reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 16. Public Health › Article 42. Core Behavioral Health Crisis Services System › §16-42-3. Reimbursement of Treatment for Crisis Receiving and Stabilization Services

(a) Crisis receiving and stabilization services as related to the call shall be reimbursed by the department if the individual for whom services were provided meets the definition of an uninsured person or if the crisis stabilization service is not a covered service by the individuals health coverage.
(b) The departments Bureau for Medical Services shall work with the entity responsible for the development of crisis receiving and stabilization services to explore options for appropriate coding of and payment for crisis management services.
(c) The department shall determine how payment will be made to the provider of service.
(d) The departments Bureau for Behavioral Health shall be responsible for all costs and expenses related to the administration and operation of the Core Behavioral Health Crisis Services System.
2023 West Virginia Code › Chapter 16. Public Health › Article 42. Core Behavioral Health Crisis Services System › §16-42-4. Duties and Powers of the Secretary

The secretary at his or her discretion may hire employees, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this article, make and sign any agreements, and may do and perform any acts necessary to accomplish the planning required for implementation or ongoing oversight of this article in coordination with designated hotline center(s), 9-1-1 centers, the state mental health authority, and the National Suicide Prevention Lifeline.
2023 West Virginia Code › Chapter 16. Public Health › Article 42. Core Behavioral Health Crisis Services System › §16-42-6. Rulemaking

(a) The secretary may propose legislative rules for promulgation in accordance with 29A-3-1
et seq
. of this code to implement the provisions of this article, including, but not limited to, allowing appropriate information sharing and communication between and across crisis and emergency response systems for the purpose of real-time crisis care coordination, deployment of crisis and outgoing services, and linked, flexible services specific to crisis response.
(b) The Legislature finds that for the purposes of 29A-3-15 of this code, an emergency exists requiring the promulgation of emergency rules to preserve the public peace, health, safety, or welfare and to prevent substantial harm to the public interest.
2023 West Virginia Code › Chapter 16. Public Health › Article 42. Core Behavioral Health Crisis Services System › §16-42-7. Annual Report

The secretary shall submit an annual report to the Governor, Legislature, the Substance Abuse and Mental Health Services Administration, and the Federal Communications Commission that includes: The usage of the 988 suicide prevention and behavioral health crisis hotline and the revenue diverted for the administration and operation of the Core Behavioral Health Crisis Services System.
2023 West Virginia Code › Chapter 16. Public Health › Article 43. Engine Coolant and Antifreeze › §16-43-1. Definitions

For the purposes of this article:
(1) "Bittering agent" means an aversive agent that renders engine coolant or antifreeze unpalatable; and
(2) "Engine coolant" or "antifreeze" means:
(A) A substance or preparation, regardless of its origin used as the cooling medium in the cooling system of an internal combustion engine to provide protection against freezing, overheating and corrosion of the cooling system; and
(B) A product that is labeled to indicate or imply that it will prevent freezing or overheating of the cooling system of an internal combustion engine.
2023 West Virginia Code › Chapter 16. Public Health › Article 43. Engine Coolant and Antifreeze › §16-43-2. Engine Coolant and Antifreeze; Bittering Agent Required; Penalty; Exceptions

(a) Any engine coolant or antifreeze manufactured in this state after January 1, 2012, or sold after that date within West Virginia that contains more than ten percent ethylene glycol shall include not less than thirty parts per million and not more than fifty parts per million denatonium benzoate as a bittering agent in order to render the coolant or antifreeze unpalatable.
(b) A manufacturer, processor, distributor, recycler or seller of an engine coolant or antifreeze that is required to contain the bittering agent set forth in subsection (a) of this section is not liable to any person for any personal injury, death, property damage, damage to the environment or economic loss that results from the inclusion of denatonium benzoate in any engine coolant or antifreeze, if the inclusion of denatonium benzoate is present in concentrations as mandated by subsection (a) of this section. The limitation on liability does not apply to a particular liability to the extent that the cause of the liability is unrelated to the inclusion of denatonium benzoate in any engine coolant or antifreeze.
(c) The provisions of this section do not apply to:
(1) The sale of a motor vehicle that contains engine coolant or antifreeze;
(2) A wholesale container of engine coolant or antifreeze designed to contain fifty-five gallons or more of engine coolant or antifreeze; and
(3) Engine coolant or antifreeze reformulated through on site recycling.
(d) Any person who violates any provision of this section is guilty of a misdemeanor and shall be fined not more than $100. Each day of violation is a separate offense.
2023 West Virginia Code › Chapter 16. Public Health › Article 44. The Pulse Oximetry Newborn Testing Act › §16-44-1. Legislative Findings

