reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 16. Public Health › Article 5E. Registration and Inspection of Service Providers in Legally Unlicensed Health Care Homes › §16-5E-1a. Powers, Rights and Duties of the Director

In the administration of this article, the director shall have the following powers, duties and rights:
(a) To promulgate and enforce rules governing complaint investigations within the homes of legally unlicensed health care providers registered under this article. Such rules shall include the minimum health, safety and welfare standards in the following areas:
(1) Physical environment;
(2) Nutrition;
(3) Requirements related to limited and intermittent nursing care;
(4) Medication administration;
(5) Protective and personal services to be provided;
(6) Treatment;
(7) Visitation privileges governing access to a resident by immediate family or other relatives of the resident and by other persons who are visiting with the consent of the resident;
(8) Such other categories as the director determines to be appropriate to ensure residents' health, safety and welfare.
(b) To exercise as sole authority all powers relating to issuance, suspension and revocation of registration of legally unlicensed homes providing health care;
(c) To issue directed plans of correction for deficiencies identified during complaint investigations;
(d) To order closure of any home for failure to comply with a directed plan of corrections;
(e) To take all actions required under the provisions of sections three, four, five and six of this article; and
(f) To deny registration to any operator of a legally unlicensed home who is listed on the state abuse registry.
2023 West Virginia Code › Chapter 16. Public Health › Article 5E. Registration and Inspection of Service Providers in Legally Unlicensed Health Care Homes › §16-5E-3. Registration of Service Providers Required; Form of Registration; Information to Be Provided

(a) Service providers shall register with the director. No fee may be charged for registration. Registration information shall be provided on a registration form or may be verbally communicated to the director for placement by the director on the form, but no provision of information may be deemed to meet the registration requirement until the signature of the service provider is recorded on the registration form.
(b) Information required for registration shall include the following:
(1) Name, address and telephone number of the service provider;
(2) Address and telephone numbers where services are provided to residents and the number of residents provided service;
(3) The services, such as nursing care or personal assistance, provided to residents; and
(4) Other information required by rules promulgated by the director.
(c) The director may deny registration if the information provided in an application is known by the applicant to be false or the applicant fails to report required information.
(d) A legally unlicensed provider may operate no more than one legally unlicensed home.
2023 West Virginia Code › Chapter 16. Public Health › Article 5E. Registration and Inspection of Service Providers in Legally Unlicensed Health Care Homes › §16-5E-3a. Exemption for the United States Department of Veterans Affairs Medical Foster Homes; Reporting

(a) The provisions of this article do not apply to any home or facility approved and annually reviewed by the United States Department of Veterans Affairs as a Medical Foster Home, pursuant to 38 CFR 17.73, in which care is provided exclusively to three or fewer veterans.
(b) The West Virginia Department of Veterans Affairs shall report annually by December 1, to the Governor, outlining the scope and effectiveness of the Medical Foster Home Program for veterans in West Virginia.
2023 West Virginia Code › Chapter 16. Public Health › Article 5E. Registration and Inspection of Service Providers in Legally Unlicensed Health Care Homes › §16-5E-5. Inspections; Right of Entry

The director may employ inspectors to enforce the provisions of this article. These inspectors shall have the right of entry into any place where services are provided by a service provider, to determine the number of residents therein and the adequacy of services being provided to them. The director may obtain a search warrant to inspect those premises that the director has reason to believe are being used to provide services. The inspectors shall have access to all parts of the home and grounds, including, but not limited to, all areas of all buildings on the grounds of a home, food supplies, resident medications and resident medical records. Inspectors shall also be permitted to conduct private interviews with all residents and staff of a home.
If after investigating a complaint, the director determines that the complaint is substantiated and that an immediate and serious threat to a resident's health or safety exists, the director may petition the circuit court for an injunction, order of abatement or other appropriate action or proceeding to: (1) Close the home; (2) transfer residents in the home to other facilities; or (3) appoint temporary management to oversee the operation of the home to assure the health, safety, welfare and rights of the home's residents where there is a need for temporary management to ensure compliance with the court's order. Any home aggrieved by a determination or assessment made pursuant to this section shall have the right to an administrative appeal as set forth in section twelve, article five-c of this chapter.
2023 West Virginia Code › Chapter 16. Public Health › Article 5E. Registration and Inspection of Service Providers in Legally Unlicensed Health Care Homes › §16-5E-6. Enforcement; Criminal Penalties

