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2023 West Virginia Code › Chapter 16. Public Health › Article 30. West Virginia Health Care Decisions Act › §16-30-2. Legislative Findings and Purpose

(a) Purpose. -- The purpose of this article is to ensure that a patient's right to self-determination in health care decisions be communicated and protected; and to set forth a process for private health care decision making for incapacitated adults, including the use of advance directives, which reduces the need for judicial involvement and defines the circumstances under which immunity shall be available for health care providers and surrogate decision makers who make health care decisions.
The intent of the Legislature is to establish an effective method for private health care decision making for incapacitated adults, and to provide that the courts should not be the usual venue for making decisions. It is not the intent of the Legislature to legalize, condone, authorize or approve mercy killing or assisted suicide.
(b) Findings. -- The Legislature hereby finds that:
(1) Common law tradition and the medical profession in general have traditionally recognized the right of a capable adult to accept or reject medical or surgical intervention affecting one's own medical condition;
(2) The application of recent advances in medical science and technology increasingly involves patients who are unconscious or otherwise unable to accept or reject medical or surgical treatment affecting their medical conditions;
(3) Such advances have also made it possible to prolong the dying process artificially through the use of intervening treatments or procedures which, in some cases, offer no hope of medical benefit;
(4) Capable adults should be encouraged to issue advance directives designating their health care representatives so that in the event any such adult becomes unconscious or otherwise incapable of making health care decisions, decisions may be made by others who are aware of such person's own wishes and values; and
(5) The right to make medical treatment decisions extends to a person who is incapacitated at the moment of decision. An incapacitated person who has not made his or her wishes known in advance through an applicable living will, medical power of attorney or through some other means has the right to have health care decisions made on his or her behalf by a person who will act in accordance with the incapacitated person's expressed values and wishes, or, if those values and wishes are unknown, in the incapacitated person's best interests.
2023 West Virginia Code › Chapter 16. Public Health › Article 30. West Virginia Health Care Decisions Act › §16-30-5. Applicability and Resolving Actual Conflict Between Advance Directives

(a) The provisions of this article which directly conflict with the written directives contained in a living will, medical power of attorney, or combined medical power of attorney and living will executed prior to the effective date of this statute may not apply. An expressed directive contained in a living will, medical power of attorney, or combined medical power of attorney and living will by any other means the health care provider determines to be reliable shall be followed.
(b) If there is a conflict between the persons expressed directives, the portable orders for scope of treatment form, and the decisions of the medical power of attorney representative or surrogate, the persons expressed directives shall be followed.
(c) If there is a conflict between two advance directives executed by the person, the one most recently completed takes precedence only to the extent needed to resolve the inconsistency.
(d) If there is a conflict between the decisions of the medical power of attorney representative or surrogate and the persons best interests as determined by the attending physician when the persons wishes are unknown, the attending physician shall attempt to resolve the conflict by consultation with a qualified physician, an ethics committee, or by some other means. If the attending physician cannot resolve the conflict with the medical power of attorney representative, the attending physician may transfer the care of the person pursuant 16-30-12(b) of this code.
2023 West Virginia Code › Chapter 16. Public Health › Article 30. West Virginia Health Care Decisions Act › §16-30-7. Determination of Incapacity

(a) For the purposes of this article, a person may not be presumed to be incapacitated merely by reason of advanced age or disability. With respect to a person who has a diagnosis of mental illness or intellectual disability, such a diagnosis is not a presumption that the person is incapacitated. A determination that a person is incapacitated shall be made by the attending physician, a physician, a qualified psychologist, a physicians assistant, or an advanced practice registered nurse who has personally examined the person.
(b) The determination of incapacity shall be recorded contemporaneously in the persons medical record by the attending physician, a physician, a physicians assistant, an advanced practice registered nurse or a qualified psychologist. The recording shall state the basis for the determination of incapacity, including the cause, nature, and expected duration of the persons incapacity, if these are known.
(c) If the person is conscious, the attending physician, psychologist, physicians assistant, or advanced practice registered nurse shall inform the person that he or she has been determined to be incapacitated and that a medical power of attorney representative or surrogate decision-maker may be making decisions regarding life-prolonging intervention or mental health treatment for the person.
2023 West Virginia Code › Chapter 16. Public Health › Article 30. West Virginia Health Care Decisions Act › §16-30-9. Medical Power of Attorney Representative and Health Care Surrogate Decision-Making Standards

