reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 16. Public Health › Article 60. Recognition of Emergency Medical Services Personnel Licensure Interstate Compact › §16-60-9. Additional Powers Vested in a Member State S Ems Authority

A member states EMS authority, in addition to any other powers granted under state law, is authorized under this Compact to:
(1) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a member states EMS authority for the attendance and testimony of witnesses, and/or the production of evidence from another member state, shall be enforced in the remote state by any court of competent jurisdiction, according to that courts practice and procedure in considering subpoenas issued in its own proceedings. The issuing states EMS authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses and/or evidence are located; and
(2) Issue cease and desist orders to restrict, suspend, or revoke an individuals privilege to practice in the state.
2023 West Virginia Code › Chapter 16. Public Health › Article 60. Recognition of Emergency Medical Services Personnel Licensure Interstate Compact › §16-60-11. Coordinated Database

(a) The Commission shall provide for the development and maintenance of a coordinated database and reporting system containing licensure, adverse action, and significant investigatory information on all licensed individuals in member states.
(b) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the coordinated database on all individuals to whom this Compact is applicable as required by the rules of the Commission, including:
(1) Identifying information;
(2) Licensure data;
(3) Significant investigatory information;
(4) Adverse actions against an individuals license;
(5) An indicator that an individuals privilege to practice is restricted, suspended, or revoked;
(6) Nonconfidential information related to alternative program participation;
(7) Any denial of application for licensure and the reason(s) for such denial; and
(8) Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.
(c) The coordinated database administrator shall promptly notify all member states of any adverse action taken against, or significant investigative information on, any individual in a member state.
(d) Member states contributing information to the coordinated database may designate information that may not be shared with the public without the express permission of the contributing state.
(e) Any information submitted to the coordinated database that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the coordinated database.
2023 West Virginia Code › Chapter 16. Public Health › Article 60. Recognition of Emergency Medical Services Personnel Licensure Interstate Compact › §16-60-14. Date of Implementation of the Interstate Commission for Ems Personnel Practice and Associated Rules; Withdrawal; Amendment

(a) The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.
(b) Any state that joins the Compact subsequent to the Commissions initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.
(c) Any member state may withdraw from this Compact by enacting a statute repealing the same. Withdrawal shall not affect the continuing requirement of the withdrawing states EMS authority to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
(d) Nothing contained in this Compact shall be construed to invalidate or prevent any EMS personnel licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this Compact.
(e) This Compact may be amended by the member states. No amendment to this Compact may become effective and binding upon any member state until it is enacted into the laws of all member states.
2023 West Virginia Code › Chapter 16. Public Health › Article 60. Recognition of Emergency Medical Services Personnel Licensure Interstate Compact › §16-60-15. Construction and Severability

(a) This Compact shall be liberally construed so as to effectuate the purposes thereof. If this Compact shall be held contrary to the constitution of any member state thereto, the Compact shall remain in full force and effect as to the remaining member states. Nothing in this Compact supersedes state law or rules related to licensure of EMS agencies.
(b) The Emergency Medical Services Advisory Council shall review decisions of the Interstate Commission for Emergency Medical Services Personnel Practice established pursuant to this Compact and, upon approval by the Interstate Commission for Emergency Medical Services Personnel Practice of any action that will have the result of increasing the cost to the state of membership in the Compact, may recommend to the Legislature that the state withdraw from the Compact.
2023 West Virginia Code › Chapter 16. Public Health › Article 61. Palliative Care › §16-61-1. Purpose and Findings

(a) The purpose of this article is to increase awareness regarding the palliative care services in West Virginia.
(b) The Legislature finds that palliative care access remains a challenge across the state and increasing awareness of the availability of this service will align with many of the states goals to improve patients health care experience and care quality.
2023 West Virginia Code › Chapter 16. Public Health › Article 61. Palliative Care › §16-61-2. Definitions

As used in this article:
"Palliative care" means an interdisciplinary team-based model of care process designed to relieve suffering and improve quality of life for patients and families facing serious, though not necessarily terminal, illness. The care should be available at any stage of illness from birth to advanced age and may be offered simultaneously with disease modifying interventions, including attempts for cure or remission.
"Interdisciplinary team" means a care team comprised of medical and nonmedical disciplines with specialty training or certification in palliative care and may include volunteers and lay workers. This team includes, at a minimum, the following: (1) A physician; (2) an advanced practice registered nurse or a registered nurse; (3) a social worker; and may include (4) a member of the clergy; (5) a counselor; and (6) a consulting pharmacist.
2023 West Virginia Code › Chapter 16. Public Health › Article 61. Palliative Care › §16-61-3. Development of Educational Materials and Database

