023 West Virginia Code › Chapter 16. Public Health › Article 6. Hotels and Restaurants › §16-6-6. Contents of Certificate and Permit; Posting

Every such certificate shall show that the hotel or restaurant is equipped and conducted according to law, and shall be kept posted in some conspicuous place in such hotel or restaurant. Every such permit shall show, according to the fact, why it is granted, and that the hotel or restaurant is, according to law, permitted to be kept, and it shall be kept posted in like manner.
2023 West Virginia Code › Chapter 16. Public Health › Article 6. Hotels and Restaurants › §16-6-7. Certificate or Permit Prerequisite to License

No license to keep a hotel or restaurant, or certificate for such license, shall hereafter be authorized or issued unless there be first filed with the county commission to which application therefor is made, a certificate of inspection or permit, granted by the director of health, as provided in this article. Every such license shall bear on its face a reference to such certificate of inspection or permit.
2023 West Virginia Code › Chapter 16. Public Health › Article 6. Hotels and Restaurants › §16-6-8. Annual Inspection of Hotels and Restaurants; Powers and Duties of Director of Health

The director of health shall inspect or cause to be inspected, at least once annually, every hotel and restaurant in the state. For that purpose he or any person designated by him shall have the right of entry and access at any reasonable time to inspect kitchens where food is prepared, pantry and storage rooms pertaining thereto, dining rooms, lunch counters, and every place where articles pertaining to the serving of the public are kept or prepared. The said director shall prohibit the use of any article not in keeping with cleanliness and good sanitary conditions. He shall also have the right to enter any and all parts of a hotel at all reasonable hours to make such inspection, and every person in the management or control thereof shall afford free access to every part of the hotel and render all assistance necessary to enable the director to make full, thorough and complete examination thereof, but the privacy of any guest in any room occupied by him shall not be invaded without his consent.
2023 West Virginia Code › Chapter 16. Public Health › Article 6. Hotels and Restaurants › §16-6-9. Alterations and Changes by Owner; Penalty for Refusal or Failure to Make

Whenever, upon such inspection, it shall be found that any such hotel or restaurant is not equipped or operated in the manner and under the conditions required by the provisions of this article, the director of health shall notify the owner, manager or agent in charge of such hotel or restaurant of such changes or alterations as, in the judgment of the director, may be necessary to effect a complete compliance with said provisions. Such owner, manager or agent shall thereupon make such alterations or changes as may be necessary to put such buildings and premises in a condition, and operate it in a manner, that will fully comply with the requirements of this article: Provided, That due time after receiving such notice shall be allowed for conforming to the requirements thereof, which time shall be specified in the notice. Should the changes or alterations directed by such notice not be made in the time specified therein, the said director shall proceed against the person or persons in default in any court having jurisdiction to enforce the provisions of this article against him or them. Every person, firm or corporation which shall fail or refuse to comply with the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined $5 for each and every day such failure or refusal may continue. If such failure or refusal shall continue for thirty days after the time specified in the notice from the director for conforming to the requirements thereof, the director may proceed in the circuit court of the county wherein such hotel or restaurant is located, for an order closing it. After such order is issued, the building or property shall not again be used as a hotel or restaurant until a certificate or permit therefor shall have been issued by the director, and any disobedience of such order may be punished as other contempts of court. Reasonable notice shall be given of the application for such order.
2023 West Virginia Code › Chapter 16. Public Health › Article 6. Hotels and Restaurants › §16-6-11. Lighting; Plumbing; Ventilation

Every hotel and restaurant in this state shall be properly lighted by day and by night, shall be properly plumbed and ventilated, and shall be conducted in every department with strict regard for the health, comfort and safety of its guests. Such proper plumbing and draining shall be done and maintained according to approved sanitary principles. Such proper ventilation shall be construed to require at least one door and one window in every sleeping room, which window shall permit easy access to the outside of the building, light well or court. No room shall be used as a sleeping room which does not open to the outside of the building or light wells, air shafts or courts.
2023 West Virginia Code › Chapter 16. Public Health › Article 6. Hotels and Restaurants › §16-6-12. Water Closets

In every city, town or village where a system of waterworks and sewerage is maintained for public use, every hotel therein shall be equipped with suitable water closets for the accommodation of guests, which water closets shall be connected by proper plumbing with such sewer system, and so constructed that they may be flushed with water in such manner as to prevent sewer gas or effluvia arising therefrom. All lavatories, bathtubs, sinks, drains, closets and urinals in such hotels shall be furnished and equipped in similar manner.
2023 West Virginia Code › Chapter 16. Public Health › Article 6. Hotels and Restaurants › §16-6-14. Washrooms; Towels

All hotels in this state shall be provided with a general washroom convenient and of easy access to guests, and in each bedroom and general washroom there shall be furnished for each registered guest clean, individual towels, of cotton or linen, so that no two or more registered guests will be required to use the same towel, unless it has first been washed. Such individual towel shall not be less than twelve inches wide and eighteen inches long after being washed.
2023 West Virginia Code › Chapter 16. Public Health › Article 6. Hotels and Restaurants › §16-6-15. Beds and Floor Coverings

Every hotel shall provide each bed, bunk, cot, or other sleeping place for the use of guests with pillow slips and under and top sheets, the under sheet to be of sufficient size to completely cover the mattress and springs, and the top sheet to be of like width and at least ninety-nine inches long and not to be less than ninety inches in length after having been laundered. Such sheets and pillow slips shall be made of white cotton or linen, and all such sheets and pillow slips, after being used by one guest, shall be washed and ironed before being used by another guest, a clean set being furnished each succeeding guest. All bedding, including mattresses, quilts, blankets, pillows, and all carpets and floor covering used in any hotel in this state, shall be thoroughly aired, disinfected and kept clean.
2023 West Virginia Code › Chapter 16. Public Health › Article 6. Hotels and Restaurants › §16-6-18. Disinfection of Rooms and Beds; Penalty

