reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 16. Public Health › Article 5. Vital Statistics › §16-5-5. Powers and Duties of State Registrar

(a) The State Registrar shall:
(1) Administer and enforce the provisions of this article and the rules promulgated pursuant to this article, and issue instructions for the efficient administration of the system of vital statistics;
(2) Direct and supervise the system of vital statistics and the operation of the section of vital statistics, and act as custodian of its records;
(3) Direct, supervise, and control all activities pertaining to the operation of the system of vital statistics;
(4) Conduct training programs to promote uniformity of policy and procedures throughout the state in matters pertaining to the system of vital statistics;
(5) Prescribe, furnish, and distribute forms required by this article and the rules promulgated pursuant to this article, and prescribe means for transmission of data to accomplish the purpose of complete and accurate reporting and registration;
(6) Prepare and publish annual reports of vital statistics of this state, and other reports required by the commissioner;
(7) Provide to local health agencies copies of or data derived from certificates and reports required under this article as the state Registrar may determine are necessary for local health planning and program activities: Provided, That the copies and data remain the property of the section of vital statistics, and the uses that may be made of them are governed by the state Registrar; and
(8) Offer voluntary paternity establishment services in accordance with federal regulations set forth in 45 CFR 303.5(g).
(b) The State Registrar may:
(1) Designate individuals in the state as meet the requirements provided by rule to aid in the efficient administration of the system of vital statistics;
(2) Delegate functions and duties to employees of the section of vital statistics and to individuals designated under subdivision (1) of this subsection;
(3) Investigate, personally or by a duly delegated representative, cases of irregularity or violation of law arising under the provisions of this article;
(4) Report cases of violation of any of the provisions of this article to the prosecuting attorney of the county, with a statement of the facts and circumstances. The prosecuting attorney may prosecute the person or corporation responsible for the alleged violation of law. Upon request of the state Registrar, the Attorney General shall assist in the enforcement of the provisions of this article.
2023 West Virginia Code › Chapter 16. Public Health › Article 5. Vital Statistics › §16-5-7. Appointment and Removal of Local Registrars and Deputy Local Registrars

(a) The State Registrar may appoint one or more local registrars and deputy local registrars, and may assign them to one or more registration districts.
(b) The State Registrar may remove a local registrar or a deputy local registrar for reasonable cause.
2023 West Virginia Code › Chapter 16. Public Health › Article 5. Vital Statistics › §16-5-8. Duties of Local Registrars and Deputy Local Registrars

(a) A local registrar shall:
(1) Administer and enforce the provisions of this article and the rules promulgated pursuant to this article, according to the instructions of the state Registrar;
(2) Require that certificates be completed and filed in accordance with provisions of this article and the rules promulgated pursuant to this article;
(3) Transmit, by mail or an approved electronic process, all certificates, reports or other returns to the state Registrar on a schedule to be determined by the state Registrar;
(4) Maintain records, make reports and perform other duties as required by the state Registrar.
(b) A deputy local registrar shall perform the duties of the local registrar in the absence or incapacity of the local registrar, and shall perform other duties as prescribed by the state Registrar.
2023 West Virginia Code › Chapter 16. Public Health › Article 5. Vital Statistics › §16-5-9. Content of Certificates and Reports

(a) To promote uniformity in the system of vital statistics, in addition to the items required by state law, the forms of certificates, reports and other returns required by this article or by rules promulgated pursuant to this article shall include the items recommended by the federal agency responsible for national vital statistics, subject to the commissioner's approval or modification.
(b) The State Registrar shall approve the form and format for each certificate, report, and other documents required by this article.
(c) All vital records shall contain the date of filing.
(d) Information required in certificates, forms, records, or reports authorized by this article may be filed, verified, registered and stored by photographic, electronic, or other means as prescribed by the state Registrar.
2023 West Virginia Code › Chapter 16. Public Health › Article 5. Vital Statistics › §16-5-11. Registration of Infants and Minors Born With Specified Birth Defects