(a) Any service provider who fails to register with the director shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 or more than $2,500 or imprisoned in jail not less than ten days, or more than thirty days after notice by certified mail by the director to such service provider of the requirements of this article.
(b) Any person who interferes with or impedes in any way the lawful enforcement of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 or more than $2,500 or imprisoned in the jail not less than ten days, or more than thirty: Provided, That prior to July 1, 1989, no such penalty may be imposed upon a service provider until thirty days after notice by certified mail by the director to the service provider at the requirements of this article.
(c) If after investigating a complaint, the director determines that the home is housing more than three residents, the director shall assess a civil penalty of $50 per day per the number of residents exceeding three. Each day the violation continues, after the date of citation shall constitute a separate violation. The date of citation is the date the facility receives the written statement of deficiencies.
(d) The director may in his or her discretion bring an action to enforce compliance with the provisions of this article.
(e) The circuit court of Kanawha County or the circuit court of the county in which the conduct occurred shall have jurisdiction in all civil enforcement actions brought under this article and may order equitable relief without bond.
2023 West Virginia Code › Chapter 16. Public Health › Article 5G. Open Hospital Proceedings › §16-5G-1. Declaration of Legislative Policy

The Legislature hereby finds and declares that hospitals owned or operated by nonprofit corporations, nonprofit associations or local governmental units are relied on by the citizens of this state for services essential to their health and well-being. The Legislature further finds and declares that public funds from various sources and by various means contribute significantly to the revenues and operations of such institutions. Therefore, it is in the best interest of the people of this state for all proceedings of the boards of directors or other governing bodies of such hospitals to be conducted in an open and public manner so that the people can remain informed of the decisions and decision making processes affecting the health services on which they so vitally depend and which they help support through tax exemptions, public funding and other means.
2023 West Virginia Code › Chapter 16. Public Health › Article 5G. Open Hospital Proceedings › §16-5G-2. Definitions

As used in this article:
(1) "Decision" means any determination, action, vote or final disposition of a motion, proposal, resolution, order or measure on which a vote of the governing body is required at any meeting at which a quorum is present;
(2) "Executive session" means any meeting or part of a meeting of the governing body of a hospital that is closed to the public;
(3) "Governing body" means:
(A) With respect to a hospital owned or operated by a nonprofit corporation, the board of directors established pursuant to section eight hundred one, article eight, chapter thirty-one-e of this code;
(B) With respect to a county hospital, the board of trustees established pursuant to section fifteen, article three, chapter seven of this code; or
(C) With respect to all other hospitals subject to this article, the single board of directors, board of trustees, or, if given another name, the single group of governing board members having the authority to make decisions concerning the management and control of a hospital: Provided, That the medical staff of a hospital, the executive committee of the medical staff of a hospital and any other committee or subcommittee of the medical staff of a hospital are not a governing body of any hospital described in paragraphs (A), (B) and (C) of this subdivision;
(4) "Hospital" means any hospital owned or operated by a nonprofit corporation, nonprofit association or local governmental unit;
(5) "Meeting" means the convening of the governing body of a hospital for which a quorum is required in order to make a decision or to deliberate toward a decision on any matter: Provided, That the convening of a committee, subcommittee or other subcomponent of the governing body or the convening of any group other than the governing body that makes recommendations to the governing body is not a meeting within the meaning of this article unless the committee, subcommittee, subcomponent or group is vested with independent decision-making authority and exercises the independent decision-making authority at any convening; and
(6) "Quorum" means, unless otherwise defined by applicable law, a simple majority of the constituent membership of the governing body.
2023 West Virginia Code › Chapter 16. Public Health › Article 5G. Open Hospital Proceedings › §16-5G-3. Proceedings to Be Open; Public Notice of Meetings

Except as expressly and specifically otherwise provided by law, and except as provided in section four of this article, all meetings of a governing body of a hospital shall be open to the public. Any governing body may make and enforce reasonable rules and regulations for attendance and presentation at any meeting where there is not room enough for all members of the public who wish to attend. This article does not prohibit the removal from a meeting of any member of the public who is disrupting the meeting to the extent that orderly conduct of the meeting is compromised: Provided, That persons who desire to address the governing body may not be required to register to address the body more than fifteen minutes prior to time the scheduled meeting is to commence.
Each governing body shall promulgate rules by which the date, time and place of all regularly scheduled meetings and the date, time, place and purpose of all special meetings are made available, in advance, to the public and news media, except in the event of an emergency requiring immediate official action.
Each governing body shall file a notice of any meeting by causing a notice of the meeting to be printed in a local newspaper: Provided, That the governing body may otherwise provide by rule or regulation an alternative procedure that will reasonably provide the public with notice. Each notice shall state the date, time, place and purpose of the meeting.
In the event of an emergency requiring immediate official action, any governing body may provide an emergency meeting notice at any time prior to the meeting. The emergency meeting notice shall state the date, time, place and purpose of the meeting and the facts and circumstances of the emergency.
Upon petition by any adversely affected party, any court of competent jurisdiction may invalidate any action taken at any meeting for which notice did not comply with the requirements of this section.
2023 West Virginia Code › Chapter 16. Public Health › Article 5G. Open Hospital Proceedings › §16-5G-5. Minutes