The Legislature finds and declares that:
(1) Congenital heart defects are structural abnormalities of the heart that are present at birth; congenital heart defects range in severity from simple problems such as holes between chambers of the heart, to severe malformations, such as the complete absence of one or more chambers or valves; some critical congenital heart defects can cause severe and life-threatening symptoms which require intervention within the first days of life;
(2) According to the United States Secretary of Health and Human Services' Advisory Committee on Heritable Disorders in Newborns and Children, congenital heart disease affects approximately seven to nine of every thousand live births in the United States and Europe; the federal Centers for Disease Control and Prevention states that congenital heart defects are the leading cause of infant death due to birth defects;
(3) Current methods for detecting congenital heart defects generally include prenatal ultrasound screening and repeated clinical examinations; while prenatal ultrasound screenings can detect some major congenital heart defects, these screenings, alone, identify less than half of all congenital heart defect cases, and critical congenital heart defect cases are often missed during routine clinical exams performed prior to a newborn's discharge from a birthing facility;
(4) Pulse oximetry is a noninvasive test that estimates the percentage of hemoglobin in blood that is saturated with oxygen; when performed on a newborn when the baby is twenty-four to forty-eight hours of age, or as late as possible if the baby is to be discharged from the hospital before he or she is twenty-four hours of age, pulse oximetry screening is often more effective at detecting critical, life-threatening congenital heart defects which otherwise go undetected by current screening methods; newborns with abnormal pulse oximetry results require immediate confirmatory testing and intervention; and
(5) Many newborn lives could potentially be saved by earlier detection and treatment of congenital heart defects if birthing facilities in the state were required to perform this simple, noninvasive newborn screening in conjunction with current congenital heart defect screening methods.
2023 West Virginia Code › Chapter 16. Public Health › Article 44. The Pulse Oximetry Newborn Testing Act › §16-44-2. Pulse Oximetry Screening Required; Definition; Rules

(a) The Commissioner of the Bureau for Public Health shall require each birthing facility licensed by the Department of Health and Human Resources to perform a pulse oximetry screening on every newborn in its care, when the baby is twenty-four to forty-eight hours of age, or as late as possible if the baby is to be discharged from the hospital before he or she is twenty-four hours of age.
(b) As used in this article, "birthing facility" means an inpatient or ambulatory health care facility licensed by the Department of Health and Human Resources that provides birthing and newborn care services.
(c) The commissioner shall adopt procedural rules and propose legislative rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, that are necessary to carry out the purposes of this article.
2023 West Virginia Code › Chapter 16. Public Health › Article 45. Tanning Facilities › §16-45-1. Definitions

As used in this article:
(1) "Photo therapy device" means a device used for exposure to daylight or to specific wavelengths of light using lasers, light-emitting diodes, fluorescent lamps, dichroic lamps or very bright, full-spectrum light, usually controlled with various devices.
(2) "Tanning device" means any equipment that emits radiation used for tanning of the skin, such as a sun lamp, tanning booth or tanning bed, and includes any accompanying equipment, such as protective eye wear, timers and handrails.
(3) "Tanning facility" means any commercial location, place, area, structure or business where a tanning device is used for a fee, membership dues or other compensation.
2023 West Virginia Code › Chapter 16. Public Health › Article 45. Tanning Facilities › §16-45-2. Exception for Health Care Providers

Nothing in this article may be construed as prohibiting any health care provider licensed under chapter thirty of this code from performing any action within the scope of his or her practice that results in prescribing the use of a photo therapy device to a patient regardless of the patient's age for treatment of a medical condition.
2023 West Virginia Code › Chapter 16. Public Health › Article 45. Tanning Facilities › §16-45-3. Operation Standards

(a) A tanning facility shall provide to any patron who wishes to use a tanning device located within its tanning facility a disclosure and consent form relating to use of a tanning device that contains the current United States Food and Drug Administration warning as follows: “Danger. Ultraviolet Radiation. Follow instructions. Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin injury and allergic reactions. REPEATED EXPOSURE MAY CAUSE PREMATURE AGING OF THE SKIN AND SKIN CANCER. WEAR PROTECTIVE EYEWEAR; FAILURE TO DO SO MAY RESULT IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES. Medications or cosmetics may increase your sensitivity to the ultraviolet radiation. Consult physician before using tanning device if you are using medications or have a history of skin problems or believe yourself especially sensitive to sunlight. If you do not tan in the sun, you are unlikely to tan from use of this product.”
The disclosure and consent form must have a place for the patron’s signature and the date. A signed and dated copy of the disclosure and consent form shall be maintained by the tanning facility and remains valid for one year from the date it was signed.
(b) All patrons are required to present proof of age prior to use of a tanning device. Proof of age shall be satisfied with a driver’s license or other government-issued identification containing the date of birth and a photograph of the individual. Persons under the age of eighteen may not be permitted to use a tanning device.
2023 West Virginia Code › Chapter 16. Public Health › Article 45. Tanning Facilities › §16-45-5. Violations and Penalties