(a) The State Advisory Coalition on Palliative Care, working in conjunction with the Bureau for Public Health, shall develop a work group to create the content of educational materials regarding palliative care for distribution to providers and to the general public. These materials should at a minimum provide an overview of the different models of palliative care services offered throughout the continuum of care and a description of the interdisciplinary team.
2023 West Virginia Code › Chapter 16. Public Health › Article 62. The Patient Brokering Act › §16-62-1. Definitions

For the purposes of this article:
"Health care provider or health care facility" means any person or entity licensed or certified or authorized by law to provide professional health care service in this state to a patient during that patients medical, remedial or behavioral health care, treatment, or confinement.
"Health care provider network entity" means a corporation, partnership, or limited liability company owned or operated by two or more health care providers, and organized for the purpose of entering into agreements with health insurers, health care purchasing groups, or the Medicare or Medicaid program.
"Health insurer" means any insurance company authorized to transact health insurance in the state, any insurance company authorized to transact health insurance or casualty insurance in the state that is offering a minimum premium plan or stop-loss coverage for any person or entity providing health care benefits, any self-insurance plan, any health maintenance organization, any prepaid health clinic, any prepaid limited health service organization, any multiple-employer welfare arrangement, or any fraternal benefit society providing health benefits to its members.
2023 West Virginia Code › Chapter 16. Public Health › Article 62. The Patient Brokering Act › §16-62-2. Patient Brokering Prohibited

(a) It is unlawful for any person, including any health care provider or health care facility, to:
(1) Offer or pay a commission, benefit, bonus, rebate, kickback, or bribe, directly or indirectly, in cash or in kind, or engage in any split-fee arrangement, in any form whatsoever, to induce the referral of a patient or patronage to or from a health care provider or health care facility;
(2) Solicit or receive a commission, benefit, bonus, rebate, kickback, or bribe, directly or indirectly, in cash or in kind, or engage in any split-fee arrangement, in any form whatsoever, in return for referring a patient or patronage to or from a health care provider or health care facility;
(3) Solicit or receive a commission, benefit, bonus, rebate, kickback, or bribe, directly or indirectly, in cash or in kind, or engage in any split-fee arrangement, in any form whatsoever, in return for the acceptance or acknowledgment of treatment from a health care provider or health care facility;
(4) Aid, abet, advise, or otherwise participate in the conduct prohibited under this subsection; or
(5) Engage in any of the unlawful acts provided for in this subsection in regard to a recovery residence as defined in §16-59-1 of this code.
(b) Penalties. –
(1) Any person who violates the provisions of subsection (a) of this section is guilty of a felony and, upon conviction thereof, shall be fined not more than $50,000, or imprisoned in a state correctional facility for not less than one year nor more than five years, or both fined and imprisoned.
(2) Notwithstanding the provisions of subdivision (1) of this section, any person who violates subsection (a) of this section, where the prohibited conduct involves 10 or more patients, is guilty of a felony and, upon conviction thereof, shall be fined not more than $100,000, or imprisoned in a state correctional facility not less than two years nor more than five years, or both fined and imprisoned.
(c) The Office of the Inspector General shall develop a tool that facilitates the submission of complaints. The Office of the Inspector General shall investigate complaints and enforce the provisions of this article.
2023 West Virginia Code › Chapter 16. Public Health › Article 63. Statewide Uniformity for Auxiliary Container Regulations › §16-63-1. Definitions

As used in this article:
"Auxiliary container" means a bag, cup, bottle, or other packaging, whether reusable or single-use, that meets both of the following requirements:
(1) Is made of cloth, paper, plastic, cardboard, corrugated material, aluminum, glass, postconsumer recycled material, or similar material or substrates, including coated, laminated, or multilayer substrates.
(2) Is designed for transporting, consuming, or protecting merchandise, food, or beverages from or at a food service or retail facility.
"Local unit of government" means a county, municipality, or city.
2023 West Virginia Code › Chapter 16. Public Health › Article 63. Statewide Uniformity for Auxiliary Container Regulations › §16-63-2. Local Ordinance Requirements

Subject to 16-63-3 of this code, a local unit of government may not adopt or enforce an ordinance that does any of the following:
(1) Regulates the use, disposition, or sale of auxiliary containers.
(2) Prohibits or restricts auxiliary containers.
(3) Imposes a fee, charge, or tax on auxiliary containers.
2023 West Virginia Code › Chapter 16. Public Health › Article 63. Statewide Uniformity for Auxiliary Container Regulations › §16-63-3. Ordinances Permitted