Each governing body shall provide for the preparation of written minutes of all of its meetings. Subject to the exceptions set forth in section four of this article, minutes of all meetings except minutes of executive sessions, if any are taken, shall be available to the public within a reasonable time after the meeting and shall include, at least, the following information:
(1) The date, time and place of the meeting;
(2) The name of each member of the governing body present and absent;
(3) All motions, proposals, resolutions, orders, ordinances and measures proposed, the name of the person proposing the same and their disposition; and
(4) The results of all votes and, upon the request of a member, pursuant to the rules, policies or procedures of the governing board for recording roll call votes, the vote of each member, by name.
2023 West Virginia Code › Chapter 16. Public Health › Article 5G. Open Hospital Proceedings › §16-5G-6. Enforcement by Injunctions; Actions in Violation of Article Voidable

The circuit court in the county where a hospital is located has jurisdiction to enforce this article upon civil action commenced by any citizen of this state within one hundred twenty days after the action complained of was taken or the decision complained of was made. Where the action seeks injunctive relief, no bond may be required unless the petition appears to be without merit or made with the sole intent of harassing or delaying or avoiding return by the governing body.
The court is empowered to compel compliance or enjoin noncompliance with the provisions of this article and to annul a decision made in violation of this article. An injunction may also order that subsequent actions be taken or decisions be made in conformity with the provisions of this article.
Any order which compels compliance or enjoins noncompliance with the provisions of this article, or which annuls a decision made in violation of this article shall include findings of fact and conclusions of law and shall be recorded in the minutes of the governing body.
Upon entry of an order, the court may, where the court finds that the governing body intentionally violated the provisions of this article, order the governing body to pay the complaining person's necessary attorney fees and expenses. Where the court, upon denying the relief sought by the complaining person in the action, finds that the action was frivolous or commenced with the primary intent of harassing the governing body or any member thereof or, in the absence of good faith, of delaying any meetings or decisions of the governing body, the court may require the complaining person to pay the governing body's necessary attorney fees and expenses.
Any person who intentionally violates the provisions of this article is liable in an action for compensatory and punitive damages not to exceed a total of $500.
2023 West Virginia Code › Chapter 16. Public Health › Article 5G. Open Hospital Proceedings › §16-5G-7. Violation of Article; Penalties

(a) In addition to or in conjunction with any other acts or omissions which may be determined to violate this article, it is a violation of this article for a governing body to hold a private meeting with the intention of transacting public business, thwarting public scrutiny and making decisions that eventually become official action.
(b) Any person who is a member of a governing body of a hospital required to conduct open meetings in compliance with the provisions of this article and who willfully and knowingly violates the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500, or confined in jail not more than ten days, or both fined and confined.
2023 West Virginia Code › Chapter 16. Public Health › Article 5H. Chronic Pain Clinic Licensing Act › §16-5H-1. Purpose and Short Title

This article shall be known as the Chronic Pain Clinic Licensing Act. The purpose of this act is to establish licensing requirements for facilities that treat patients for chronic pain management in order to ensure that patients may be lawfully treated for chronic pain by physicians in facilities that comply with oversight requirements developed by the Department of Health and Human Resources.
2023 West Virginia Code › Chapter 16. Public Health › Article 5H. Chronic Pain Clinic Licensing Act › §16-5H-2. Definitions