(a) General standards.
The medical power of attorney representative or the health care surrogate shall make health care decisions:
(1) In accordance with the person's wishes, including religious and moral beliefs; or
(2) In accordance with the person's best interests if these wishes are not reasonably known and cannot with reasonable diligence be ascertained; and
(3) Which reflect the values of the person, including the person's religious and moral beliefs, to the extent they are reasonably known or can with reasonable diligence be ascertained.
(b) Assessment of best interests.
An assessment of the person's best interests shall include consideration of the person's medical condition, prognosis, the dignity and uniqueness of every person, the possibility and extent of preserving the person's life, the possibility of preserving, improving or restoring the person's functioning, the possibility of relieving the person's suffering, the balance of the burdens to the benefits of the proposed treatment or intervention and such other concerns and values as a reasonable individual in the person's circumstances would wish to consider.
2023 West Virginia Code › Chapter 16. Public Health › Article 30. West Virginia Health Care Decisions Act › §16-30-10. Reliance on Authority of Living Will; Physician Orders for Scope of Treatment Form, Medical Power of Attorney Representative or Surrogate Decisionmaker; and Protection of Health Care Providers

(a) A physician, licensed health care professional, health care facility, or employee thereof shall not be subject to criminal or civil liability for good-faith compliance with or reliance upon the directions of the medical power of attorney representative in accordance with this article.
(b) A health care provider shall not be subject to civil or criminal liability for surrogate selection or good-faith compliance and reliance upon the directions of the surrogate in accordance with the provisions of this article.
(c) A health care provider, health care facility, or employee thereof shall not be subject to criminal or civil liability for good-faith compliance with or reliance upon the orders in a portable orders for scope of treatment form.
(d) No health care provider or employee thereof who in good faith and pursuant to reasonable medical standards causes or participates in the withholding or withdrawing of life-prolonging intervention from a person pursuant to a living will or combined medical power of attorney and living will made in accordance with this article shall, as a result thereof, be subject to criminal or civil liability.
(e) An attending physician who cannot comply with the living will, medical power of attorney, or combined medical power of attorney and living will of a principal pursuant to this article shall, in conjunction with the medical power of attorney representative, health care surrogate, or other responsible person, effect the transfer of the principal to another physician who will honor the living will, medical power of attorney, or combined medical power of attorney and living will of the principal. Transfer under these circumstances does not constitute abandonment.
2023 West Virginia Code › Chapter 16. Public Health › Article 30. West Virginia Health Care Decisions Act › §16-30-11. Negligence

Nothing in this article shall be deemed to protect a provider from liability for the provider's own negligence in the performance of the provider's duties or in carrying out any instructions of the medical power of attorney representative or surrogate. Nothing in this article shall be deemed to alter the law of negligence as it applies to the acts of any medical power of attorney representative or surrogate or provider, and nothing herein shall be interpreted as establishing a standard of care for health care providers for purposes of the law of negligence.
2023 West Virginia Code › Chapter 16. Public Health › Article 30. West Virginia Health Care Decisions Act › §16-30-12. Conscience Objections

(a) Health care facilities. -– Nothing in this article shall be construed to require a health care facility to change published policy of the health care facility that is expressly based on sincerely held religious beliefs or sincerely held moral convictions central to the facility's operating principles.
(b) Health care providers. -– Nothing in this article shall be construed to require an individual health care provider to honor a health care decision made pursuant to this article if:
(1) The decision is contrary to the individual provider's sincerely held religious beliefs or sincerely held moral convictions; and
(2) The individual health care provider promptly informs the person who made the decision and the health care facility of his or her refusal to honor the decision. In such event, the medical power of attorney representative or surrogate decision maker shall have responsibility for arranging the transfer of the person to another health care provider. The individual health care provider shall cooperate in facilitating such transfer, and a transfer under these circumstances shall not constitute abandonment.
2023 West Virginia Code › Chapter 16. Public Health › Article 30. West Virginia Health Care Decisions Act › §16-30-14. Insurance

(a) No policy of life insurance or annuity or other type of contract that is conditioned on the life or death of the person, shall be legally impaired or invalidated in any manner by the withholding or withdrawal of life-prolonging intervention from a person in accordance with the provisions of this article, notwithstanding any terms of the policy to the contrary.
(b) The withholding or withdrawal of life-prolonging intervention from a principal in accordance with the provisions of this article does not, for any purpose, constitute a suicide and does not constitute the crime of assisting suicide.
(c) The making of a living will or medical power of attorney pursuant to this article does not affect in any manner the sale, procurement or issuance of any insurance policy nor does it modify the terms of an existing policy.
(d) No health care provider or health care service plan, health maintenance organization, insurer issuing disability insurance, self-insured employee welfare benefit plan, nonprofit medical service corporation or mutual nonprofit hospital service corporation shall require any person to execute a living will or medical power of attorney as a condition for being insured for or receiving health care services.
2023 West Virginia Code › Chapter 16. Public Health › Article 30. West Virginia Health Care Decisions Act › §16-30-15. Withholding of Life Support Not Assisted Suicide or Murder