(a) Any owner of a tanning facility who violates the requirements of this article is guilty of a misdemeanor and, upon conviction thereof, for a first offense, shall be fined $100.
(b) For a second offense, the owner is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $250 nor more than $500.
(c) For a third offense or subsequent offense, the owner is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $1,000.
2023 West Virginia Code › Chapter 16. Public Health › Article 46. Access to Opioid Antagonists Act › §16-46-1. Purpose and Findings

(a) The purpose of this article is to prevent deaths in circumstances involving individuals who have overdosed on opiates.
(b) The Legislature finds that permitting licensed health care providers to prescribe opioid antagonists to initial responders as well as individuals at risk of experiencing an overdose, their relatives, friends or caregivers may prevent accidental deaths as a result of opiate-related overdoses.
2023 West Virginia Code › Chapter 16. Public Health › Article 46. Access to Opioid Antagonists Act › §16-46-2. Definitions

As used in this article:
(1) "Initial responder" means emergency medical service personnel, as defined in subdivision (g), section three, article four-c of this chapter, including, but not limited to, a member of the West Virginia State Police, a sheriff, a deputy sheriff, a municipal police officer, a volunteer or paid firefighter and any other person acting under color of law who responds to emergencies.
(2) "Licensed health care provider" means a person, partnership, corporation, professional limited liability company, health care facility or institution licensed by or certified in this state to provide health care or professional health care services. This includes, but is not limited to, medical physicians, allopathic and osteopathic physicians, pharmacists, physician assistants or osteopathic physician assistants who hold a certificate to prescribe drugs, advanced nurse practitioners who hold a certificate to prescribe drugs, hospitals, emergency service agencies and others as allowed by law to prescribed drugs.
(3) "Opiates" or "opioid drugs" means drugs that are members of the natural and synthetic opium family, including, but not limited to, heroin, morphine, codeine, methadone, oxycodone, hydrocodone, fentanyl and hydromorphone.
(4) "Opioid antagonist" means a federal Food and Drug Administration-approved drug for the treatment of an opiate-related overdose, such as naloxone hydrochloride or other substance, that, when administered, negates or neutralizes, in whole or in part, the pharmalogical effects of an opioid in the body.
(5) "Opioid overdose prevention and treatment training program" or "program" means any program operated or approved by the Office of Emergency Medical Services as set forth in rules promulgated pursuant to this article.
(6) "Overdose" means an acute condition, including, but not limited to, life-threatening physical illness, coma, mania, hysteria or death, which is the result of the consumption or use of opioid drugs.
(7) "Standing order" means a written document containing rules, policies, procedures, regulations and orders for the conduct of patient care, including the condition being treated, the action to be taken and the dosage and route of administration for the drug prescribed.
2023 West Virginia Code › Chapter 16. Public Health › Article 46. Access to Opioid Antagonists Act › §16-46-3. Licensed Health Care Providers May Prescribe Opioid Antagonists to Initial Responders and Certain Individuals; Required Educational Materials; Limited Liability

(a) The following individuals may prescribe an opioid antagonist in the manner prescribed by this subsection:
(1) A licensed health care provider acting in good faith and exercising good reasonable care may directly or by standing order prescribe an opioid antagonist to:
(A) A person at risk of experiencing an opioid-related overdose; or
(B) A family member, friend, or other person in a position to assist a person at risk of experiencing an opioid-related overdose.
(2) A licensed health care provider acting in good faith and exercising reasonable care may directly or by standing order prescribe an opioid antagonist to any governmental or non-governmental organization, including a local health department, a law enforcement agency, or an organization that promotes scientifically proven ways of mitigating health risks associated with substance use disorders and other high risk behaviors, for the purpose of distributing, through its agents, the opioid antagonist, to:
(A) A person at risk of experiencing an opioid-related overdose or
(B) A family member, friend, or other person in a position to assist a person at risk of experiencing an opioid-related overdose.
(b) A pharmacist may dispense an opioid antagonist to a person or organization pursuant to a prescription issued in accordance with subsection (a) of this section.
(c)(1) A governmental or non-governmental organization, including a local health department, a law enforcement agency, or organization that promotes scientifically proven ways to mitigate health risks associated with substance use disorders and other high-risk behaviors may, through its trained agents, distribute an opioid antagonist obtained pursuant to a prescription issued in accordance with this section to:
(A) A person at risk of experiencing an opioid-related overdose or
(B) A family member, friend, or other person in a position to assist a person at risk of experiencing an opioid-related overdose.
(2) An organization, through its trained agents, shall include with any distribution of an opioid antagonist pursuant to this subsection required education including opioid-related overdose prevention and treatment programs and instruction on how to administer the opioid antagonist.
(d) A person who receives an opioid antagonist that was prescribed pursuant to subsection (a) or distributed pursuant to subsection (c) may administer an opioid antagonist to another person if:
(1) The person has a good faith belief that the other person is experiencing a drug-related overdose; and
(2) The person exercises reasonable care in administering the drug to another person.
(e) A person and organization acting in good faith under the provisions of this section are immune from civil or criminal liability.
(f) A person and organization may possess an opioid antagonist, regardless of whether the person or organization holds a prescription for the opioid antagonist.
2023 West Virginia Code › Chapter 16. Public Health › Article 46. Access to Opioid Antagonists Act › §16-46-3a. Pharmacist or Pharmacy Intern May Dispense, Pursuant to a Protocol, Opioid Antagonists Without a Prescription; Patient Counseling Required; Required Educational Materials