“Chronic pain” means pain that has persisted after reasonable medical efforts have been made to relieve the pain or cure its cause and that has continued, either continuously or episodically, for longer than three continuous months. For purposes of this article, “chronic pain” does not include pain directly associated with a terminal condition.
“Director” means the Director of the Office of Health Facility Licensure and Certification within the Office of the Inspector General.
“Owner” means any person, partnership, association, or corporation listed as the owner of a pain management clinic on the licensing forms required by this article.
“Pain management clinic” means all privately-owned pain management clinics, facilities, or offices not otherwise exempted from this article and which meet both of the following criteria:
(1) Where in any month more than 50 percent of patients of the clinic are prescribed or dispensed Schedule II opioids or other Schedule II controlled substances specified in rules promulgated pursuant to this article for chronic pain resulting from conditions that are not terminal; and
(2) The facility meets any other identifying criteria established by the secretary by rule.
“Physician” means an individual authorized to practice medicine or surgery or osteopathic medicine or surgery in this state.
“Prescriber” means an individual who is authorized by law to prescribe drugs or drug therapy related devices in the course of the individual’s professional practice, including only a medical or osteopathic physician authorized to practice medicine or surgery; a physician assistant or osteopathic physician assistant who holds a certificate to prescribe drugs; or an advanced nurse practitioner who holds a certificate to prescribe.
“Secretary” means the Secretary of the West Virginia Department of Health and Human Resources. The secretary may define in rules any term or phrase used in this article which is not expressly defined.
2023 West Virginia Code › Chapter 16. Public Health › Article 5H. Chronic Pain Clinic Licensing Act › §16-5H-3. Pain Management Clinics to Obtain License; Application; Fees and Inspections

(a) No person, partnership, association or corporation may operate a pain management clinic without first obtaining a license from the secretary in accordance with the provisions of this article and the rules lawfully promulgated pursuant to this article.
(b) Any person, partnership, association or corporation desiring a license to operate a pain management clinic in this state shall file with the Office of Health Facility Licensure and Certification an application in such form as the secretary shall prescribe and furnish accompanied by a fee to be determined by the secretary.
(c) The Director of the Office of Health Facility Licensure and Certification or his or her designee shall inspect each facility prior to issuing a license and review all documentation submitted with the application. The secretary shall issue a license if the facility is in compliance with the provisions of this article and with the rules lawfully promulgated pursuant to this article.
(d) A license shall expire one year from the date of issuance. Sixty days prior to the expiration date, an application for renewal shall be submitted on forms furnished by the secretary. A license shall be renewed if the secretary determines that the applicant is in compliance with this article and with all rules promulgated pursuant to this article. A license issued to one facility pursuant to this article is not transferable or assignable. A change of ownership of a licensed pain management clinic requires submission of a new application.
(e) The secretary or his or her designee shall inspect on a periodic basis all pain management clinics that are subject to this article and all rules adopted pursuant to this article to ensure continued compliance.
2023 West Virginia Code › Chapter 16. Public Health › Article 5H. Chronic Pain Clinic Licensing Act › §16-5H-5. Exemptions

(a) The following facilities are not pain management clinics subject to the requirements of this article:
(1) A facility that does not prescribe or dispense controlled substances for the treatment of chronic pain;
(2) A hospital licensed in this state, a facility located on the campus of a licensed hospital that is owned, operated or controlled by that licensed hospital, and an ambulatory health care facility as defined by section two, article two-d, chapter sixteen of this code that is owned, operated or controlled by a licensed hospital;
(3) A physician practice owned or controlled, in whole or in part, by a licensed hospital or by an entity that owns or controls, in whole or in part, one or more licensed hospitals;
(4) A hospice program licensed in this state;
(5) A nursing home licensed in this state;
(6) An ambulatory surgical facility as defined by section two, article two-d, chapter sixteen of this code; and
(7) A facility conducting clinical research that may use controlled substances in studies approved by a hospital-based institutional review board or an institutional review board accredited by the association for the accreditation of human research protection programs.
(b) Any facility that is not included in this section may petition to the secretary for an exemption from the requirements of this article. All such petitions are subject to the administrative procedures requirements of chapter twenty-nine-a of this code.
2023 West Virginia Code › Chapter 16. Public Health › Article 5H. Chronic Pain Clinic Licensing Act › §16-5H-6. Inspection

(a) The Office of Health Facility Licensure and Certification shall inspect each pain management clinic annually, including a review of the patient records, to ensure that it complies with this article and the applicable rules.
(b) During an onsite inspection, the inspector shall make a reasonable attempt to discuss each violation with the designated physician or other owners of the pain management clinic before issuing a formal written notification.
(c) Any action taken to correct a violation shall be documented in writing by the designated physician or other owners of the pain management clinic and verified by follow-up visits by the Office of Health Facility Licensure and Certification.
2023 West Virginia Code › Chapter 16. Public Health › Article 5H. Chronic Pain Clinic Licensing Act › §16-5H-9. Rules