(a) 16-63-2 of this code may not be construed to prohibit or restrict any of the following:
(1) A curbside recycling program.
(2) A designated residential or commercial recycling location.
(3) A commercial recycling program.
(b) 16-63-2 of this code does not apply to any of the following:
(1) An ordinance that prohibits littering, as described in 22-15A-2 of this code.
(2) The use of auxiliary containers on property owned by a local unit of government.
2023 West Virginia Code › Chapter 16. Public Health › Article 64. Syringe Services Programs › §16-64-1. Definitions

As used in this article, the term:
"Administrator" means a person having the authority and responsibility for operation of the syringe services program and serves as the contact for communication with the Director of the Harm Reduction Program.
"Applicant" means the entity applying for a license under this article.
"Board of Review" means the board established in 9-2-6(13) of this code.
"Director" means the Director of the Office of Health Facility Licensure and Certification.
"Fixed site" means a building or single location where syringe exchange services are provided.
"Harm reduction program" means a program that provides services intended to lessen the adverse consequences of drug use and protect public health and safety, by providing direct access to or a referral to: Syringe services program; substance use disorder treatment programs; screenings; vaccinations; education about overdose prevention; wound care; opioid antagonist distribution and education; and other medical services.
"HIV" means the etiologic virus of AIDS or Human Immunodeficiency Virus.
"License" means the document issued by the office authorizing the syringe services program to operate.
"Local health department" means a health department operated by local boards of health, created, established, and maintained pursuant to 16-2-1
et seq
. of this code.
"Location" means a site within the service area of a local health department. A location can be a fixed site or a mobile site.
"Mobile site" means a location accessible by foot or vehicle that is not at a fixed indoor setting.
"Syringe services program" means a community-based program that provides access to sterile syringes, facilitates safe disposal of used syringes, and is part of a harm reduction program.
"Syringe stick injury" means a penetrating wound from a syringe that may result in exposure to blood.
"Syringe stick injury protocol" means policies and procedures to prevent syringe stick injury to syringe exchange staff, including volunteers, community members, and to syringe exchange participants.
"Service area" means the territorial jurisdiction of the syringe services program.
"Sharps waste" means used syringes and lancets.
"Staff" means a person who provides syringe services or harm reduction services on behalf of a program.
"Syringe" means both the needle and syringe used to inject fluids into the body.
2023 West Virginia Code › Chapter 16. Public Health › Article 64. Syringe Services Programs › §16-64-2. Application for License to Offer a Syringe Services Program

(a) All new and existing syringe services programs shall obtain a license from the Office for Health Facility Licensure and Certification.
(b) To be eligible for a license, a syringe services program shall:
(1) Submit an application on a form approved and provided by the office director;
(2) Provide the name of the program;
(3) Provide a description of the harm reduction program it is associated with and the harm reduction services provided in accordance with 16-2-3 of this code;
(4) Provide the contact information of the individual designated by the applicant as the administrator of the harm reduction program;
(5) Provide the hours of operation, location, and staffing. The description of hours of operation must include the specific days the syringe services program is open, opening and closing times, and frequency of syringe exchange services. The description of staffing must include number of staff, titles of positions, and descriptions of their functions;
(6) Provide a specific description of the applicants ability to refer to or facilitate entry into substance use treatment;
(7) Provide a specific description of the applicants ability to encourage usage of medical care and mental health services as well as social welfare and health promotion;
(8) Pay an application fee in amount not to exceed $500, to be determined by the director by legislative rule; and
(9) Provide a written statement of support from a majority of the members of the county commission and a majority of the members of a governing body of a municipality in which it is located or is proposing to locate.
2023 West Virginia Code › Chapter 16. Public Health › Article 64. Syringe Services Programs › §16-64-4. Procedure for Revocation or Limitation of the Syringe Services Programs

(a) The director may revoke, suspend, or limit a syringe services programs ability to offer services for the following reasons:
(1) The syringe services program provides false or misleading information to the director;
(2) An inspection indicates the syringe services programs is in violation of the law or legislative rule;
(3) The syringe services program fails to cooperate with the director during a complaint investigation; or
(4) Recission of the letter of approval from a majority of the county commissioners or the governing body of a municipality.
(b) The director shall send written notice to the syringe services program of revocation, suspension, or limitation of its operations. The written notice shall include the following:
(1) Effective date of the revocation, suspension, or limitation;
(2) The basis for the revocation, suspension, or limitation;
(3) The location to which the revocation, suspension, or limitation applies;
(4) The remedial measures the syringe services programs shall take, if any, to consider reinstatement of the program or removal of the limitation; and
(5) Steps to appeal of the decision.
2023 West Virginia Code › Chapter 16. Public Health › Article 64. Syringe Services Programs › §16-64-5. Administrative Due Process