(a) Pursuant to the protocol developed under subsection (f) of this section, a pharmacist or pharmacy intern under the supervision of a pharmacist may dispense an opioid antagonist without a prescription.
(b) A pharmacist or pharmacy intern who dispenses an opioid antagonist without a prescription under this section shall provide patient counseling to the individual for whom the opioid antagonist is dispensed regarding, but not limited to, the following topics: (1) The proper administration of the opioid antagonist; (2) the importance of contacting emergency services as soon as practicable either before or after administering the opioid antagonist; and (3) the risks associated with failure to contact emergency services following administration of an opioid antagonist. The patient counseling described in this section is mandatory and the person receiving the opioid antagonist may not opt out.
(c) A pharmacist shall document the dispensing of an opioid antagonist without a prescription as set forth in the protocol developed under subsection (f) of this section and the reporting requirements set forth in subsection (a), section four, article nine, chapter sixty-a of this code.
(d) All pharmacists or pharmacy interns who dispense an opioid antagonist under this section shall provide educational materials to any person receiving such an opioid antagonist on opiate-related overdose prevention and treatment programs, as well as materials on administering the opioid antagonist.
(e) This section does not affect the authority of a pharmacist or pharmacy intern to fill or refill a prescription for an opioid antagonist.
(f) To implement the provisions of this section, the Board of Pharmacy shall, after consulting with the Bureau for Public Health: (1) Develop a protocol under which pharmacists or pharmacy interns may dispense an opioid antagonist without a prescription; (2) specify educational materials which shall be provided to the individual receiving the opioid antagonist; and (3) develop a form, template or the like to be used by pharmacists and pharmacy interns when dispensing the opioid antagonists without a prescription. The protocol developed by the board may be updated or revised as necessary.
2023 West Virginia Code › Chapter 16. Public Health › Article 46. Access to Opioid Antagonists Act › §16-46-4. Possession and Administration of an Opioid Antagonist by Initial Responders; Limited Liability

(a) Local and state governmental agencies that employ initial responders must provide opioid antagonist rescue kits to their initial responders, require initial responders to successfully complete the training required by §16-46-6(b) of this code, and require the initial responders to carry the opioid antagonist rescue kits in accordance with agency procedures so as to optimize the initial responders’ capacity to timely assist in the prevention of opioid overdoses: Provided, That a local or state governmental agency has designated sufficient funding or supplies of opioid antagonist rescue kits.
(b) In the absence of gross negligence or willful misconduct, nothing in this section shall be construed to impose civil or criminal liability on a local or state governmental agency or an initial responder acting in good faith in the administration or provision of an opioid antagonist in cases where an individual appears to be experiencing an opioid overdose.
(c) As used in this section, an “opioid antagonist rescue kit” means a kit containing:
(1) Two doses of an opioid antagonist in either a generic form or in a form approved by the United States Federal Food and Drug Administration; and
(2) Overdose education materials that conform to Office of Emergency Medical Services or federal Substance Abuse and Mental Health Services Administration guidelines for opioid overdose education that explain the signs and causes of an opioid overdose and instruct when and how to administer in accordance with medical best practices:
(A) Life-saving rescue techniques; and
(B) An opioid antagonist.
2023 West Virginia Code › Chapter 16. Public Health › Article 46. Access to Opioid Antagonists Act › §16-46-5. Licensed Health Care Providers Limited Liability Related to Opioid Antagonist Prescriptions