(a) The Secretary of the Department of Health and Human Resources, in collaboration with the West Virginia Board of Medicine and the West Virginia Board of Osteopathy, shall promulgate rules in accordance with the provisions of §29A-1-1 et seq. of this code for the licensure of pain management clinics to ensure adequate care, treatment, health, safety, welfare, and comfort of patients at these facilities. These rules shall include, at a minimum:
(1) The process to be followed by applicants seeking a license;
(2) The qualifications and supervision of licensed and nonlicensed personnel at pain management clinics and training requirements for all facility health care practitioners who are not regulated by another board;
(3) The provision and coordination of patient care, including the development of a written plan of care;
(4) The management, operation, staffing, and equipping of the pain management clinic;
(5) The clinical, medical, patient, and business records kept by the pain management clinic;
(6) The procedures for inspections and for the review of utilization and quality of patient care;
(7) The standards and procedures for the general operation of a pain management clinic, including facility operations, physical operations, infection control requirements, health and safety requirements, and quality assurance;
(8) Identification of drugs that may be used to treat chronic pain that identify a facility as a pain management clinic, including, at a minimum, tramadol and carisoprodol;
(9) Any other criteria that identify a facility as a pain management clinic;
(10) The standards and procedures to be followed by an owner in providing supervision, direction, and control of individuals employed by or associated with a pain management clinic;
(11) Data collection and reporting requirements; and
(12) Such other standards or requirements as the secretary determines are appropriate.
(b) The rules authorized by this section may be filed as emergency rules if deemed necessary to promptly effectuate the purposes of this article. The Legislature finds that the changes made to this article during the 2018 regular session of the Legislature constitute an emergency for the purposes of filing any amendment to existing rules.
2023 West Virginia Code › Chapter 16. Public Health › Article 5H. Chronic Pain Clinic Licensing Act › §16-5H-10. Advertisement Disclosure

Any advertisement made by or on behalf of a pain management clinic through public media, such as a telephone directory, medical directory, newspaper or other periodical, outdoor advertising, radio or television, or through written or recorded communication, concerning the treatment of chronic pain, as defined in section two of this article, shall include the name of, at a minimum, one physician owner responsible for the content of the advertisement.
2023 West Virginia Code › Chapter 16. Public Health › Article 5I. Hospice Licensure Act › §16-5I-1. Purpose and Short Title

This article shall be known as the Hospice Licensure Act. The purpose of this Act is to establish licensing requirements for hospices. It is the intent of the Legislature to establish, promote and make available within this state a comprehensive hospice care program for the treatment of physical, emotional and mental symptoms of terminal illness.
2023 West Virginia Code › Chapter 16. Public Health › Article 5I. Hospice Licensure Act › §16-5I-2. Definitions

(a) "Bereavement services" means support services designed to assist individuals to experience, respond emotionally to and adjust to the death of another person.
(b) "Hospice" means a coordinated program of home and inpatient care provided directly or through an agreement under the direction of an identifiable hospice administration which provides palliative and supportive medical and other health services to terminally ill individuals and their families. Hospice utilizes a medically directed interdisciplinary team. A hospice program of care provides care to meet the physical, psychological, social, spiritual and other special needs which are experienced during the final stages of illness and during dying and bereavement.
(c) "Interdisciplinary team" means the hospice patient and the patient's family, the attending physician and the following hospice personnel: Physician, nurse, social worker, clergy and trained volunteer. Providers of supportive services such as mental health, pharmaceutical and any other appropriate allied health services may also be included on the team as the needs of the individual dictate.
(d) "Palliative services" means treatment directed at controlling pain, relieving other symptoms and focusing on the special needs of the individual and family as they experience the stress of the dying process, rather than treatment designed for investigation and intervention for the purpose of cure or prolongation of life.
(e) "Terminally ill" means that an individual has a medical prognosis that his or her life expectancy is six months or less or another length of time determined by the centers for Medicare and Medicaid services and designated in federal hospice regulations.
(f) "Secretary" means the Secretary of the West Virginia Department of Health and Human Resources. The Secretary may define in regulation any term or phrase used in this article which is not expressly defined.
2023 West Virginia Code › Chapter 16. Public Health › Article 5I. Hospice Licensure Act › §16-5I-3. Hospices to Obtain License; Application; Fees and Inspections