(a) A syringe services program who disagrees with an administrative decision may, within 30 days after receiving notice of the decision, appeal the decision to the departments board of review.
(b) All pertinent provisions of 29A-5-1
et seq
. of this code apply to and govern any hearing authorized by this statute.
(c) The filing of a request for a hearing does not stay or supersede enforcement of the final decision of the director. The director may, upon good cause shown, stay such enforcement.
2023 West Virginia Code › Chapter 16. Public Health › Article 64. Syringe Services Programs › §16-64-6. Administrative Appeals and Judicial Review

(a) A syringe services program who disagrees with the final administrative decision may, within 30 days after the date the appellant received notice of the decision of the board of review, appeal the decision to the Circuit Court of Kanawha County or in the county where the petitioner resides or does business.
(b) The filing of the petition for appeal does not stay or supersede enforcement of the final decision or order of the director. An appellant may apply to the circuit court for a stay of or to supersede the final decision or order for good cause shown.
(c) No circuit court has jurisdiction to consider a decision of the board if the petitioner has failed to file a request for review with the board of review within the time frame set forth in this article.
2023 West Virginia Code › Chapter 16. Public Health › Article 64. Syringe Services Programs › §16-64-7. Reporting Requirements; Renewal; Rulemaking

(a) A syringe services program shall renew its license annually on the anniversary date of license approval.
(b) A syringe services program shall file an annual report with the director. The report shall include:
(1) The total number of persons served;
(2) The total numbers and types of syringes, and syringes dispensed, collected, and disposed of;
(3) The total number of syringe stick injuries to non-participants;
(4) Statistics regarding the number of individuals entering substance use treatment; and
(5) The total and types of referrals made to substance use treatment and other services.
(c) The office shall promulgate and propose rules and regulations under 29A-1-1
et seq
. of this code to carry out the intent and purposes of this article. Such rules and regulations shall be in accordance with evidence-based practices. The office shall promulgate an emergency rule by July 1, 2021. The emergency rule shall effectuate the provisions of this article in accordance with evidence-based practices.
2023 West Virginia Code › Chapter 16. Public Health › Article 64. Syringe Services Programs › §16-64-8. Immunity

(a) Notwithstanding any provision of this code to the contrary, an employee, volunteer, or participant of a licensed syringe services program may not be arrested, charged with, or prosecuted for possession of any of the following:
(1) Sterile or used syringes, hypodermic syringes, injection supplies obtained from or returned to a program, or other safer drug use materials obtained from a program established pursuant to this article, including testing supplies for illicit substances.
(2) Residual amounts of a controlled substance contained in a used syringe, used injection supplies obtained from or returned to a program.
(b) A law-enforcement officer who, acting on good faith, arrests or charges a person who is thereafter determined to be entitled to immunity from prosecution under this section is not liable for the arrest or filing of charges.
(c) An individual who is wrongly detained, arrested or prosecuted under this section shall have the public record associated with the detainment, arrest or prosecution expunged.
(d) A health care professional, or an employee or volunteer of a licensed syringe services program is not subject to professional sanction, detainment, arrest, or prosecution for carrying out the provisions of this article.
(e) A business that has syringe litter on its property is immune from civil or criminal liability in any action relating to the needle on its property unless the business owner acted in reckless disregard for the safety of others.
2023 West Virginia Code › Chapter 16. Public Health › Article 64. Syringe Services Programs › §16-64-9. Civil Penalties and Injunctive Relief

(a) The Office of Health Facilities Licensure and Certification may assess an administrative penalty of not less than $500 nor more than $10,000 per violation of this article.
(b) The Office of Health Facilities Licensure and Certification may seek injunctive relief to enforce the provisions of this article.
2023 West Virginia Code › Chapter 16. Public Health › Article 64. Syringe Services Programs › §16-64-10. Coordination of Care

(a) A syringe service program shall coordinate with other health care providers in its services to render care to the individuals as set forth in the program requirements.
(b) In the event that the syringe services program is closed, the syringe services program shall notify the participant of the closure of the service, prior to closure, in a conspicuous location, and provide an individual with a transition care plan.
(c) The Bureau for Medical Services shall submit a state plan amendment to permit harm reduction programs to be an eligible provider, except that the syringe exchange services shall not be eligible for reimbursement under the state plan.
(d) Upon passage, any existing provider not offering the full array of harm reduction services as set forth in this section shall cease and desist offering all needle exchange services. Any provider offering the full array of harm reduction services shall have until January 1, 2022, to come into compliance with this section. Any new provider shall have until January 1, 2022, to come into compliance with the provisions of this section.
2023 West Virginia Code › Chapter 16. Public Health › Article 65. Nondiscrimination Relating to Access to Organ Transplantation › §16-65-1. Legislative Intent