The withholding or withdrawal of life-prolonging intervention from a person in accordance with the decision of a medical power of attorney representative or surrogate decision maker made pursuant to the provisions of this article does not, for any purpose, constitute assisted suicide or murder. The withholding or withdrawal of life-prolonging intervention from a person in accordance with the decisions of a medical power of attorney representative or surrogate decision maker made pursuant to the provisions of this article, however, shall not relieve any individual of responsibility for any criminal acts that may have caused the person's condition. Nothing in this article shall be construed to legalize, condone, authorize or approve mercy killing or assisted suicide.
2023 West Virginia Code › Chapter 16. Public Health › Article 30. West Virginia Health Care Decisions Act › §16-30-16. Preservation of Existing Rights and Relation to Existing Law; No Presumption

(a) The provisions of this article are cumulative with existing law regarding an individual's right to consent to or refuse medical treatment. The provisions of this article shall not impair any existing rights or responsibilities that a health care provider, a person, including a minor or an incapacitated person or a person's family may have in regard to the withholding or withdrawal of life-prolonging intervention, including any rights to seek or forego judicial review of decisions regarding life-prolonging intervention under the common law or statutes of this state.
(b) This article creates no presumption concerning the intention of an individual who has not executed a living will or medical power of attorney to consent to, refuse or withdraw any and all medical treatment or diagnostic procedures, including, but not limited to, life-prolonging intervention.
2023 West Virginia Code › Chapter 16. Public Health › Article 30. West Virginia Health Care Decisions Act › §16-30-18. Revocation

(a) A living will or medical power of attorney may be revoked at any time only by the principal or at the express direction of the principal by any of the following methods:
(1) By being destroyed by the principal or by some person in the principal's presence and at his or her direction;
(2) By a written revocation of the living will or medical power of attorney signed and dated by the principal or person acting at the direction of the principal. Such revocation shall become effective only upon delivery of the written revocation to the attending physician by the principal or by a person acting on behalf of the principal.
The attending physician shall record in the principal's medical record the time and date when he or she receives notification of the written revocation; or
(3) By a verbal expression of the intent to revoke the living will or medical power of attorney in the presence of a witness eighteen years of age or older who signs and dates a writing confirming that such expression of intent was made. Any verbal revocation shall become effective only upon communication of the revocation to the attending physician by the principal or by a person acting on behalf of the principal. The attending physician shall record, in the principal's medical record, the time, date and place of when he or she receives notification of the revocation.
(b) There is no criminal or civil liability on the part of any person for failure to act upon a revocation made pursuant to this section unless that person has actual knowledge of the revocation.
(c) The grant of a final divorce decree shall act as an automatic revocation of the designation of the former spouse to act as a medical power of attorney representative or successor representative.
2023 West Virginia Code › Chapter 16. Public Health › Article 30. West Virginia Health Care Decisions Act › §16-30-19. Physician S Duty to Confirm, Communicate, and Document Terminal Condition; Medical Record Identification

(a) An attending physician who has been notified of the existence of a living will or combined medical power of attorney and living will executed under this article, without delay after the diagnosis of a terminal condition of the principal, shall take steps as needed to provide for confirmation, written certification, and documentation of the principals terminal condition in the principals medical record.
(b) Once confirmation, written certification, and documentation of the principals terminal condition is made, the attending physician shall verbally or in writing inform the principal of his or her condition or the principals medical power of attorney representative or surrogate, if the principal lacks capacity to comprehend such information and shall document such communication in the principals medical record.
(c) All inpatient health care facilities shall develop a system to visibly identify a persons chart which contains a living will or medical power of attorney, combined medical power of attorney and living will, or a portable order for scope of treatment as set forth in this article.
2023 West Virginia Code › Chapter 16. Public Health › Article 30. West Virginia Health Care Decisions Act › §16-30-20. Living Wills Previously Executed

A living will executed prior to the effective date of this article and which expressly provides for the withholding or withdrawal of life-prolonging intervention or for the termination of life-sustaining procedures in substantial compliance with the provisions of section four of this article is hereby recognized as a valid living will, as though it were executed in compliance with the provisions of this article.
2023 West Virginia Code › Chapter 16. Public Health › Article 30. West Virginia Health Care Decisions Act › §16-30-21. Reciprocity