(a) When a live birth occurs, the physician or midwife in attendance at, or present immediately after, the birth shall examine the infant for any of the following birth defects:
(1) Anencephaly;
(2) Spina bifida;
(3) Hydrocephaly;
(4) Cleft palate;
(5) Total cleft lip;
(6) Esophageal atresia and atenosis;
(7) Rectal and anal atresia;
(8) Hypospadias;
(9) Reduction and deformity - upper limb;
(10) Reduction and deformity - lower limb;
(11) Congenital dislocation of the hip;
(12) Down's syndrome;
(13) Visual impairments;
(14) Sickle cell anemia; and
(15) Others as may be requested by the commissioner.
(b) If any such impairment is found in an infant, or in any subsequent examination of any minor which has not been previously diagnosed, the examining physician, midwife or other health care provider licensed under chapter thirty of the code shall within thirty days of the examination make a report of the diagnosis to the state Registrar or other agency within the bureau as designated by the commissioner on forms provided by the bureau. The report shall include the name of the child, the name or names of the parents or parent or guardian, a description of the impairment and other related information as specified by the commissioner.
(c) The information received by the state Registrar or other agency within the bureau as designated by the commissioner pursuant to this section pertaining to the identity of the persons named shall be kept confidential: Provided, That if consent of a parent, or of the guardian is obtained, the state Registrar or other agency within the bureau as designated by the commissioner may provide the information to federal, state, and local government agencies so that the information can be utilized to provide assistance or services for the benefit of the child.
2023 West Virginia Code › Chapter 16. Public Health › Article 5. Vital Statistics › §16-5-12. Notation on Birth Records of Missing Children

(a) Upon receiving a report of the disappearance of any child born in this state, the state Registrar shall indicate in a clear and conspicuous manner in the child's birth record or by an electronic process that the child has been reported as missing, including the title and location of the law-enforcement agency providing the report.
(b) Upon receiving a request for any birth records containing a report of the disappearance of any child, the state Registrar shall immediately notify the local law-enforcement agency which provided the missing child report. The State Registrar shall transmit any relevant information concerning the applicant's identity, address and other pertinent data immediately to the relevant local law-enforcement agency.
(c) The State Registrar shall retain the original written request, or the details in an electronic format, until notified of the missing child's recovery or the child attains the age of eighteen.
(d) Upon notification that any missing child has been recovered, the state Registrar shall remove the report of the disappearance from the child's birth record.
2023 West Virginia Code › Chapter 16. Public Health › Article 5. Vital Statistics › §16-5-13. Registration of Infants of Unknown Parentage

(a) Whoever assumes the custody of a live-born infant of unknown parentage shall report, to the state Registrar, on a form and in a manner prescribed by the state Registrar, the following information:
(1) The date and city or county, or both, of finding;
(2) Sex and approximate birth date of child;
(3) Name and address of the person with whom or the institution with which the child has been placed for care;
(4) Name given to the child by the custodian of the child; and
(5) Other data required by the state Registrar.
(b) The place where the child was found shall be entered as the place of birth.
(c) A report registered under this section shall constitute the certificate of birth for the child.
(d) If the child is identified and a certificate of birth is found or obtained, the report registered under this section shall be placed in a special file and may not be subject to inspection except upon order of a court of competent jurisdiction or as provided by rule.
2023 West Virginia Code › Chapter 16. Public Health › Article 5. Vital Statistics › §16-5-14. Delayed Registration of Births

(a) The State Registrar may register a delayed certificate of birth in accordance with a legislative rule to be promulgated by the department, which rule will provide for qualifications for applicants and the evidentiary documentation required. The rule may provide for the dismissal of an application which is not actively pursued.
(b) When a certificate of birth of a person born in West Virginia has not been filed within one year, a delayed certificate of birth may be filed in accordance with the legislative rule.
(c) A certificate of birth registered one year or more after the date of birth shall be registered on a delayed certificate of birth form. The delayed certificate of birth will show on its face the date of registration and will contain a summary statement of the evidentiary documentation submitted in support of the delayed registration.
(d) A delayed certificate of birth may not be registered for a deceased person.
(e) If the evidentiary documentation required is not filed with the application for a delayed registration of birth or the state Registrar has cause to question the validity or adequacy of the evidentiary documentation, the state Registrar may not register the delayed certificate of birth and shall advise the applicant of his or her right to seek an order from a court of competent jurisdiction.
(f) In addition to the required documentation and other data furnished in an application for a delayed registration of birth in accordance with the provisions of this section, a person whose name is to appear on the certificate of birth as a parent shall contemporaneously furnish with the application the social security number or numbers issued to the parent.
2023 West Virginia Code › Chapter 16. Public Health › Article 5. Vital Statistics › §16-5-17. Court Reports of Determination of Paternity