The Legislature finds that:
(1) A mental or physical disability does not diminish a persons right to health care;
(2) The "Americans with Disabilities Act of 1990" prohibits discrimination against persons with disabilities, yet many individuals with disabilities still experience discrimination in accessing critical health care services;
(3) Individuals with mental and physical disabilities have historically been denied life-saving organ transplants based on assumptions that their lives are less worthy, that they are incapable of complying with post-transplant medical regimens, or that they lack adequate support systems to ensure such compliance;
(4) Although organ transplant centers must consider medical and psychosocial criteria when determining if a patient is suitable to receive an organ transplant, transplant centers that participate in Medicare, Medicaid, and other federally funded programs are required to use patient selection criteria that result in a fair and nondiscriminatory distribution of organs; and
(5) West Virginia residents in need of organ transplants are entitled to assurances that they will not encounter discrimination on the basis of a disability.
2023 West Virginia Code › Chapter 16. Public Health › Article 65. Nondiscrimination Relating to Access to Organ Transplantation › §16-65-3. Discrimination Prohibited

(a) A covered entity may not, solely on the basis of a qualified individuals mental or physical disability:
(1) Determine a qualified individual ineligible to receive an anatomical gift or organ transplant;
(2) Deny a qualified individual medical and associated services related to organ transplantation, including evaluation, surgery, counseling, post-operative treatment, and services;
(3) Refuse to refer the qualified individual to a transplant center or other related specialist for the purpose of evaluation or receipt of an organ transplant;
(4) Refuse to place a qualified individual on an organ transplant waiting list, or place the individual at a lower-priority position on the list than the position at which he or she would have been placed if not for his or her disability; or
(5) Decline insurance coverage to a qualified individual for any procedure associated with the receipt of the anatomical gift, including post-transplantation care.
(b) Notwithstanding subsection (a) of this section, a covered entity may take an individuals disability into account when making treatment or coverage recommendations or decisions, solely to the extent that the physical or mental disability has been found by a physician or surgeon, following an individualized evaluation of the potential recipient, to be medically significant to the provision of the anatomical gift. The provisions of this section shall not be considered to require referrals or recommendations for, or the performance of, medically inappropriate organ transplants.
(c) If an individual has the necessary support system to assist the individual in complying with post-transplant medical requirements, an individuals inability to independently comply with those requirements shall not be considered to be medically significant for the purposes of subsection (b) of this section.
(d) A covered entity shall make reasonable modifications in policies, practices, or procedures when such modifications are necessary to make services such as transplantation-related counseling, information, coverage, or treatment available to qualified individuals with disabilities, unless the entity can demonstrate that making the modifications would fundamentally alter the nature of the services.
(e) A covered entity shall take steps necessary to ensure that a qualified individual with a disability is not denied services such as transplantation-related counseling, information, coverage, or treatment because of the absence of auxiliary aids and services, unless the entity can demonstrate that taking those steps would fundamentally alter the nature of the services being offered or would result in an undue burden.
(f) A covered entity shall otherwise comply with the requirements of Titles II and III of the Americans with Disabilities Act of 1990, as amended by the Americans with Disabilities Act Amendments Act of 2008.
(g) The provisions of this section apply to each part of the organ transplant process.
2023 West Virginia Code › Chapter 16. Public Health › Article 65. Nondiscrimination Relating to Access to Organ Transplantation › §16-65-4. Enforcement

(a) The remedies for violations of this article are the same as those available under Titles II and III of the Americans with Disabilities Act, 42 U.S.C. 12131-12189.
(b) The court shall accord priority on its calendar and expeditiously proceed with an action brought to seek any remedy authorized by law for purposes of enforcing compliance with the provisions of this article.
2023 West Virginia Code › Chapter 16. Public Health › Article 66. Support for Mothers and Babies Act › §16-66-1. Definitions

The following terms are defined:
"Abortion industry organization" means any organization that performs, prescribes, refers for, encourages or promotes abortion as an option for a pregnant woman, or owns, operates, or manages a facility where abortions are performed and prescribed.
"Organization" means the entire legal entity, including any entity or affiliate that controls, is controlled by, or is under common control with such an entity.
"Pregnancy help organization" means an organization that seeks to provide a range of services to pregnant women. Pregnancy help organizations do not perform, prescribe, refer for or encourage abortion, as defined above, nor do they affiliate with any organization that performs, prescribes, refers for, or encourages abortion. Pregnancy help organizations include, but are not limited to, organizations traditionally known as "crisis pregnancy organizations," maternity homes, adoption agencies, and social services agencies that provide material support and other assistance to pregnant women.
"Management agency" means an organization that contracts with the Bureau for Public Health, or department thereof to manage the West Virginia Mothers and Babies Pregnancy Support Program.
"Subcontractor" means a pregnancy help organization that contracts with the management agency to provide Pregnancy Support Program services to individuals.
2023 West Virginia Code › Chapter 16. Public Health › Article 66. Support for Mothers and Babies Act › §16-66-2. Establishing the West Virginia Mothers and Babies Pregnancy Support Program