(a) A licensed health care provider who is permitted by law to prescribe drugs, including opioid antagonists, may, if acting in good faith, prescribe and subsequently dispense or distribute an opioid antagonist without being subject to civil liability or criminal prosecution unless prescribing the opioid antagonist was the result of the licensed health care providers gross negligence or willful misconduct.
(b) For purposes of this chapter and chapter sixty-a of this code, any prescription written, as described in section three of this article, shall be presumed as being issued for a legitimate medical purpose in the usual course of professional practice unless the presumption is rebutted by a preponderance of the evidence.
(c) Any person who possesses an opioid antagonist and administers it to a person whom they believe to be suffering from an opioid-related overdose and who is acting in good faith is not, as a result of his or her actions or omissions, subject to criminal prosecution arising from the possession of an opioid antagonist or subject to any civil liability with respect to the administration of or failure to administer the opioid antagonist unless the act or failure to act was the result of gross negligence or willful misconduct.
(d) Any person who administers an opioid antagonist to a person whom they believe to be suffering from an opioid-related overdose is required to seek additional medical treatment at a medical facility for that person immediately following the administration of the opioid antagonist to avoid further complications as a result of suspected opioid-related overdose.
(e) Any pharmacist or pharmacy intern who dispenses or refuses to dispense an opioid antagonist under the provisions of this article who is acting in good faith and subject to the requirements of section three-a of this article is not, as a result of his or her actions or omissions, subject to civil liability or criminal prosecution unless dispensing the opioid antagonist was the result of the pharmacist or pharmacy interns gross negligence or willful misconduct.
2023 West Virginia Code › Chapter 16. Public Health › Article 46. Access to Opioid Antagonists Act › §16-46-6. Data Collection and Reporting Requirements; Training

(a) Beginning March 1, 2016, and annually after that the following reports shall be compiled:
(1) The Office of Emergency Medical Services shall collect data regarding each administration of an opioid antagonist by an initial responder. The Office of Emergency Medical Services shall report this information to the Legislative Oversight Commission on Health and Human Resources Accountability, Joint Committee on Health and the West Virginia Bureau for Behavioral Health and Health Facilities. The data collected and reported shall include:
(A) The number of training programs operating in an Office of Emergency Medical Services-designated training center;
(B) The number of individuals who received training to administer an opioid antagonist;
(C) The number of individuals who received an opioid antagonist administered by an initial responder;
(2) The distribution of an opioid antagonist by a governmental or non-governmental entity, granting institution, medical provider, or pharmacy whose software cannot automatically report to the West Virginia Controlled Substance Monitoring Program database must report to the West Virginia Office of Drug Control Policy on a monthly basis. Report must be generated and submitted by the 10th day of each month for the opioid antagonists dispensed or distributed in the previous month. The following information must be reported:
(A) The name and address of the entity dispensing or distributing the opioid antagonist;
(B) The name and national drug code for each formulation of opioid antagonist dispensed or distributed;
(C) The total quantity of each formulation of opioid antagonist dispensed or distributed.
(3) The West Virginia Board of Pharmacy shall query the West Virginia Controlled Substances Monitoring Program database to compile all data related to the dispensing of opioid antagonists and combine that data with any additional data maintained by the Board of Pharmacy related to prescriptions for and distribution of opioid antagonists. The aggregate data shall be reported to the West Virginia Office of Drug Control Policy by the 10th day of each month. By February 1 and annually thereafter, the West Virginia Office of Drug Control Policy shall provide a report of this information, excluding any personally identifiable information, to the Legislative Oversight Commission on Health and Human Resources Accountability, Joint Committee on Health and the West Virginia Bureau for Behavioral Health and Health Facilities.
(b) To implement the provisions of this article, including establishing the standards for certification and approval of opioid overdose prevention and treatment training programs and protocols regarding a refusal to transport, the Office of Emergency Medical Services may promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code and shall propose rules for legislative approval in accordance with the provisions of said article.
2023 West Virginia Code › Chapter 16. Public Health › Article 46. Access to Opioid Antagonists Act › §16-46-7. Statewide Standing Orders for Opioid Antagonist

(a) The state health officer may prescribe on a statewide basis an opioid antagonist by one or more standing orders to eligible recipients.
(b) A standing order must specify, at a minimum:
(1) The opioid antagonist formulations and means of administration that are approved for dispensing;
(2) The eligible recipients to whom the opioid antagonist may be dispensed;
(3) Any training that is required for an eligible recipient to whom the opioid antagonist is dispensed;
(4) The circumstances under which an eligible recipient may distribute or administer the opioid antagonist; and
(5) The timeline for renewing and updating the standing order.
2023 West Virginia Code › Chapter 16. Public Health › Article 47. Alcohol and Drug Overdose Prevention and Clemency Act › §16-47-2. Legislative Findings

(a) West Virginia currently has the highest drug overdose mortality rate in the United States. Since 1999, the number of drug overdose deaths in West Virginia has increased by over six hundred percent. Similarly, the age-adjusted death rate from alcohol-related overdoses has significantly increased in West Virginia, and throughout the United States, in the past ten years.
(b) The Legislature finds it is in the public interest to encourage citizens to intervene in drug and alcohol overdose situations by seeking potentially life-saving emergency medical assistance for others without fear of being subject to certain criminal penalties.
2023 West Virginia Code › Chapter 16. Public Health › Article 47. Alcohol and Drug Overdose Prevention and Clemency Act › §16-47-3. Definitions