(a) When a court of competent jurisdiction has entered an order of paternity, the petitioner shall provide the information necessary for the clerk of the court to complete and certify a certificate of paternity on a form prescribed and furnished by the state Registrar. The certificate of paternity shall provide:
(1) Facts necessary to locate and identify the certificate of birth of the person whose paternity is determined;
(2) Information necessary to establish a new certificate of birth of the person whose paternity is determined; and
(3) Information sufficient to identify the order of paternity.
(b) Not later than the tenth day of each calendar month, the clerk of the court shall forward to the state Registrar certificates of paternity entered in the preceding month, together with related reports as the state Registrar shall require.
(c) In addition to providing the information necessary to establish a new certificate of birth of the person whose paternity has been determined, a person whose name is to appear on the certificate of paternity as a parent shall furnish to the clerk of the circuit court the social security number or numbers issued to the parent. A record of the social security number or numbers shall be forwarded to the state Registrar along with the certificate of paternity, as provided in subsection (b) of this section.
2023 West Virginia Code › Chapter 16. Public Health › Article 5. Vital Statistics › §16-5-20. Delayed Registration of Death

(a) When a death occurring in this state has not been registered within the time period described by section nineteen of this article, a certificate of death may be filed subject to evidentiary documentation and other requirements as prescribed by legislative rule.
(b) If the required evidentiary documentation is not filed with the application for a delayed registration of death or the state Registrar has cause to question the validity or adequacy of the evidentiary documentation, the state Registrar may not register the delayed certificate of death and shall advise the applicant of his or her right to seek an order from a court of competent jurisdiction.
(c) A certificate of death registered one year or more after the date of death shall be marked "Delayed" and shall show on its face the date of the delayed registration.
2023 West Virginia Code › Chapter 16. Public Health › Article 5. Vital Statistics › §16-5-21. Reports of Fetal Death

(a) Each fetal death of three hundred fifty grams or more, and if weight is unknown, of twenty completed weeks of gestation or more, calculated from the date the last normal menstrual period began to the date of delivery, which occurs in this state, shall be reported within five days after delivery to the section of vital statistics or as otherwise directed by the state Registrar.
(1) When a fetal death occurs, the person in charge of the institution or his or her designated representative shall prepare and file the report. In obtaining the information required by the report, all institutions shall use information gathering procedures, including worksheets, provided or approved by the state Registrar.
(2) When a fetal death occurs, the physician in attendance at or immediately after delivery shall prepare and file the report.
(3) When inquiry is required pursuant to article twelve, chapter sixty-one, or other applicable provisions of this code, the state Medical Examiner or designee or county medical examiner or county coroner shall investigate the cause of fetal death and shall prepare and file the report within five days. If after investigation, the state Medical Examiner or designee or county medical examiner or county coroner decline jurisdiction, the person declining jurisdiction may direct the local health officer to investigate the cause of fetal death and prepare and file the report.
(4) When a fetal death occurs in a moving conveyance and the fetus is first removed from the conveyance in this state, the place where the fetus was first removed from the conveyance will be considered the place of fetal death.
(b) When a fetus is found in this state and the place of death is unknown, the fetal death shall be recorded in this state, and the place where the fetus was found will be considered the place of fetal death.
2023 West Virginia Code › Chapter 16. Public Health › Article 5. Vital Statistics › §16-5-21a. Noah's Law; Certificate of Birth for a Stillbirth; and Contents of Certificate

(a) This section of the code shall be known as "Noah's Law".
(b) For the purposes of this section, the term "stillbirth" or "stillborn" means an unintended intrauterine fetal death occurring in this state.
(c) Following a report of fetal death as required by section twenty-one of this article, either the mother or father of a stillborn child may request that a certificate of birth resulting in stillbirth be issued by the State Registrar. Only the mother of the child may request a certificate if:
(1) The child has not been legitimized;
(2) A court has not determined the paternity of the child;
(3) If no father has been identified; or
(4) If the child was conceived as a result of a sexual assault as defined in article eight-b, chapter sixty-one of this code.
(d) The State Registrar may charge a fee for the issuance of the certificate. The fee shall be the same as the fee for a death certificate issued by the State Registrar.
(e) The certificate shall include, but is not limited to:
(1) The name of the stillborn child;
(2) The date of delivery;
(3) The county of delivery;
(4) The mother's name and birthplace;
(5) The father's name and birthplace; and
(6) The statement: "This certificate is not proof of live birth."
(f) The certificate does not affect the registration, filing or record requirements of this article, nor does the issuance of the certificate impose upon a coroner or medical examiner any additional duties to conduct an investigation.
2023 West Virginia Code › Chapter 16. Public Health › Article 5. Vital Statistics › §16-5-22. Reports of Abortions