Every person keeping or conducting a hotel shall see that every room or bed, which has been occupied by any person known to have an infectious or communicable disease at the time of such occupancy, is thoroughly disinfected by methods to be prescribed by the West Virginia board of health before such room or bed shall be occupied by any other person. Any person violating the provisions of this section shall be subject to a fine not exceeding $300, and to confinement in jail not exceeding six months, or both, at the discretion of the court.
2023 West Virginia Code › Chapter 16. Public Health › Article 6. Hotels and Restaurants › §16-6-19. Hallways; Fire Escapes

Whenever it shall be proposed to erect a building three stories or more in height, intended for use as a hotel in this state, it shall be the duty of the owner or proprietor of such hotel to construct the same so that one main hallway on each floor above the ground floor shall run to an opening in the outside wall of the building. Every building used as a hotel shall comply with the provisions of this code pertaining to fire escapes. All fire escapes shall be indicated by a red light and a placard in each hallway leading to such fire escapes.
2023 West Virginia Code › Chapter 16. Public Health › Article 6. Hotels and Restaurants › §16-6-20. Knotted Rope or Other Fire Escape in Rooms; Exception

Each keeper of a hotel in this state shall provide and keep constantly in each room of the hotel, above the second floor, a knotted rope, wire ladder or other proper fire escape of sufficient strength and length, strongly attached or fastened to some outside window in said room, by which any person or persons in any of the rooms in such buildings may escape from the windows in case of fire: Provided, That the provisions of this section shall not apply to any hotel that has a regular and proper fire escape, connected with each hall in said hotel.
2023 West Virginia Code › Chapter 16. Public Health › Article 6. Hotels and Restaurants › §16-6-21. Fire Extinguishers

Every hotel shall be provided with one fire extinguisher, of style and size approved by the national board of fire underwriters, on each floor containing twenty-five hundred square feet of floor area; and one additional fire extinguisher on each floor for each additional twenty-five hundred square feet of floor area, or fraction thereof. Every such extinguisher shall be placed in a convenient location in the public hallway, outside of sleeping rooms, at or near the head of stairs, and shall always be in condition for use.
2023 West Virginia Code › Chapter 16. Public Health › Article 6. Hotels and Restaurants › §16-6-22. Liability of Hotel or Restaurant Keeper for Loss of Property; Deposit of Valuables

It shall be the duty of the keepers of hotels and restaurants to exercise due care and diligence in providing honest servants and employees, and to take every reasonable precaution to protect the persons and property of their guests and boarders, but no such keeper of any hotel or restaurant shall be held liable in a greater sum than $250 for the loss of any wearing apparel, baggage or other property, not hereinafter mentioned, belonging to a guest or boarder, when such loss takes place from the room or rooms occupied by said guest or boarder; and no keeper of a hotel or restaurant shall be held liable for any loss on the part of any guest or boarder of jewelry, money or other valuables of like nature, provided such keeper shall have posted in a conspicuous place in the room or rooms occupied by such guest or boarder, and in the hotel office and public reception room of such hotel or restaurant, a notice stating that jewelry, money and other valuables of like nature must be deposited in the office of such hotel (or restaurant), unless such loss shall take place from such office after such deposit.
2023 West Virginia Code › Chapter 16. Public Health › Article 6. Hotels and Restaurants › §16-6-22b. Hotels and Restaurants to Secure Covers of Grease Traps

(a) This section applies to hotels and restaurants that use grease traps that are outdoors or are in areas that are accessible to members of the general public.
(b)(1) Grease traps with manhole covers shall be designed to withstand expected loads and prevent access by children.
(A) The manhole cover shall be secured by a bolt or locking mechanism and be constructed of round cast iron or similar construction with sufficient weight to prevent unauthorized access.
(B) The commissioner may specify either method of limiting access to the manhole, if the method conforms to paragraph (A) of this subdivision and prevents unauthorized access.
(2) A hotel or restaurant shall ensure that a grease trap manhole is closed and secured or locked, if applicable, at all times.
(c) The secretary shall propose emergency rules for promulgation in accordance with 29A-3-1
et seq
. of this code for the implementation and administration of this section.
(d) All hotels and restaurants using grease traps shall comply with subsection (b) of this section no later than October 1, 2020.
2023 West Virginia Code › Chapter 16. Public Health › Article 6. Hotels and Restaurants › §16-6-23. Offenses

Any person, firm, or corporation operating a hotel or a restaurant in this state, or who shall let a building to be used for such purposes, without first having complied with the provisions of this article, is guilty of a misdemeanor and, upon conviction thereof, shall be fined $50 for each day the failure to comply continues.
2023 West Virginia Code › Chapter 16. Public Health › Article 6. Hotels and Restaurants › §16-6-24. Prosecution

The prosecuting attorney of each county in this state is hereby authorized and required, upon complaint under oath of the director of health, or other person or persons, to prosecute to termination before any court of competent jurisdiction, in the name of the state, a proper action or proceeding against any person or persons violating the provisions of this article.
2023 West Virginia Code › Chapter 16. Public Health › Article 7. Pure Food and Drugs › §16-7-1. Manufacture or Sale of Adulterated Food or Drugs Prohibited; Definition of Terms

No person shall, within this state, manufacture for sale, offer for sale, or sell, any drug or article of food which is adulterated within the meaning of this article. The term "drug," as used herein, shall include all medicines for internal or external use, antiseptics, disinfectants and cosmetics. The term "food," as used herein, shall include all articles used for food, drink, confectionery or condiment by man, whether simple, mixed or compound.