As used in this article:
(1) "Overdose" means an acute condition, including, but not limited to, life-threatening physical illness, coma, mania, hysteria or death, which is the result of the consumption or use of a controlled substance or alcohol.
(2) "Emergency medical assistance" means medical services provided to a person who may be experiencing an overdose by a health care professional licensed, registered or certified under chapter thirty or chapter sixteen of this code acting within his or her lawful scope of practice.
2023 West Virginia Code › Chapter 16. Public Health › Article 47. Alcohol and Drug Overdose Prevention and Clemency Act › §16-47-5. Immunity, Alternative Sentencing and Clemency Options for a Person for Whom Emergency Medical Assistance Was Sought

(a) The immunity provisions in §16-47-4(a) of this code extend to the person for whom emergency medical assistance was sought if, after receiving emergency medical assistance, the person participates in, complies with, and completes a substance abuse treatment or recovery program approved by the court. Alternatively, a court may consider the following alternative sentencing and clemency options:
(1) Deferred prosecution under §60-6-26 or §60A-4-407 of this code;
(2) Pretrial diversion under §61-11-22 of this code;
(3) Adjudication in drug court under §62-15-1 et seq. of this code or §49-4-703 of this code; or
(4) Any other appropriate form of alternative sentencing or rehabilitation permitted by this code, including, but not limited to:
(A) Probation;
(B) Conditional discharge under §60-6-26 of this code; or
(C) The weekend jail program, the work program or the community service program under §62-11A-1a of this code.
(b) Notwithstanding any other provision of this section to the contrary, a person who may seek immunity or clemency pursuant to subsection (a) of this section and is charged with an offense not exempted by §16-47-4(a) of this code may enter a plea of guilty to an offense exempted by §16-47-4(a) of this code if the person, after consultation with his or her attorney, so desires.
2023 West Virginia Code › Chapter 16. Public Health › Article 48. West Virginia Able Act › §16-48-4. Implementation and Administration of Program; Treasurer S Powers and Responsibilities

(a) The Treasurer shall implement and administer the program under the terms and conditions established by this article. In order to implement and administer the program, the Treasurer may:
(1) Engage the services of consultants on a contract basis for rendering professional and technical assistance and advice;
(2) Seek rulings and other guidance from the secretary and the federal Internal Revenue Service relating to the program;
(3) Make changes to the program required for the participants in the program to obtain the federal income tax benefits or treatment provided by Section 529a of the federal Internal Revenue Code of 1986, as amended;
(4) Charge, impose, and collect administrative fees and service charges in connection with any agreement, contract, or transaction relating to the program;
(5) Develop marketing plans and promotion material;
(6) Establish the methods by which the funds held in accounts shall be dispersed;
(7) Establish the method by which funds shall be allocated to pay for administrative costs;
(8) Do all things necessary and proper to carry out the purposes of this act;
(9) Make an annual evaluation of the ABLE savings program and prepare and submit an annual report of such evaluation to the Governor and Legislature; and
(10) Notify the Secretary when an account has been opened for a designated beneficiary and submit other reports concerning the program required by the Secretary.
(b) The Treasurer may enter into agreements with other states to either allow West Virginia residents to participate in a plan operated by another state or to allow residents of other states to participate in the West Virginia ABLE program.
(c) The Treasurer shall propose rules for legislative approval in accordance with 29A-3-1
et seq
. of this code necessary to implement the provisions of this article.
2023 West Virginia Code › Chapter 16. Public Health › Article 48. West Virginia Able Act › §16-48-7. Limitation on Liability

(a) Nothing in this act creates any obligation of the Treasurer, the state or any agency or instrumentality of the state to guarantee for the benefit of any account owner or designated beneficiary with respect to the:
(1) Return of principal;
(2) Rate of interest or other return on any account; or
(3) Payment of interest or other return on any account.
(b) The Treasurer may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to provide that every contract, application or other similar document that may be used in connection with opening an account clearly indicates that the account is not insured by the state and that the principal deposited and the investment return are not guaranteed by the state.
2023 West Virginia Code › Chapter 16. Public Health › Article 48. West Virginia Able Act › §16-48-8. Establishment of Savings Program Trust Fund and Savings Expense Fund in State Treasury