(a) Each abortion, as defined in 16-2R-2 of this code, which occurs in this state, shall be reported to the section of vital registration no later than the 10th day of the month following the month the procedure was performed by the person in charge of the hospital in which the abortion was performed. The State Registrar shall prepare a form or provide a suitable electronic process for the transmission of the reports from the institution or physician to the section of vital registration. Information to be collected shall include:
(1) The gestational age of the fetus;
(2) The state and county of residence of the patient;
(3) The age of the patient;
(4) The type of medical or surgical procedure performed;
(5) The method of payment for the procedure;
(6) Whether birth defects were known, and if so, what birth defects;
(7) The date the abortion was performed;
(8) The exception contained in 16-2R-3 of this code under which the abortion was performed; and
(9) Related information as required by the commissioner, other applicable sections of this code, or by the legislative rule:
Provided
, That:
(A) No personal identifiers, including, but not limited to, name, street address, city, zip code, or social security number, will be collected; and
(B) Individual records may only be released for research purposes as approved by the state Registrar and may be released in a format designed to further protect the confidentiality of the woman as the state Registrar deems necessary.
(b) An analysis of the compiled information relating to induced terminations of pregnancy shall be included in the annual report of vital statistics.
(c) An electronic report of the compiled information under this section shall be provided to the licensing boards of the licensed medical professionals, as defined in 16-2R-2 of this code, and the Legislative Oversight Commission on Health and Human Resources Accountability on a quarterly basis.
(d) The provisions of this section do not apply to an termination of an ectopic pregnancy.
2023 West Virginia Code › Chapter 16. Public Health › Article 5. Vital Statistics › §16-5-24. Extension of Time for Filing Certificates, Reports and Authorizations

(a) The department shall, by legislative rule, provide for the extension of the time periods prescribed in sections nineteen, twenty-one, twenty-two and twenty-three of this article for the filing of certificates of death, reports of fetal death, reports of induced termination of pregnancy, medical certifications of the cause of death, and for obtaining authorization for disposition, in cases in which compliance with the applicable prescribed period would result in undue hardship.
(b) The legislative rules shall provide for the authorization for disposition under section twenty-three of this article prior to the filing of a certificate of death in circumstances in which compliance with the requirement that the certificate be filed prior to the issuance of the permit would result in undue hardship.
2023 West Virginia Code › Chapter 16. Public Health › Article 5. Vital Statistics › §16-5-25. Correction and Amendment of Vital Records

(a) In order to protect the integrity and accuracy of vital records, a certificate or report registered under this article may be amended only in accordance with the provisions of this article or legislative rule.
(b) A certificate or report that is amended under this section must indicate that it has been amended, except as otherwise provided in this section or by legislative rule: Provided, That the department shall prescribe by legislative rule the conditions under which additions or corrections of minor deficiencies, including, but not limited to, the omission or misspelling of a first name, may be made to certificates or records within one year of the event without the certificate indicating that it has been amended.
(c) The State Registrar shall maintain a record which identifies the evidence upon which the amendment was based, the date of amendment, and the identity of the person making the amendment.
(d) Upon receipt of a certified copy of a court order of a court of competent jurisdiction changing the name of a person born in this state, and upon request of the person whose name is to be changed or his or her parent, guardian or legal representative, the state Registrar shall amend the certificate of birth to reflect the new name.
(e) If the required evidentiary documentation is not filed with the application for amending a vital record or the state Registrar has cause to question the validity or adequacy of the evidentiary documentation, the state Registrar may not amend the vital record and shall advise the applicant of his or her right to seek an order from a court of competent jurisdiction.
(f) When the state Registrar amends a certificate or report, he or she shall report the amendment to any other custodian of the vital record.
(g) When an amendment is made to a certificate of marriage or record of divorce or annulment, the local official issuing the marriage license or the court ordering the divorce or annulment shall forward copies of the amendment to the state Registrar.
(h) In addition to providing the information necessary to amend a certificate or record, a person whose name is to appear on the amended certificate as a parent shall furnish the social security number or numbers, issued to the parent, which must be forwarded to the state Registrar along with the information required for the amended certificate.
2023 West Virginia Code › Chapter 16. Public Health › Article 5. Vital Statistics › §16-5-26. Reproduction and Preservation of Records

To preserve vital records and other original documents, the state Registrar is authorized to prepare typewritten, photographic, electronic, or other reproductions of certificates or reports and files in the section of vital statistics. When verified and approved by the state Registrar, the reproductions shall be accepted as the original records, and the documents from which permanent reproductions have been made may be disposed of as provided by legislative rule or other provisions of state law.
2023 West Virginia Code › Chapter 16. Public Health › Article 5. Vital Statistics › §16-5-29. Fees for Copies and Searches