(a) There is hereby established the West Virginia Mothers and Babies Pregnancy Support Program under the Bureau for Public Health.
(b) A pregnancy help organization is eligible to receive funding from the program, subject to meeting the standards defined by the managing agency.
(c) An abortion industry organization may not receive funding from the program.
(d) Funds distributed under the program shall be distributed on a fee per service arrangement with a fee per service and hour arrangement as set by the management agency.
2023 West Virginia Code › Chapter 16. Public Health › Article 66. Support for Mothers and Babies Act › §16-66-3. Management Agency

(a) The bureau shall contract with a management agency that exclusively promotes and supports childbirth and is knowledgeable and supportive of pregnancy help organization operations to receive the funds and administer the program, as the program's management agency.
(b) The management agency may not perform, prescribe, refer for, advocate for, or encourage abortion; nor may they affiliate or hold any relationship with any abortion industry organization or any entity that controls, is controlled by, or is under common control with an abortion industry organization.
(c) The management agency shall be tasked with the following:
(1) Locating and advertising program participation to pregnancy help organizations within the state;
(2) Establishing qualification requirements for a pregnancy help organization participation, which include:
(A) Providing training and annual evaluations to their employees and volunteers;
(B) Maintaining policies and processes for child abuse reporting, medical emergencies, and/or addressing client complaints;
(C) Requiring a policy that pregnancy help organizations abide by all applicable federal and state laws; and
(D) Registering as a 501(c)(3) nonprofit organization.
(3) Establishing invoicing and reimbursement for pregnancy help organizations receiving funding under the program, including a fee or service schedule whereby costs for each service are set forth.
(4) Establishing statistical standards and other reporting requirements.
(5) Establishing an auditing procedure for pregnancy help organizations to ensure financial and operational accountability.
(d) The management agency shall enter into contracts with pregnancy help organizations to operate as subcontractors for serving individuals under the program.
2023 West Virginia Code › Chapter 16A. Medical Cannabis Act › Article 3. Medical Cannabis Program › §16A-3-2. Lawful Use of Medical Cannabis

(a) Notwithstanding any provision of law to the contrary, the use or possession of medical cannabis as set forth in this act is lawful within this state, subject to the following conditions:
(1) Medical cannabis may only be dispensed to:
(A) a patient who receives a certification from a practitioner and is in possession of a valid identification card issued by the bureau; and
(B) a caregiver who is in possession of a valid identification card issued by the bureau.
(2) Subject to rules promulgated under this act, medical cannabis may only be dispensed to a patient or caregiver in the following forms:
(A) Pill;
(B) Oil;
(C) Topical forms, including gels, creams or ointments;
(D) A form medically appropriate for administration by vaporization or nebulization, excluding dry leaf or plant form until dry leaf or plant forms become acceptable under rules adopted by the bureau;
(E) Tincture;
(F) Liquid; or
(G) Dermal patch.
(3) Unless otherwise provided in rules adopted by the bureau under section two, article eleven of this chapter, medical cannabis may not be dispensed to a patient or a caregiver in dry leaf or plant form.
(4) An individual may not act as a caregiver for more than five patients.
(5) A patient may designate up to two caregivers at any one time.
(6) Medical cannabis that has not been used by the patient shall be kept in the original package in which it was dispensed.
(7) A patient or caregiver shall possess an identification card whenever the patient or caregiver is in possession of medical cannabis.
(8) Products packaged by a grower/processor or sold by a dispensary shall only be identified by the name of the grower/processor, the name of the dispensary, the form and species of medical cannabis, the percentage of tetrahydrocannabinol and cannabinol contained in the product.
2023 West Virginia Code › Chapter 16A. Medical Cannabis Act › Article 3. Medical Cannabis Program › §16A-3-3. Unlawful Use of Medical Cannabis