(a) No person, partnership, association or corporation or any governmental unit or any division, department, board or agency thereof may operate a hospice without first obtaining a license from the Secretary in accordance with the provisions of this article and the rules lawfully promulgated hereunder.
(b) Any person, partnership, association or corporation or any governmental unit or any division, department, board or agency thereof desiring a license hereunder shall file with the Secretary an application in such form as the Secretary shall prescribe and furnish accompanied by a fee to be determined by the board of Health, based upon the number of persons served by the hospice. The Secretary shall inspect the hospice prior to issuing a license. Upon receipt and review of an application for license, the Secretary shall issue a license if the hospice is in compliance with the provisions of this article and with the rules lawfully promulgated hereunder. The license is not transferable or assignable.
(c) A license shall expire one year from the date of issuance. Sixty days prior to the expiration date, an application for renewal shall be submitted on forms furnished by the Secretary. A license shall be renewed if the Secretary determines that the applicant is in compliance with this article and with all rules promulgated hereunder.
(d) The Secretary or his or her designee shall inspect all hospices that are subject to rules adopted pursuant to this article periodically and at least as often as required by the Centers for Medicare and Medicaid Services in order to determine compliance with the provisions of this article and with rules adopted hereunder, and regulations promulgated by the Centers for Medicare and Medicaid Services.
2023 West Virginia Code › Chapter 16. Public Health › Article 5I. Hospice Licensure Act › §16-5I-4. Suspension; Revocation

(a) The Secretary is authorized to suspend or revoke a license issued hereunder if the provisions of this article or of the rules are violated.
(b) Before any such license is suspended or revoked, however, written notice shall be given the licensee, stating the grounds of the complaint, and the date, time and place set for the hearing on the complaint, which date shall not be less than thirty days from the time notice is given. Such notice shall be sent by registered mail to the licensee at the address where the hospice concerned is located. The licensee shall be entitled to be represented by legal counsel at the hearing.
(c) If a license is revoked as herein provided, a new application for a license shall be considered by the Secretary if, when and after the conditions upon which revocation was based have been corrected and evidence of this fact has been furnished. A new license shall then be granted after proper inspection has been made and all provisions of this article and rules promulgated hereunder have been satisfied.
(d) All of the pertinent provisions of article five, chapter twenty-nine-a of this code shall apply to and govern any hearing authorized and required by the provisions of this article and the administrative procedure in connection with and following any such hearing, with like effect as if the provisions of said article five were set forth in extenso in this section.
(e) Any applicant or licensee who is dissatisfied with the decision of the Secretary as a result of the hearing provided in this section may, within thirty days after receiving notice of the decision, appeal to the circuit court, in term or in vacation, of Kanawha County for judicial review of the decision.
(f) The court may affirm, modify or reverse the decision of the Secretary and either the applicant or licensee or the Secretary may appeal from the court's decision to the Supreme Court of Appeals.
2023 West Virginia Code › Chapter 16. Public Health › Article 5I. Hospice Licensure Act › §16-5I-5. Secretary of Health and Human Resources to Establish Rules

The Secretary of the Department of Health and Human Resources may promulgate rules in accordance with the provisions of chapter twenty-nine-a of this code for the licensure of hospice programs to ensure adequate care, treatment, health, safety, welfare and comfort of hospice patients. Such rules shall include, but not be limited to:
(a) The qualifications and supervision of licensed and nonlicensed personnel;
(b) The provision and coordination of inpatient care and in-home treatment services, including the development of a written plan of care;
(c) The management, operation, staffing and equipping of the hospice program;
(d) The clinical and business records kept by the hospice;
(e) The procedures for the review of utilization and quality of patient care; and
(f) Such other requirements as the Secretary determines to be appropriate.
2023 West Virginia Code › Chapter 16. Public Health › Article 5I. Hospice Licensure Act › §16-5I-6. Violations; Penalties; Injunction

(a) Any person, partnership, association or corporation and any local governmental unit or any division, department, board or agency thereof which establishes, conducts, manages or operates a hospice without first obtaining a license therefor as herein provided, or which violates any provisions of this article or any rule or regulation lawfully promulgated thereunder, shall be assessed a civil penalty by the Secretary not to exceed $50 for each violation. Each day of continuing violation after conviction shall be considered a separate violation.
(b) Notwithstanding the existence or pursuit of any other remedy, the Secretary may, in the manner provided by law, maintain an action in the name of the state for an injunction against any person, partnership, association, corporation or any governmental unit or any division, department, board or agency thereof to restrain or prevent the establishment, conduct, management or operation of any hospice or violation of any provisions of this article or any rule or regulation lawfully promulgated thereunder without first obtaining a license therefor in the manner hereinbefore provided.
2023 West Virginia Code › Chapter 16. Public Health › Article 5J. Clinical Laboratories Quality Assurance Act › §16-5J-1. Legislative Findings