(a) The commissioner shall prescribe the fees to be charged and collected by the state Registrar for certified copies of certificates or records, not to exceed $10 per copy, or for a search of the files or records when no copy is made: Provided, That the fee may be increased to a maximum of $12 per copy, at the discretion of the commissioner, after July 1, 2008.
(b) The commissioner may prescribe additional fees for the priority production or express delivery of certified copies.
(c) The State Registrar may furnish certified copies of birth and death records to state agencies and to organized charities free of charge when the certificates are needed in presenting claims to the federal government or to a state for public assistance. The State Registrar will keep a record of all certificates furnished pursuant to this subsection.
(d) Subject to the provisions set forth in section two, article two, chapter twelve of this code, there is hereby continued in the state Treasury a separate account which shall be designated "the vital statistics account."
(e) After July 1, 2006, and subject to the provisions set forth in section two, article two, chapter twelve of this code, there is established in the state Treasury a separate account which shall be designated "the vital statistics improvement fund." Funds deposited in this account will be used to modernize and automate the system of vital statistics in this state and may not be used to supplant existing funding necessary for the daily operation of the system of vital statistics. Funds in this account will be retained in a nonlapsing fund for the improvement of the system of vital statistics.
(f) The commissioner shall deposit $1 received under the provisions of this section for each certified copy to the "vital statistics improvement fund" and shall deposit $4 received under the provisions of this section for each certified copy to the General Revenue Fund account. The commissioner shall deposit the remainder of all fees received under the provisions of this section for certified copies and for priority production and express delivery to the vital statistics account.
(g) The commissioner is authorized to expend the moneys deposited in the vital statistics account in accordance with the laws of this state as necessary to implement this article. The Legislature shall appropriate all moneys in the vital statistics account as part of the annual state budget.
(h) The commissioner shall make an annual report to the Legislature on the vital statistics account, including the previous fiscal year's expenditures and projected expenditures for the next fiscal year.
2023 West Virginia Code › Chapter 16. Public Health › Article 5. Vital Statistics › §16-5-30. Persons Required to Keep Records

(a) Every person in charge of an institution as defined in this article shall keep a record of personal data concerning each person admitted or confined to the institution. The record must include information required for the certificates of birth and death and the reports of fetal death required by this article. The record shall be made at the time of admission from information provided by the person being admitted or confined, but when it cannot be so obtained, the information will be obtained from relatives or other persons acquainted with the facts. The name and address of the person providing the information will be included in the record.
(b) When a dead body or fetus is released or disposed of by an institution, the person in charge of the institution shall keep a record showing the name of the decedent, date of death, name and address of the person to whom the body or fetus is released, and date of removal from the institution. If final disposition is made by the institution, the date, place and manner of disposition will be recorded.
(c) A funeral director, embalmer, sexton or other person who removes from the place of death or transports or makes final disposition of a dead body or fetus, in addition to filing any certificate or other report required by this article or legislative rule, shall keep a record which identifies the body, and information as required by legislative rule pertaining to the receipt, removal, delivery, and burial or cremation of the body.
(d) Records maintained under this section must be retained for at least three years and must be made available for inspection by the state Registrar or his or her representative upon request.
2023 West Virginia Code › Chapter 16. Public Health › Article 5. Vital Statistics › §16-5-31. Duty to Furnish Information Relative to Vital Events

(a) Any person or institution required under this article to collect and maintain information regarding any birth, death, fetal death, marriage, or divorce or annulment, shall furnish the information to the state Registrar upon request.
(b) Any person or institution that in good faith provides information required by this article or legislative rules shall not be subject to criminal prosecution or any action for damages.
(c) Not later than the tenth day of the month following the month of occurrence, the administrator of each institution shall send to the section of vital statistics a list showing all births, deaths and fetal deaths occurring in that institution during the preceding month, on forms provided or approved by the state Registrar.
(d) Not later than the tenth day of the month following the month of occurrence, each funeral director shall send to the section of vital statistics a list showing all dead bodies embalmed or otherwise prepared for final disposition, or dead bodies finally disposed of, by the funeral director during the preceding month, on forms provided or approved by the state Registrar.
2023 West Virginia Code › Chapter 16. Public Health › Article 5. Vital Statistics › §16-5-32. Matching of Birth and Death Certificates

To protect the integrity of vital records and to prevent the fraudulent use of certificates of birth of deceased persons, the state Registrar is authorized to match certificates of birth and death, in accordance with legislative rule which requires that the fact of death and the matching identities be determined with reasonable certainty and to post the fact of death to the appropriate birth certificate. Copies issued from certificates of birth marked deceased shall be similarly marked.
2023 West Virginia Code › Chapter 16. Public Health › Article 5. Vital Statistics › §16-5-33. Limitation on Use of Social Security Numbers