(a) The West Virginia ABLE savings program trust fund is hereby established in the State Treasury. The fund shall be utilized if the Treasurer elects to accept deposits from contributors rather than have deposits sent directly to the program manager. Such fund shall consist of any moneys deposited by contributors in accordance with this article which are not deposited directly with the program manager. All interest derived from the deposit and investment of moneys in such savings trust fund shall be credited to the fund. At the end of any fiscal year, all unexpended and unencumbered moneys in such savings trust fund may not be credited or transferred to the State General Fund or to any other fund.
(b) (1) The West Virginia ABLE Savings Expense Fund is hereby established in the State Treasury. The fund shall consist of moneys received from the ABLE savings program manager, or any governmental or private grants and any state general fund appropriations, if any, for the program.
(2) All expenses incurred by the Treasurer in developing and administering the ABLE savings program shall be payable from the West Virginia ABLE Savings Expense Fund.
2023 West Virginia Code › Chapter 16. Public Health › Article 49. West Virginia Clearance for Access: Registry and Employment Screening Act › §16-49-2. Background Check Program for the Department, Covered Providers, and Covered Contractors

(a) The secretary shall create and implement a background check program to facilitate the processing and analysis of the criminal history and background of applicants to the department, covered providers, and covered contractors with direct access. This program shall be called the West Virginia Clearance for Access: Registry and Employment Screening.
(b) The purpose of the program is to protect West Virginias vulnerable populations by requiring registry and criminal background checks for all direct access personnel of the department, covered providers, and covered contractors.
(c) The program shall include:
(1) A centralized Internet-based system of registries to allow the department, covered providers, and covered contractors to perform a mandatory prescreening of applicants;
(2) Fingerprint-based state and federal criminal background checks on all direct access personnel; and
(3) An integrated Rap Back Program with the State Police to allow retention of fingerprints and updates of state and federal criminal information on all direct access personnel until such time as the individual is no longer employed or engaged by the department, the covered provider, or covered contractor.
(d) The department shall notify applicants subject to a criminal history record check that their fingerprints shall be retained by the State Police Criminal Identification Bureau and the Federal Bureau of Investigation.
2023 West Virginia Code › Chapter 16. Public Health › Article 49. West Virginia Clearance for Access: Registry and Employment Screening Act › §16-49-3. Prescreening and Criminal Background Checks

(a) Except as otherwise permitted in this article, the department, covered provider, or covered contractor may not employ or engage an applicant prior to completing the background check process.
(b) If the applicant has a negative finding on any required prescreening registry or database, the employer shall notify the individual of such finding.
(c) If the applicant has a negative finding on any required prescreening registry or database, that individual may not immediately be engaged by the department, covered provider, or covered contractor.
(d) If the applicant does not have a negative finding in the prescreening process, the applicant shall submit to fingerprinting for a state and federal criminal history record information check.
(e) The State Police shall notify the secretary of the results of the criminal history record information check.
(f) If the secretarys review of the criminal history record information reveals that the applicant does not have a disqualifying offense, the secretary shall provide written notice to the bureau, covered provider, or covered contractor that the individual may be engaged.
2023 West Virginia Code › Chapter 16. Public Health › Article 49. West Virginia Clearance for Access: Registry and Employment Screening Act › §16-49-4. Notice of Ineligibility; Prohibited Participation as Direct Access Personnel or Department Employee

(a) If the secretarys review of the applicants criminal history record information reveals a disqualifying offense, the secretary shall provide written notice to the bureau, covered provider, or covered contractor advising that the applicant is ineligible for work. The secretary may not disseminate the criminal history record information.
(b) The department, covered provider, or covered contractor may not engage an applicant with a disqualifying offense as direct access personnel. If the applicant has been provisionally employed pursuant to 16-49-6 of this code, the employer shall terminate the provisional employment upon receipt of the notice.
2023 West Virginia Code › Chapter 16. Public Health › Article 49. West Virginia Clearance for Access: Registry and Employment Screening Act › §16-49-5. Variance; Appeals

(a) If the secretary issues a notice of ineligibility, the applicant, or the employer on the applicants behalf, may file a written request for a variance with the secretary not later than 30 days after the date of the notice required by 16-49-3 or 16-49-4 of this code.
(b) The secretary may grant a variance if:
(1) Mitigating circumstances surrounding the negative finding or disqualifying offense is provided; and
(2) The secretary finds that the individual will not pose a danger or threat to residents, members and their property.
(c) The secretary shall establish in legislative rule factors that qualify as mitigating circumstances.
(d) The secretary shall mail to the applicant and the bureau, covered provider, or covered contractor a written decision within 60 days of receipt of the request indicating whether a variance has been granted or denied.
(e) If an applicant believes that their criminal history record information within this state is incorrect or incomplete, they may challenge the accuracy of such information by writing to the State Police for a personal review. However, if the discrepancies are at the charge or final disposition level, the applicant must address this with the court or arresting agency that submitted the record to the State Police.
(f) If an applicant believes that their criminal history record information outside this state is incorrect or incomplete, they may appeal the accuracy of such information by contacting the Federal Bureau of Investigation for instructions.
(g) If any changes, corrections, or updates are made in the criminal history record information, the State Police shall notify the secretary that the applicant has appealed the accuracy of the criminal history records and provide the secretary with the updated results of the criminal history record information check, which the secretary shall review de novo in accordance with the provisions of this article.
2023 West Virginia Code › Chapter 16. Public Health › Article 49. West Virginia Clearance for Access: Registry and Employment Screening Act › §16-49-6. Provisional Employment Pending Completion of Background Check