The Legislature finds that the diagnosis and treatment of human affliction is or may be largely determined by the results of laboratory testing and that inaccurate laboratory test results endanger the health and lives of the citizens of West Virginia. A due respect for the citizenry of the state requires that all such testing be done under the supervision of qualified and competent persons having sufficient expertise and experience to assure the quality and accuracy of clinical laboratory testing. Further, it is imperative that laboratories be regulated and licensed to ensure that the intent of this article be met.
2023 West Virginia Code › Chapter 16. Public Health › Article 5J. Clinical Laboratories Quality Assurance Act › §16-5J-2. Definition

The term "clinical laboratory" means any facility or place, however named, for the biological, microbiological, serological, chemical, immuno-hematological, hematological, biophysical, crytological, pathological, or other examination of materials derived from the human body for the purpose of providing information for the diagnosis, prevention or treatment of any disease or impairment of, or the assessment of the health of human beings.
2023 West Virginia Code › Chapter 16. Public Health › Article 5J. Clinical Laboratories Quality Assurance Act › §16-5J-3. Rules; Recognized External Standards

The director of the department of health shall promulgate, pursuant to chapter twenty-nine-a of this code, rules required to implement this article, and such rules shall specifically address, among other things, training, education and experience requirements. The standards to be adopted by the department of health shall be equal to or higher than such standards currently applicable and as established by the college of American pathologists, the center for disease control, American Osteopathic Board of Pathology, American Osteopathic Hospital Association, the Medicare program or the joint commission for the accreditation of hospitals: Provided, That any laboratory in this state accredited by or certified by one of these organizations or the Medicare program shall be exempt from the requirements of licensure with no further inquiry by the department of health, and any such accredited or certified laboratory shall be exempt from the provisions of this article as long as such laboratories remain so accredited or certified: Provided, however, That all laboratories shall have five years from the effective date of this article to come into compliance.
2023 West Virginia Code › Chapter 16. Public Health › Article 5J. Clinical Laboratories Quality Assurance Act › §16-5J-4. Powers and Duties

In addition to promulgating rules specified in section three of this article, the director of the department of health, with the advice of the advisory board created in section five of this article, has the power to:
(a) Adopt rules for clinical laboratory licensure;
(b) Establish rules for continued evaluation of laboratory testing, such rules and evaluations being at least equivalent to the appropriate section of the "Clinical Laboratory Improvement Act of 1967";
(c) Institute and administer a program of inspection to ensure compliance with standards established in this article and rules established pursuant to this article;
(d) Issue a license to those clinical laboratories which meet requirements for licensure under this article;
(e) Set a reasonable fee for application and licensure;
(f) Withhold, revoke or suspend or restrict the license of any clinical laboratory which fails to meet requirements for licensure or relicensure.
The cost of the initial inspection of any new laboratory constructed after July 1, 1990, shall be the responsibility of the prospective licensee.
Within the limit of available funds, the department of health shall inspect clinical laboratories on a periodic basis to ensure compliance with standards and regulations.
2023 West Virginia Code › Chapter 16. Public Health › Article 5J. Clinical Laboratories Quality Assurance Act › §16-5J-6. Hearing and Judicial Review

If a license is withheld, suspended or revoked, the laboratory is entitled to a hearing before representatives of the department of health within sixty days of the withholding, suspension or revocation decision. Such laboratory may be represented at the hearing by counsel and may present evidence in its defense. The final order of the director will be based on a record of the hearing and shall contain findings of fact and conclusions of law. The laboratory may appeal an adverse order to the circuit court of Kanawha County or the circuit court of the county in which the laboratory is located to determine whether the director abused his discretion or exceeded his jurisdiction. The department of health has the power to obtain an injunction during the time preceding the hearing against any laboratory which fails to meet licensure requirements and whose continued operation poses a significant threat to the public health.
2023 West Virginia Code › Chapter 16. Public Health › Article 5J. Clinical Laboratories Quality Assurance Act › §16-5J-7. Exemptions

This article does not include or apply to any laboratory or laboratories maintained and operated by the federal government or to any laboratory or laboratories maintained and operated purely for research or teaching purposes nor to any laboratory operated by a primary health care center having tax exempt status and receiving contributions which are deductible to the contributor under provisions of federal law. All county health departments shall be exempt from this article.
2023 West Virginia Code › Chapter 16. Public Health › Article 5J. Clinical Laboratories Quality Assurance Act › §16-5J-8. Unlawful Conduct; Penalties