(a) A social security number obtained in the filing of a certificate of live birth, an application for a delayed registration of birth, a judicial order establishing a record of birth, an order of adoption, an affidavit of paternity or a judicial order establishing paternity, or any other record may not be transmitted to the clerk of the county commission.
(b) No social security number may appear upon the public record of the index of births or upon any certificate of birth registration issued by the state Registrar, local registrar, county clerk or any other issuing authority.
(c) The State Registrar may make social security numbers available to the Bureau for Child Support Enforcement upon its request, to be used solely in connection with the enforcement of child support orders.
(d) The section of vital statistics may utilize social security numbers in accordance with legislative rules of the department, as allowed by or to meet the requirements of federal regulations.
2023 West Virginia Code › Chapter 16. Public Health › Article 5. Vital Statistics › §16-5-34. Uniform System of Registration of Marriage, Divorce and Annulment of Marriage

(a) To encourage an efficient and uniform system of registration of marriage, divorce and annulment of marriage may be established in this state, the state Registrar shall provide for the registration of each marriage, divorce and annulment of marriage which occurs in this state.
(b) The commissioner may, subject to legislative rule:
(1) Install a statewide system of registering, indexing, and preserving records of marriage, divorce and annulment of marriage;
(2) Give instructions, and prescribe and furnish forms, for collecting, transcribing, compiling and preserving records and statistics of marriage, divorce and annulment of marriage; and
(3) Make and publish a statistical report of marriage, divorce and annulment of marriage in this state.
2023 West Virginia Code › Chapter 16. Public Health › Article 5. Vital Statistics › §16-5-35. Registration of Marriages

(a) On or before the tenth day of each month, the county clerk of each county shall forward to the state Registrar a report of all marriage records made by him or her during the previous month, on a form prescribed or furnished by the state Registrar.
(b) The State Registrar shall preserve and index all records received under the provisions of this section and shall upon request issue a certified copy of the records, which shall be prima facie evidence of the facts stated in the certified copies in all courts in this state.
2023 West Virginia Code › Chapter 16. Public Health › Article 5. Vital Statistics › §16-5-36. Registration of Divorces and Annulments of Marriages

(a) On and after July 1, 2006, a record of each divorce or annulment ordered by any court of competent jurisdiction in this state shall be filed by the clerk of the court with the section of vital statistics, and shall be registered if it has been completed and filed in accordance with this section. The record shall be prepared by the petitioner or his or her legal representative in the form prescribed or furnished by the state Registrar and shall be presented to the clerk of the court with the petition.
(b) The clerk of the court shall complete and certify each record. On or before the tenth day of each calendar month, the clerk shall forward to the section of vital statistics the records of each divorce or annulment order entered during the preceding calendar month.
(c) Failure of the clerk of the court to comply with the provisions of this section does not affect the validity of any order of divorce or annulment of marriage.
(d) The State Registrar shall preserve and index all records received under provisions of this section and shall upon request issue certified copies of the records, which shall be prima facie evidence of the facts stated in the certified copies in all courts in this state.
2023 West Virginia Code › Chapter 16. Public Health › Article 5. Vital Statistics › §16-5-37. Applicability to Previously Received Certificates and Reports

The provisions of this article apply to all certificates of birth, death, marriage and divorce or annulment, reports of fetal death and induced terminations of pregnancy previously received by the section of vital statistics and in the custody of the state Registrar or any other custodian of vital records.
2023 West Virginia Code › Chapter 16. Public Health › Article 5. Vital Statistics › §16-5-38. Penalties

(a) For acts which occur on or after the effective date of this section, a person shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $10,000 or imprisoned in a state correctional facility not more than five years, or both fined and imprisoned, if he or she:
(1) Willfully and knowingly makes any false statement in a report, record or certificate required to be filed under this article, or in an application for an amendment thereof, or willfully and knowingly supplies false information intending that the information be used in the preparation of any report, record or certificate, or amendment thereof, or in an application for a certified copy of a vital record required by this article; or
(2) Without lawful authority and with the intent to deceive, makes, counterfeits, alters, amends or mutilates any record, report, or certificate required by this article, or any certified copy of the record, report or certificate; or
(3) Willfully and knowingly obtains, possesses, uses, sells, furnishes or attempts to obtain, possess, use, sell or furnish to another, for any purpose of deception, any certificate, record, report, or certified copy required by this article, which was made, counterfeited, altered, amended, or mutilated, or that is false, in whole or in part, or that relates to the birth of another person, whether living or deceased; or
(4) Is an employee of the section of vital statistics or of any office of any custodian of vital records, and willfully and knowingly furnishes or processes a certificate of birth, or certified copy of a certificate of birth, with the knowledge or intention that it be used for the purposes of deception; or
(5) Without lawful authority, possesses any certificate, record or report required by this article or a copy or a certified copy of the certificate, record or report knowing it to have been stolen or otherwise unlawfully obtained.
(b) A person shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, or confined in jail not more than one year, or both fined and confined, if he or she:
(1) Willfully and knowingly transports or accepts for transportation, interment or other disposition a dead body without an accompanying permit as provided in this article;
(2) Willfully and knowingly refuses to provide information required by this article or legislative rules adopted pursuant to this article; or
(3) Willfully and knowingly violates any of the provisions of this article or refuses to perform any of the duties imposed upon him or her by this article.
2023 West Virginia Code › Chapter 16. Public Health › Article 5A. Cancer Control › §16-5A-1. Cancer Control