A living will medical power of attorney, mental health advance directive, medical orders (portable orders for scope of treatment or do-not-resuscitate card), or similar advance directive or medical orders form executed in another state is validly executed for the purposes of this article if it is executed in compliance with the laws of this state or with the laws of the state where executed.
2023 West Virginia Code › Chapter 16. Public Health › Article 30. West Virginia Health Care Decisions Act › §16-30-22. Liability for Failure to Act in Accordance With the Directives of a Living Will or Medical Power of Attorney or the Directions of a Medical Power of Attorney Representative or Health Care Surrogate

(a) A health care provider or health care facility without actual knowledge of a living will or medical power of attorney completed by a person is not civilly or criminally liable for failing to act in accordance with the directives of a principal's living will or medical power of attorney.
(b) A health care provider or a health care facility is subject to review and disciplinary action by the appropriate licensing board for failing to act in accordance with a principal's directives in a living will or medical power of attorney, or the decisions of a medical power of attorney representative or health care surrogate: Provided, That the provider or facility had actual knowledge of the directives or decisions.
(c) Once a principal has been determined to be incapacitated in accordance with the provisions of this article and his or her living will or medical power of attorney has become effective, any health care provider or health care facility which refuses to follow the principal's directives in a living will or medical power of attorney or the decisions of a medical power of attorney representative or health care surrogate, because the principal has asked the health care provider or health care facility not to follow such directions or decisions, shall have two physicians, one of whom may be the attending physician, or one physician and a qualified psychologist, or one physician and an advanced nurse practitioner, certify that the principal has regained capacity to make the request. If such certification occurs, the provisions of the applicable living will or medical power of attorney, or the statute creating the authority of the health care surrogate shall not apply because the principal has regained decision-making capacity.
2023 West Virginia Code › Chapter 16. Public Health › Article 30. West Virginia Health Care Decisions Act › §16-30-24. Need for a Second Opinion Regarding Incapacity for Persons With Psychiatric Mental Illness, Intellectual Disability or Addiction

For persons with psychiatric mental illness, intellectual disability or addiction who have been determined by their attending physician or a qualified physician to be incapacitated, a second opinion by a qualified physician or qualified psychologist that the person is incapacitated is required before the attending physician is authorized to select a surrogate. The requirement for a second opinion does not apply in those instances in which the medical treatment to be rendered is not for the person's psychiatric mental illness.
2023 West Virginia Code › Chapter 16. Public Health › Article 30. West Virginia Health Care Decisions Act › §16-30-25. Portable Orders for Scope of Treatment Form

(a) The secretary of the Department of Health and Human Resources shall implement the statewide distribution of standardized portable orders for scope of treatment (POST) forms.
(b) Portable orders for scope of treatment forms shall be standardized forms used to reflect orders by a qualified physician, an advanced practice registered nurse, or a physician assistant for medical treatment of a person in accordance with that persons wishes or, if that persons wishes are not reasonably known and cannot with reasonable diligence be ascertained, in accordance with that persons best interest. The form shall be bright pink in color to facilitate recognition by emergency medical services personnel and other health care providers and shall be designed to provide for information regarding the care of the patient, including, but not limited to, the following:
(1) The orders of a qualified physician, an advanced practice registered nurse, or a physician assistant regarding cardiopulmonary resuscitation, level of medical intervention in the event of a medical emergency, use of antibiotics, and use of medically administered fluids and nutrition and the basis for the orders;
(2) The signature of the qualified physician, an advanced practice registered nurse, or a physician assistant;
(3) Whether the person has completed an advance directive or had a guardian, medical power of attorney representative, or surrogate appointed;
(4) The signature of the person or his or her guardian, medical power of attorney representative, or surrogate acknowledging agreement with the orders of the qualified physician, an advanced practice registered nurse, or a physician assistant; and
(5) The date, location, and outcome of any review of the portable orders for scope of treatment form.
(c) The portable orders for scope of treatment form shall be kept as the first page in a persons medical record in a health care facility unless otherwise specified in the health care facilitys policies and procedures and shall be transferred with the person from one health care facility to another.
2023 West Virginia Code › Chapter 16. Public Health › Article 30C. Do Not Resuscitate Act › §16-30C-2. Legislative Findings and Purposes