(a) Except as provided in section two of this article, section four of article seven, article thirteen or article fourteen of this chapter, the use of medical cannabis is unlawful and shall, in addition to any other penalty provided by law, be deemed a violation of the Uniform Controlled Substances Act under chapter sixty-a of this code.
(b) It shall be unlawful to:
(1) Smoke medical cannabis.
(2) Except as provided under subsection (c), incorporate medical cannabis into edible form or sell in edible form.
(3) Grow medical cannabis unless the grower/processor has received a permit from the bureau under this act.
(4) Grow or dispense medical cannabis unless authorized as a health care medical cannabis organization under article thirteen of this chapter.
(5) Dispense medical cannabis unless the dispensary has received a permit from the bureau under this act.
(c) Edible medical cannabis. — Nothing in this act shall be construed to preclude the incorporation of medical cannabis into edible form by a patient or a caregiver in order to aid ingestion of the medical cannabis by the patient.
2023 West Virginia Code › Chapter 16A. Medical Cannabis Act › Article 3. Medical Cannabis Program › §16A-3-4. Confidentiality

(a) Patient information. — The bureau shall maintain a confidential list of patients and caregivers to whom it has issued identification cards. All information obtained by the bureau relating to patients, caregivers and other applicants shall be confidential and not subject to public disclosure under chapter twenty-nine-b of this code, including specifically the following:
(1) Individual identifying information about patients and caregivers.
(2) Certifications issued by practitioners.
(3) Information on identification cards.
(4) Information provided by the West Virginia State Police under section two, article five of this chapter.
(5) Information relating to the patient’s serious medical condition.
(b) Public information. — The following records are public records and shall be subject to the Freedom of Information Act, under chapter twenty-nine-b of this code:
(1) Applications for permits submitted by medical cannabis organizations.
(2) The names, business addresses and medical credentials of practitioners authorized to provide certifications to patients to enable them to obtain and use medical cannabis in this state. All other practitioner registration information shall be confidential and exempt from public disclosure under the Freedom of Information Act.
(3) Information relating to penalties or other disciplinary actions taken against a medical cannabis organization or practitioner by the bureau for violation of this act.
2023 West Virginia Code › Chapter 16A. Medical Cannabis Act › Article 4. Practitioners › §16A-4-1. Registration

(a) Eligibility. — A physician included in the registry is authorized to issue certifications to patients to use medical cannabis. To be eligible for inclusion in the registry:
(1) A physician must apply for registration in the form and manner required by the bureau.
(2) The bureau must determine that the physician is, by training or experience, qualified to treat a serious medical condition. The physician shall provide documentation of credentials, training or experience as required by the bureau.
(3) The physician must have successfully completed the course under subsection (a), section one, article three of this chapter.
(b) Bureau action. —
(1) The bureau shall review an application submitted by a physician to determine whether to include the physician in the registry. The review shall include information regarding whether the physician has a valid, unexpired, unrevoked, unsuspended license to practice medicine in this state and whether the physician has been subject to discipline.
(2) The inclusion of a physician in the registry shall be subject to annual review to determine if the physician’s license is no longer valid, has expired or been revoked or the physician has been subject to discipline. If the license is no longer valid, the bureau shall remove the physician from the registry until the physician holds a valid, unexpired, unrevoked, unsuspended state license to practice medicine in West Virginia.
(3) The West Virginia Board of Medicine and West Virginia Board of Osteopathic Medicine shall report to the bureau the expiration, suspension or revocation of a physician’s license and any disciplinary actions in a timely fashion.
(c) Practitioner requirements. — A practitioner included in the registry shall have an ongoing responsibility to immediately notify the bureau in writing if the practitioner knows or has reason to know that any of the following is true with respect to a patient for whom the practitioner has issued a certification:
(1) The patient no longer has the serious medical condition for which the certification was issued.
(2) Medical cannabis would no longer be therapeutic or palliative.
(3) The patient has died.
2023 West Virginia Code › Chapter 16A. Medical Cannabis Act › Article 4. Practitioners › §16A-4-2. Practitioner Restrictions

(a) Practices prohibited. — The following shall apply with respect to practitioners:
(1) A practitioner may not accept, solicit or offer any form of remuneration from or to a prospective patient, patient, prospective caregiver, caregiver or medical cannabis organization, including an employee, financial backer or principal, to certify a patient, other than accepting a fee for service with respect to the examination of the prospective patient to determine if the prospective patient should be issued a certification to use medical cannabis.
(2) A practitioner may not hold a direct or economic interest in a medical cannabis organization.
(3) A practitioner may not advertise the practitioner’s services as a practitioner who can certify a patient to receive medical cannabis.
(b) Unprofessional conduct. — A practitioner who violates subsection (a) of this section shall not be permitted to issue certifications to patients and shall be removed from the registry.
(c) Discipline. — In addition to any other penalty that may be imposed under this act, a violation of subsection (a) of this section or subsection (f), section three of this article shall be deemed unprofessional conduct under the West Virginia Medical Practice Act, and shall subject the practitioner to discipline by the West Virginia Board of Medicine and West Virginia Board of Osteopathic Medicine, as appropriate.
2023 West Virginia Code › Chapter 16A. Medical Cannabis Act › Article 4. Practitioners › §16A-4-5. Duration