It is a misdemeanor for any person to solicit, receive, accept, deliver or transmit, by mail or otherwise, material originating from the human body on behalf of any person operating a laboratory not in possession of a license under this article regardless of whether such laboratory is located in this state and, upon conviction thereof, such person shall be fined not less than $500. The provisions of this section do not apply to transactions with any person operating a laboratory located in another state, which laboratory has been issued a license or permit in conformity with the "Clinical Laboratories Improvement Act of 1967," and related statutes. Neither does this section apply to transactions with laboratories operated in this state which are exempt from the license requirements of this article.
2023 West Virginia Code › Chapter 16. Public Health › Article 5J. Clinical Laboratories Quality Assurance Act › §16-5J-9. Interpretation of Article; Severability

The provisions of this article are severable and if any of its provisions shall be held unconstitutional, the decision of the court shall not affect or impair any of the remaining provisions of this article. It is hereby declared to be the legislative intent that this article would have been adopted had such unconstitutional provisions not been included herein.
2023 West Virginia Code › Chapter 16. Public Health › Article 5J. Clinical Laboratories Quality Assurance Act › §16-5J-10. Licensure of Technicians; Fee; Rules and Regulations

(a) The director of the department of health shall promulgate rules and regulations for the licensure and certification of lab technicians and lab technologists. All such persons being so employed on the effective date of this article shall be automatically certified and exempt from this requirement: Provided, That any technologist and technician who is certified by the American medical technologists or the American society of clinical pathologists or the national certification agency for medical laboratory personnel or any federal certification program shall be considered certified.
(b) All laboratory technicians or technologists shall pay an annual license fee of $25 to the director of the department of health to cover the costs of licensure.
(c) All rules and regulations required under this section or other provisions of this article may not be filed as emergency rules until after the set of rules is approved by the Legislature.
(d) All fees and interest earned or collected by the department under this article shall be used to pay for the implementation of this article.
2023 West Virginia Code › Chapter 16. Public Health › Article 5K. Early Intervention Services for Children With Developmental Delays › §16-5K-1. Legislative Findings and Statement of Purpose

The Legislature hereby finds and declares that early intervention services for children who are developmentally delayed is essential in helping to maximize each child's potential and is in the best interest of the state. These early intervention services will reduce future educational costs, minimize the likelihood of having to provide institutional care and enhance the capacity of families to meet the special needs of the children. In order to meet this important need, a statewide comprehensive, coordinated, interagency program of early intervention services is required for children and the families of children from birth to thirty-six months of age who are developmentally delayed. By facilitating coordination of payment for early intervention services from various public and private sources, enhancing the capacity to provide quality early intervention services, and expanding and improving existing services, the interagency program will ensure that children who are developmentally delayed will receive necessary services which are cost effective.
2023 West Virginia Code › Chapter 16. Public Health › Article 5K. Early Intervention Services for Children With Developmental Delays › §16-5K-2. Definitions

Unless the context clearly otherwise indicates, as used in this article:
(a) "Bureau" means the Bureau for Children and Families Public Health within the Department of Health and Human Resources.
(b) "Council" means the Governor's Early Intervention Interagency Coordinating Council.
(c) "Department" means the Department of Health and Human Resources.
(d) "Early intervention services" means developmental services which:
(1) Are designed to meet the developmental needs of developmentally delayed infants and toddlers and the needs of the family related to enhancing the child's development;
(2) Are selected in collaboration with the parents;
(3) Are provided under public supervision in conformity with an individualized family service plan;
(4) Are provided either at no charge, fees based on a sliding scale, or charges to third party payers and do not restrict access or services because of a client's financial limitations;
(5) Meet the state's early intervention standards, as established by the Department of Health and Human Resources with the assistance of the Governor's Early Intervention Interagency Coordinating Council;
(6) Include assistive technology, audiology, audiology case management, family training, counseling and home visits, health services necessary to enable a child to benefit from other early intervention services, medical services only for diagnostic or evaluation purposes, nursing services, nutrition services, occupational therapy, physical therapy, psychological services, social work services, special instruction, speech-language pathology, vision and transportation; and
(7) Are provided by licensed or otherwise qualified personnel, including audiologists, family therapists, nurses, nutritionists, occupational therapists, orientation and mobility specialists, physical therapists, physicians, psychologists, social workers, special educators, speech-language pathologists and paraprofessionals appropriately trained and supervised.
(e) "Infants and toddlers with developmental delay" means children from birth to thirty-six months of age who need early intervention services for any of the following reasons:
(1) They are experiencing developmental delays, as measured by appropriate methods and procedures, in one or more of the following areas: Cognitive, physical, including visual and hearing, communicative, adaptive, social, language and speech, or psycho-social development or self-help skills; or
(2) They have a diagnosed physical or mental condition that has a high probability of resulting in developmental delay; or
(3) They are at risk of having substantial developmental delays if early intervention services are not provided.