(a) Findings. -- The Legislature hereby finds that:
(1) Although cardiopulmonary resuscitation has saved the lives of persons experiencing sudden, unexpected death, present medical data indicates that cardiopulmonary resuscitation rarely leads to prolonged survival in persons with chronic illnesses in whom death is expected;
(2) In many circumstances, the performance of cardiopulmonary resuscitation on persons may cause infliction of unwanted and unnecessary pain and suffering;
(3) All persons have a right to make health care decisions including the right to refuse cardiopulmonary resuscitation;
(4) Persons with incapacity have the right to have health care decisions made for them by surrogate decision-makers;
(5) Existing emergency medical services protocols require their personnel to proceed with cardiopulmonary resuscitation when they find a person in a cardiac or respiratory arrest even if such person has completed a living will or medical power of attorney, indicating that he/she does not wish to receive cardiopulmonary resuscitation; and
(6) The administration of cardiopulmonary resuscitation by emergency medical services personnel to persons who have indicated by a living will or medical power of attorney or other means that they do not wish to receive such resuscitation offends the dignity of the person and conflicts with standards of accepted medical practice.
(b) Purpose. -- It is the purpose of this article to ensure that the right of a person to self-determination relating to cardiopulmonary resuscitation is protected. It is the intent of the Legislature by enacting this article to give direction to emergency medical services personnel and other health care providers in regard to the performance of cardiopulmonary resuscitation.
2023 West Virginia Code › Chapter 16. Public Health › Article 30C. Do Not Resuscitate Act › §16-30C-4. Applicability

The provisions of this article apply to all persons regardless of whether or not they have completed a living will or medical power of attorney. For the purposes of direction to emergency medical services personnel, a do not resuscitate order does not apply to treatment rendered at the site where trauma has occurred to persons who experience a cardiac or respiratory arrest as the result of severe trauma.
2023 West Virginia Code › Chapter 16. Public Health › Article 30C. Do Not Resuscitate Act › §16-30C-5. Presumed Consent to Cardiopulmonary Resuscitation; Health Care Facilities Not Required to Expand to Provide Cardiopulmonary Resuscitation

Every person shall be presumed to consent to the administration of cardiopulmonary resuscitation in the event of cardiac or respiratory arrest, unless one or more of the following conditions, of which the health care provider has actual knowledge, apply:
(1) A do-not-resuscitate order in accordance with the provisions of this article has been issued for that person;
(2) A completed living will or combined medical power of attorney and living will for that person is in effect, pursuant to the provisions of 16-30-1
et seq
. of this code, and the person is in a terminal condition; or
(3) A completed medical power of attorney for that person is in effect, pursuant to 16-30-1
et seq
. of this code, in which the person indicated that he or she does not wish to receive cardiopulmonary resuscitation, or his or her representative has determined that the person would not wish to receive cardiopulmonary resuscitation.
(4) A completed portable orders for scope of treatment form in which a qualified physician has ordered do-not-resuscitate.
Nothing in this article shall require a nursing home, personal care home, hospice, or extended care facility operated in connection with hospitals to institute or maintain the ability to provide cardiopulmonary resuscitation or to expand its existing equipment, facilities, or personnel to provide cardiopulmonary resuscitation:
Provided
, That if a health care facility does not provide cardiopulmonary resuscitation, this policy shall be communicated in writing to the person, representative, or surrogate decision maker prior to admission.
2023 West Virginia Code › Chapter 16. Public Health › Article 30C. Do Not Resuscitate Act › §16-30C-7. Compliance With a Do-Not-Resuscitate Order

(a) Health care providers shall comply with the do-not-resuscitate order when presented with one of the following:
(1) A do-not-resuscitate order completed by a physician on a form as specified in section six of this article;
(2) Do-not-resuscitate identification as set forth in section thirteen of this article;
(3) A do-not-resuscitate order for a person present or residing in a health care facility issued in accordance with the health care facility's policies and procedures; or
(4) A physician orders for scope of treatment form in which a qualified physician has documented a do-not-resuscitate order.
(b) Pursuant to this article, health care providers shall respect do-not-resuscitate orders for persons in health care facilities, ambulances, homes and communities within this state.
2023 West Virginia Code › Chapter 16. Public Health › Article 30C. Do Not Resuscitate Act › §16-30C-8. Revocation of Do Not Resuscitate Order

(a) At any time a person in a health care facility may revoke his or her previous request for or consent to a do not resuscitate order by making either a written, oral or other act of communication to a physician or other professional staff of the health care facility.
(b) At any time a person residing at home may revoke his/her do not resuscitate order by destroying such order and removing do not resuscitate identification on his or her person. The person is responsible for notifying his or her physician of the revocation.
(c) At any time a representative or surrogate decision-maker may revoke his or her consent to a do not resuscitate order for a person with incapacity in a health care facility by notifying a physician or other professional staff of the health care facility of the revocation of consent in writing, or by orally notifying the attending physician in the presence of a witness eighteen years of age or older.
(d) At any time a representative or surrogate decision-maker may revoke his or her consent for a person with incapacity residing at home by destroying such order and removing do not resuscitate identification from the person. The representative or surrogate decision-maker is responsible for notifying the person's physician of the revocation.
(e) The attending physician who is informed of or provided with a revocation of consent pursuant to this section shall immediately cancel the do not resuscitate order if the person is in a health care facility and notify the professional staff of the health care facility responsible for the person's care of the revocation and cancellation. Any professional staff of the health care facility who is informed of or provided with a revocation of consent pursuant to this section shall immediately notify the attending physician of such revocation.
(f) Only a licensed physician may cancel the issuance of a do not resuscitate order.
2023 West Virginia Code › Chapter 16. Public Health › Article 30C. Do Not Resuscitate Act › §16-30C-9. Protection of Persons Carrying Out in Good Faith Do Not Resuscitate Order; Notification of Representative or Surrogate Decision-Maker by Physician Refusing to Comply With Do Not Resuscitate Order