Receipt of medical cannabis by a patient or caregiver from a dispensary may not exceed a 30-day supply of individual doses. During the last seven days of any 30-day period during the term of the identification card, a patient may obtain and possess a 30-day supply for the subsequent 30-day period. Additional 30-day supplies may be provided in accordance with this section for the duration of the authorized period of the identification card unless a shorter period is indicated on the certification.
2023 West Virginia Code › Chapter 16A. Medical Cannabis Act › Article 5. Patients › §16A-5-2. Caregivers

(a) Requirements. —
(1) If the patient designates a caregiver, the application shall include the name, address and date of birth of the caregiver, and other individual identifying information required by the bureau and the following:
(A) Federal and state criminal history record information as set forth in subsection (b) of this section.
(B) If the caregiver has an identification card for the caregiver or another patient, the expiration date of the identification card.
(C) Other information required by the bureau.
(2) The application shall be accompanied by a fee of $50. The bureau may waive or reduce the fee in cases of demonstrated financial hardship.
(3) The bureau may require additional information for the application.
(4) The application shall be signed and dated by the applicant.
(b) Criminal history. — A caregiver shall submit fingerprints for the purpose of obtaining criminal history record checks, and the West Virginia State Police or its authorized agent shall submit the fingerprints to the Federal Bureau of Investigation for the purpose of verifying the identity of the applicant and obtaining a current record of any criminal arrests and convictions. Any criminal history record information relating to a caregiver obtained under this section by the bureau may be interpreted and used by the bureau only to determine the applicant’s character, fitness and suitability to serve as a caregiver under this act. The bureau shall also review the prescription drug monitoring program relating to the caregiver. The bureau shall deny the application of a caregiver who has been convicted of a criminal offense that occurred within the past five years relating to the felony sale or possession of drugs, narcotics or controlled substances, or conspiracy thereof. The bureau may deny an application if the applicant has a history of drug abuse or of diverting controlled substances or illegal drugs.
2023 West Virginia Code › Chapter 16A. Medical Cannabis Act › Article 5. Patients › §16A-5-5. Special Conditions

The following apply:
(1) If the practitioner states in the certification that, in the practitioner’s professional opinion, the patient would benefit from medical cannabis only until a specified earlier date, then the identification card shall expire on that date.
(2) If the certification so provides, the identification card shall state any requirement or limitation by the practitioner as to the form of medical cannabis for the patient.
2023 West Virginia Code › Chapter 16A. Medical Cannabis Act › Article 5. Patients › §16A-5-6. Minors

If a patient is under eighteen years of age, the following shall apply:
(1) The patient shall have a caregiver.
(2) A caregiver must be one of the following:
(A) A parent or legal guardian of the patient.
(B) An individual designated by a parent or legal guardian.
(C) An appropriate individual approved by the bureau upon a sufficient showing that no parent or legal guardian is appropriate or available.
2023 West Virginia Code › Chapter 16A. Medical Cannabis Act › Article 5. Patients › §16A-5-7. Caregiver Authorization and Limitations

(a) Age. — An individual who is under twenty-one years of age may not be a caregiver unless a sufficient showing, as determined by the bureau, is made to the bureau that the individual should be permitted to serve as a caregiver.
(b) Changing caregiver. — If a patient wishes to change or terminate the designation of the patient’s caregiver, for whatever reason, the patient shall notify the bureau as soon as practicable. The bureau shall issue a notification to the caregiver that the caregiver’s identification card is invalid and must be promptly returned to the bureau.
(c) Denial in part. — If an application of a patient designates an individual as a caregiver who is not authorized to be a caregiver, that portion of the application shall be denied by the bureau. The bureau shall review the balance of the application and may approve that portion of it.
2023 West Virginia Code › Chapter 16A. Medical Cannabis Act › Article 5. Patients › §16A-5-8. Contents of Identification Card

An identification card shall contain the following:
(1) The name of the caregiver or the patient, as appropriate. The identification card shall also state whether the individual is designated as a patient or as a caregiver.
(2) The date of issuance and expiration date.
(3) An identification number for the patient or caregiver, as appropriate.
(4) A photograph of the individual to whom the identification card is being issued, whether the individual is a patient or a caregiver. The method of obtaining the photograph shall be specified by the bureau by rule. The bureau shall provide reasonable accommodation for a patient who is confined to the patient’s home or is in inpatient care.
(5) Any requirement or limitation set by the practitioner as to the form of medical cannabis.
(6) Any other requirements determined by the bureau, except the bureau may not require that an identification card disclose the patient’s serious medical condition.