The director of the state department of health shall execute and administer the provisions of this article relating to the diagnosis, treatment and care of persons suffering from cancer. The director shall have authority to direct, control, govern and provide for the management of any state institution for the care and treatment of cancer patients which may hereafter be created by law.
2023 West Virginia Code › Chapter 16. Public Health › Article 5A. Cancer Control › §16-5A-2. Educational Program

The director shall formulate and put into effect throughout the state an educational program for the purpose of preventing cancer and of aiding in its early diagnosis, and for the purpose of giving information to hospitals and cancer patients concerning the proper treatment. In furtherance of this program, the director may assist and cooperate with any state or national organization conducting an educational program for the prevention of cancer.
2023 West Virginia Code › Chapter 16. Public Health › Article 5A. Cancer Control › §16-5A-3. Establishment of Clinics

The director shall have authority to prescribe standard minimum requirements for the organization, equipment and conduct of cancer units or clinics in general hospitals of the state. The director shall establish and maintain, or aid in the establishment and maintenance of, a sufficient number of cancer diagnostic and treatment clinics meeting such requirements, so located that they are within reasonable traveling distance of any citizen of the state in need of treatment. In the establishment and operation of such clinics and in the fixing of such minimum requirements, the director shall consult and cooperate with the West Virginia state medical association.
In order to determine the progress of the disease and the success of the treatment being used, the director shall insofar as practicable provide a method for following up each case and bringing the patient back to the clinic at frequent intervals.
2023 West Virginia Code › Chapter 16. Public Health › Article 5A. Cancer Control › §16-5A-5. Care of Needy Patients

The board of health shall prescribe rules and regulations specifying to what extent and on what terms and conditions needy cancer patients may receive financial aid for the diagnosis and treatment of cancer in any approved hospital in this state. The director is authorized to furnish aid, within the limits of available funds, to such patients and shall have the power to administer such aid in any manner which in his judgment will afford the greatest benefit to cancer patients throughout the state.
In determining whether a particular patient is entitled to such assistance the director may call upon the department of welfare for such investigation as may be required. In order to receive such aid, however, the patient need not qualify for public assistance as administered by the department of welfare.
2023 West Virginia Code › Chapter 16. Public Health › Article 5B. Hospitals and Similar Institutions › §16-5B-2. Hospitals and Institutions to Obtain License; Qualifications of Applicant

No person, partnership, association, corporation or any local governmental unit or any division, department, board or agency thereof may continue to operate an existing ambulatory health care facility, ambulatory surgical facility, hospital or extended care facility operated in connection with a hospital, or open an ambulatory health care facility, ambulatory surgical facility, a hospital or extended care facility operated in connection with a hospital, unless such operation shall have been approved and regularly licensed by the state as hereinafter provided. Licenses shall be issued for a particular number by type of beds and/or type of services. Any change in the number by type of bed and/or type of services shall require the issuance of a new license.
Before a license shall be issued under this article, the person applying, if an individual, shall submit evidence satisfactory to the state department of health that he is not less than eighteen years of age, of reputable and responsible character and otherwise qualified. In the event the applicant is an association, corporation or governmental unit, like evidence shall be submitted as to the members thereof and the persons in charge.
Every applicant shall, in addition, submit satisfactory evidence of his ability to comply with the minimum standards and with all rules and regulations lawfully promulgated. Every applicant shall further submit satisfactory evidence that he has implemented the paternity program created pursuant to section thirteen of this article.
2023 West Virginia Code › Chapter 16. Public Health › Article 5B. Hospitals and Similar Institutions › §16-5B-3. Application for License