(a) No health care provider, health care facility, or individual employed by, acting as the agent of, or under contract with any of the foregoing shall be subject to criminal prosecution or civil liability for carrying out in good faith a do not resuscitate order authorized by this article on behalf of a person as instructed by the person, representative or surrogate decision-maker or for those actions taken in compliance with the standards and procedures set forth in this article.
(b) No health care provider, health care facility, individual employed by, acting as agent of, or under contract with any of the foregoing or other individual who witnesses a cardiac or respiratory arrest shall be subject to criminal prosecution or civil liability for providing cardiopulmonary resuscitation to a person for whom a do not resuscitate order has been issued, provided that such physician or individual:
(1) Reasonably and in good faith was unaware of the issuance of a do not resuscitate order; or
(2) Reasonably and in good faith believed that consent to the do not resuscitate order had been revoked or canceled.
(c) Any physician who refused to issue a do not resuscitate order at a person's request or to comply with a do not resuscitate order entered pursuant to this article shall take reasonable steps to advise promptly the person, representative, or surrogate decision-maker of the person that such physician is unwilling to effectuate the order. The attending physician shall thereafter at the election of the person, representative or surrogate decision-maker permit the person, representative or surrogate decision-maker to obtain another physician.
2023 West Virginia Code › Chapter 16. Public Health › Article 30C. Do Not Resuscitate Act › §16-30C-10. Insurance

(a) No policy of life insurance shall be legally impaired, modified, or invalidated in any manner by the issuance of a do not resuscitate order notwithstanding any term of the policy to the contrary.
(b) A person may not prohibit or require the issuance of a do not resuscitate order for an individual as a condition of such individual's being insured or receiving health care services.
2023 West Virginia Code › Chapter 16. Public Health › Article 30C. Do Not Resuscitate Act › §16-30C-11. Interinstitutional Transfers

If a person with a do-not-resuscitate order is transferred from one health care facility to another health care facility, the health care facility initiating the transfer shall communicate the existence of a do-not-resuscitate order to the receiving facility prior to the transfer. The written do-not-resuscitate order, the do-not-resuscitate card as described in section six of this article or the physician orders for scope of treatment form shall accompany the person to the health care facility receiving the person and shall remain effective until a physician at the receiving facility issues admission orders. The do-not-resuscitate card or the physician orders for scope of treatment form shall be kept as the first page in the person's transfer records.
2023 West Virginia Code › Chapter 16. Public Health › Article 30C. Do Not Resuscitate Act › §16-30C-12. Preservation of Existing Rights

(a) Nothing in this article shall impair or supersede any legal right or legal responsibility which any person may have to effect the withholding of cardiopulmonary resuscitation in any lawful manner. In such respect, the provisions of this article are cumulative.
(b) Nothing in this article shall be construed to preclude a court of competent jurisdiction from approving the issuance of a do not resuscitate order under circumstances other than those under which such an order may be issued pursuant to the provisions of this article.
2023 West Virginia Code › Chapter 16. Public Health › Article 30C. Do Not Resuscitate Act › §16-30C-13. Do-Not-Resuscitate Order Form; Do-Not-Resuscitate Identification; Public Education

(a) The secretary of the Department of Health and Human Resources, no later than July 1, 1994, shall implement the statewide distribution of do-not-resuscitate forms as described in section six of this article.
(b) Do-not-resuscitate identification as set forth in this article may consist of either a medical condition bracelet or necklace with the inscription of the patient's name, date of birth in numerical form and "WV do-not-resuscitate" on it. Such identification shall be issued only upon presentation of a properly executed do-not-resuscitate order form as set forth in section six of this article, a physician orders for scope of treatment form in which a qualified physician has documented a do-not-resuscitate order, or a do-not-resuscitate order properly executed in accordance with a health care facility's written policy and procedure.
(c) The secretary of the Department of Health and Human Resources, no later than July 1, 1994, shall be responsible for establishing a system for the distribution of the do-not-resuscitate identification bracelets and necklaces.
(d) The secretary of the Department of Health and Human Resources, no later than July 1, 1994, shall develop and implement a statewide educational effort to inform the public of their right to accept or refuse cardiopulmonary resuscitation and to request their physician to write a do-not-resuscitate order for them.
2023 West Virginia Code › Chapter 16. Public Health › Article 30C. Do Not Resuscitate Act › §16-30C-14. Not Suicide or Murder