(a) The department, covered provider, or covered contractor may permit an applicant to work on a provisional basis for not more than 60 days pending notification from the secretary regarding the results of the criminal background check if:
(1) The applicant is subject to direct on-site supervision, as specified in rule by the secretary, during the course of the provisional period; and
(2) In a signed statement the applicant:
(A) Affirms that he or she has not committed a disqualifying offense;
(B) Acknowledges that a disqualifying offense reported in the required criminal history record information check shall constitute good cause for termination; and
(C) Acknowledges that the department, covered provider, or covered contractor may terminate the individual if a disqualifying offense is reported in the background check.
(b) Provisional employees who have requested a variance shall not be required to sign such a statement. The department, covered provider, or covered contractor may continue to employ an applicant if an applicant applies for a variance of his or her fitness determination until the variance is resolved.
2023 West Virginia Code › Chapter 16. Public Health › Article 49. West Virginia Clearance for Access: Registry and Employment Screening Act › §16-49-7. Clearance for Subsequent Employment

(a) An applicant is not required to submit to fingerprinting and a criminal background check if:
(1) The individual previously submitted to fingerprinting and a full criminal background check as required by this article;
(2) The prior criminal background check confirmed that the individual did not have a disqualifying offense or the individual received prior approval from the secretary to work for or with the same type of covered provider or covered contractor; and
(3) The Rap Back Program has not identified any criminal activity that constitutes a disqualifying offense.
(b) The secretary shall provide notice of prior clearance for direct access status upon request by a subsequent bureau, covered provider, or covered contractor inquiries.
2023 West Virginia Code › Chapter 16. Public Health › Article 49. West Virginia Clearance for Access: Registry and Employment Screening Act › §16-49-8. Fees

In order to enforce the requirements and intent of this article, the following fees may be charged:
(1) The State Police may assess a fee to the department, applicants, covered providers, or covered contractors for conducting the criminal background check and for collecting and retaining fingerprints for Rap Back as authorized under this article.
(2) The secretary may assess a fee to applicants, covered providers, or covered contractors for the maintenance of the Internet-based system required by this article. The assessment shall be deposited into a special revenue account within the State Treasurers office to be known as the DHHR Criminal Background Administration Account. Expenditures from the account shall be made by the secretary for purposes set forth in this article and are authorized from collections. The account shall be administered by the secretary and may not be deemed a part of the general revenue of the state.
2023 West Virginia Code › Chapter 16. Public Health › Article 49. West Virginia Clearance for Access: Registry and Employment Screening Act › §16-49-9. Rules; Penalties; Confidentiality; Immunity

(a) The secretary shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code to implement the provisions of this article. The secretary may promulgate emergency rules, if justified, pursuant to section fifteen, article three, chapter twenty-nine-a of this code as may be required.
(b) Failure of a covered provider or covered contractor to ensure proper completion of the background check process for each individual employed as direct access personnel may result in the imposition of monetary civil penalties. In addition, engaging individuals knowing that they are ineligible to work may subject the employer to monetary civil penalties.
(c) The secretary shall treat and maintain any criminal background search information obtained under this article as confidential. The secretary shall limit the use of records solely to the purposes authorized in this article. The criminal history record information in the custody of the secretary is not subject to subpoena, other than one issued in a criminal action or investigation; is confidential by law and privileged; and is not subject to discovery or admissible in evidence in any private civil action.
(d) The secretary, the department and its employees are immune from liability, civil or criminal, that might otherwise be incurred or imposed for good faith conduct in determining eligibility or granting variances permitted by this article.
2023 West Virginia Code › Chapter 16. Public Health › Article 50. Epinephrine Auto-Injector Availability and Use › §16-50-1. Definitions

As used in this article the term:
(1) "Administer" means to directly apply an epinephrine auto-injector to the body of an individual.
(2) "Authorized entity" means an entity or organization where allergens capable of causing a severe allergic reaction may be present.
(3) "Authorized health care practitioner" means an allopathic physician licensed to practice pursuant to the provisions of article three, chapter thirty of this code and an osteopathic physician licensed to practice pursuant to the provisions of article fourteen, chapter thirty of this code.
(4) "Department" means the Department of Health and Human Resources.
(5) "Epinephrine auto-injector" means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body.
(6) "Self-administration" means an individual's discretionary administration of an epinephrine auto-injector on herself or himself.