Any person, partnership, association, or corporation, or any local governmental unit or any division, department, board or agency thereof desiring a license hereunder shall file with the state department of health a verified application stating the name of the applicant, and if the applicant is an individual, his age; the type of institution to be operated; the location thereof; the name of the person in charge thereof; and such other information as the state department of health may require. An application on behalf of a corporation, association or governmental unit shall be made by any two officers thereof or by its managing agents and shall contain like information. The application shall be on a form prescribed, prepared and furnished by the state department of health.
2023 West Virginia Code › Chapter 16. Public Health › Article 5B. Hospitals and Similar Institutions › §16-5B-4. License Fees

The application of any person, partnership, association, corporation, or local government unit for a license to operate a hospital or extended care facility operated in connection with a hospital, shall be accompanied by a fee to be determined by the number of beds available for patients, according to the following schedule of fees: Those with five beds but less than fifty beds shall pay a fee of $500; those with fifty beds or more and less than one hundred beds shall pay a fee of $750; those with one hundred beds or more and less than two hundred beds shall pay a fee of $1,000; and those with two hundred beds or more shall pay a fee of $1,250. The director may annually adjust the licensure fees for inflation based upon the consumer price index. The application of any person, partnership, association, corporation, or local governmental unit for a license to operate an ambulatory health care facility or ambulatory surgical facility shall be accompanied by a reasonable fee to be determined by the director, based on the number of patients served by the facility. No such fee shall be refunded. All licenses issued under this article shall expire on June 30 following their issuance, shall be on a form prescribed by the state department of health, shall not be described in the application, shall be posted in a conspicuous place on the licensed premises, and may be renewed from year to year upon application, investigation and payment of the license fee, as in the case of the procurement of an original license: Provided, That any such license in effect on June 30 of any year, for which timely application for renewal, together with payment of the proper fee, has been made to the state department of health in conformance with the provisions of this article and the rules and regulations issued thereunder, and prior to the expiration date of such license, shall continue in effect until (a) June 30 next following the expiration date of such license, or (b) the date of the revocation or suspension of such license pursuant to the provisions of this article, or (c) the date of issuance of a new license, whichever date first occurs: Provided, however, That in the case of the transfer of ownership of a facility with an unexpired license, the application of the new owner for a license shall have the effect of a license for a period of three months when filed with the director. All fees received by the state department of health under the provisions of this article shall be deposited in accordance with section thirteen, article one of this chapter.
2023 West Virginia Code › Chapter 16. Public Health › Article 5B. Hospitals and Similar Institutions › §16-5B-5. Inspection

Every building, institution or establishment for which a license has been issued shall be inspected periodically by a duly appointed representative of the state department of health under rules and regulations to be promulgated by the department. Inspection reports shall be prepared on forms prescribed by the state department of health. Institutions licensed hereunder shall in no way be exempt from being inspected or licensed under the laws of this state relative to hotels, restaurants, lodginghouses, boardinghouses and places of refreshment.
2023 West Virginia Code › Chapter 16. Public Health › Article 5B. Hospitals and Similar Institutions › §16-5B-5a. Accreditation Reports Accepted for Periodic License Inspections

Notwithstanding any other provision of this article, a periodic license inspection shall not be conducted by the Department of Health and Human Resources for a hospital if the hospital has applied for and received an exemption from that requirement:
Provided,
That no exemption granted diminishes the right of the Department of Health and Human Resources to conduct complaint inspections.
The Department of Health and Human Resources shall grant an exemption from a periodic license inspection during the year following accreditation if a hospital applies by submitting evidence of its accreditation by the Joint Commission on Accreditation of Health Care Organizations or the American Osteopathic Association, or any accrediting organization approved by the Centers for Medicare and Medicaid Services, and submits a complete copy of the accrediting organizations accreditation report.
If the accreditation of a hospital is for a period longer than one year, the Department of Health and Human Resources may conduct at least one license inspection of the hospital after the first year of accreditation and before the accreditation has expired and may conduct additional license inspections if needed. Hospitals receiving a three-year accreditation shall conduct annual self-evaluations using the current year accreditation manual for hospitals unless the Department of Health and Human Resources informs the hospital that the hospital will be inspected by the Department of Health and Human Resources. Hospitals are not required to conduct self-evaluations for any calendar year during which they are inspected by the Department of Health and Human Resources. These self-evaluations shall be completed and placed on file in the hospital by March 31 of each year. Hospitals shall make the results of the self-evaluation available to the Department of Health and Human Resources if requested.
Accreditation reports filed with the Department of Health and Human Resources shall be treated as confidential in accordance with 16-5B-10 of this code.