The withholding of cardiopulmonary resuscitation from a person in accordance with the provisions of this article does not, for any purpose, constitute suicide or murder. The withholding of cardiopulmonary resuscitation from a person in accordance with the provisions of this article, however, shall not relieve any individual of responsibility for any criminal acts that may have caused the person's condition. Nothing in this article shall be construed to legalize, condone, authorize or approve mercy killing or assisted suicide.
2023 West Virginia Code › Chapter 16. Public Health › Article 30C. Do Not Resuscitate Act › §16-30C-16. Severability

The provisions of this article are severable and if any provision, section or part thereof shall be held invalid, unconstitutional or inapplicable to any person or circumstance, such invalidity, unconstitutionality or inapplicability shall not affect or impair any other remaining provisions contained herein.
2023 West Virginia Code › Chapter 16. Public Health › Article 32. Asbestos Abatement › §16-32-1. Legislative Findings

The Legislature hereby finds and declares that asbestos is a dangerous toxic substance and harmful to the citizens of this state. Therefore to ensure the protection of the citizens of this state, persons who come into contact with asbestos through abatement, removal, enclosure or encapsulation, should be trained and licensed professionals who know how to deal with asbestos.
It is the intent of the Legislature that this article shall be in addition to all other statutes, rules, and regulations concerning asbestos.
2023 West Virginia Code › Chapter 16. Public Health › Article 32. Asbestos Abatement › §16-32-3. Powers and Duties of the Director of Health

The director of health shall administer and enforce this article. The director has the following powers and duties:
(a) To issue licenses and assess fees pursuant to this article and the rules promulgated thereunder.
(b) To promulgate rules necessary to carry out the requirements of this article in accordance with the provisions of chapter twenty-nine-a of this code, to include, but not be limited to, the required training, the prescription of fees and procedures for the issuance and renewal of licenses.
(c) To approve the training courses administered to licensure applicants.
2023 West Virginia Code › Chapter 16. Public Health › Article 32. Asbestos Abatement › §16-32-4. Asbestos Management Planner's License Required

(a) It is unlawful for an individual who does not possess a valid asbestos management planner's license to design a building's or facility's asbestos management plan.
(b) To qualify for an asbestos management planner's license, an applicant shall:
(1) Satisfactorily complete a United States environmental protection agency approved training course for asbestos management planners;
(2) Possess a valid asbestos inspector's license;
(3) Demonstrate to the satisfaction of the director that the applicant is familiar with and capable of complying fully with all applicable requirements, procedures and standards of the United States environmental protection agency, the United States occupational safety and health administration and the state departments of health and human resources and commerce, labor and environmental resources covering any part of an asbestos abatement project; and
(4) Meet the requirements otherwise set forth by the director.
(c) Applicants for an asbestos management planner's license shall submit an application and a certificate that shows satisfactory completion of the United States environmental protection agency training course for asbestos management planners to the division and shall pay the applicable fee to the division. The director may deny a license if there has been a failure to comply with the application procedures or if the applicant fails to satisfy the application criteria. Written notice of such denial and an opportunity for reapplication shall be afforded to all applicants.
2023 West Virginia Code › Chapter 16. Public Health › Article 32. Asbestos Abatement › §16-32-5. Asbestos Abatement Project Designer's License Required

(a) It is unlawful for any person who does not possess a valid asbestos abatement project designer's license to specify engineering controls, methods and work practices under an asbestos abatement project contract to another person.
(b) To qualify for an asbestos abatement project designer's license, an applicant shall:
(1) Satisfactorily complete a United States environmental protection agency approved training course for abatement project designers;
(2) Demonstrate to the satisfaction of the director that the applicant is familiar with and capable of complying fully with all applicable requirements, procedures and standards of the United States environmental protection agency, the United States occupational safety and health administration and the state departments of health and human resources and commerce, labor and environmental resources covering any part of an asbestos abatement project; and
(3) Meet the requirements otherwise set forth by the director.
(c) Applicants for an asbestos abatement project designer's license shall submit an application and a certificate that shows satisfactory completion of the United States environmental protection agency training course for asbestos abatement project designers to the division on the required form and shall pay the applicable fee to the division. The director may deny a license if there has been a failure to comply with the application procedure or if the applicant fails to satisfy the application criteria. Written notice of denial and an opportunity for reapplication shall be afforded to all applicants.
2023 West Virginia Code › Chapter 16. Public Health › Article 32. Asbestos Abatement › §16-32-7. Asbestos Abatement Supervisor's License Required

(a) It is unlawful for an individual who does not possess a valid asbestos abatement supervisor's license to direct an asbestos abatement project.
(b) To qualify for an asbestos abatement supervisor's license, an applicant shall:
(1) Satisfactorily complete a United States environmental protection agency approved training course for asbestos abatement supervisors;
(2) Demonstrate to the satisfaction of the director that the applicant is familiar with and capable of complying fully with all applicable requirements, procedures and standards of the United States environmental protection agency, United States occupational safety and health administration and the state departments of health and human resources and commerce, labor and environmental resources covering any part of an asbestos abatement project; and
(3) Meet the requirements otherwise set forth by the director.
(c) Applicants for an asbestos abatement supervisor's license shall submit an application and a certificate that shows satisfactory completion of the United States environmental protection agency training course for asbestos abatement supervisors to the division and shall pay the applicable fee to the division. The director may deny a license if there has been a failure to comply with the application procedures or if the applicant fails to satisfy the application criteria. Written notice of such denial and an opportunity for reapplication shall be afforded to all applicants.
2023 West Virginia Code › Chapter 16. Public Health › Article 32. Asbestos Abatement › §16-32-8. Asbestos Inspector's License Required

(a) It is unlawful for an individual who does not possess a valid asbestos inspector's license to work as an asbestos inspector on an asbestos abatement project.
(b) To qualify for an asbestos inspector's license, an applicant shall:
(1) Satisfactorily complete a United States environmental protection agency approved training course for asbestos inspectors;
(2) Demonstrate to the satisfaction of the director that the applicant is familiar with and capable of complying fully with all applicable requirements, procedures and standards of the United States environmental protection agency, United States occupational safety and health administration and the state departments of health and human resources and commerce, labor and environmental resources covering any part of an asbestos abatement project; and
(3) Meet the requirements otherwise set forth by the director.
(c) Applicants for an asbestos inspector's license shall submit an application and a certificate that shows satisfactory completion of the United States environmental protection agency training course for asbestos inspectors to the division and shall pay the applicable fee to the division. The director may deny a license if there has been a failure to comply with the application procedures or if the applicant fails to satisfy the application criteria. Written notice of such denial and an opportunity for reapplication shall be afforded to all applicants.
2023 West Virginia Code › Chapter 16. Public Health › Article 32. Asbestos Abatement › §16-32-9. Asbestos Worker's License Required

(a) It is unlawful for an individual who does not possess a valid asbestos worker's license to work as an asbestos worker on an asbestos abatement project.
(b) To qualify for an asbestos worker's license an individual shall:
(1) Satisfactorily complete a United States environmental protection agency approved training course for asbestos workers;
(2) Demonstrate to the satisfaction of the director that the applicant is familiar with and is capable of complying fully with all applicable requirements, procedures and standards of the United States environmental protection agency, the United States occupational safety and health administration and the state departments of health and human resources and commerce, labor and environmental resources covering any part of an asbestos abatement project; and
(3) Meet the requirements otherwise set forth by the director.
(c) Applicants for an asbestos worker's license shall submit an application and a certificate that shows satisfactory completion of the United States environmental protection agency training course for asbestos workers to the division and shall pay the applicable fee to the division. The director may deny a license if there has been a failure to comply with the application procedures or if the applicant fails to satisfy the application criteria. Written notice of such denial and an opportunity for reapplication shall be afforded to all applicants.
2023 West Virginia Code › Chapter 16. Public Health › Article 32. Asbestos Abatement › §16-32-9a. Asbestos Analytical Laboratory License Required

(a) After January 1, 1994, it shall be unlawful for any laboratory that does not possess a valid asbestos analytical laboratory license to analyze asbestos bulk samples or asbestos air monitoring samples.
(b) To qualify for an asbestos analytical laboratory license, an applicant shall:
(1) Demonstrate to the satisfaction of the director that the applicant is familiar with and capable of complying fully with all applicable requirements, procedures and standards of the United States environmental protection agency, the United States occupational safety and health administration and the state departments of health and human resources and commerce, labor and environmental resources covering analysis of asbestos bulk samples or air monitoring samples; and
(2) Meet the requirements otherwise set forth by the director.
(c) Applicants for an asbestos analytical laboratory license shall submit an application to the division and shall pay the applicable fee to the division. The director may deny a license if there has been a failure to comply with the application procedure or if the applicant fails to satisfy the application criteria. Written notice of denial and an opportunity for reapplication shall be afforded to all applicants.