reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 16. Public Health › Article 35. Lead Abatement › §16-35-10. Accreditation of Lead Abatement Training Courses

(a) The director shall propose legislative rules establishing criteria and procedures for certification of training course curricula and examinations that shall ensure the qualifications of applications for licensure or certification as required in this article. To qualify for certification, a training course shall contain a combination of class instruction, practical application, and public health procedures of a length and content that, to the satisfaction of the director, ensure adequate training for the level and type of responsibility for each named certification category.
(b) All courses certified under this section shall be conducted by instructors whose training and experience is determined by the director to be appropriate for the subject matter being taught and the level of licensure category for which the course is designed. An approved initial course for any category of person engaged in lead-hazard reduction activities shall include all of the following, but not be limited to:
(1) Worker health and safety instruction no less stringent than required under applicable federal law and regulations;
(2) Instruction in the importance of safe work practices in promoting public health, and the importance of proper decontamination procedures in eliminating the risk of contaminating individual workers' home environment; and
(3) Instruction in the workers' rights and obligations under federal and state law.
(c) In addition to developing criteria for classroom instruction pursuant to this section, the director shall develop minimum criteria for hands-on training or on-site instruction. The criteria for certification of training courses shall include minimum trainee competency and proficiency requirements, evidenced through both written examinations and minimum skills demonstration examinations. Upon successful completion of an approved retraining course, the trainee shall be issued a certificate by the director or the accredited training provider under the authority of the director.
(d) All training courses must be recertified annually by the director. The director may establish by legislative rule, reasonable application fees for the accreditation of training courses and discipline examiners, and establish criteria for renewals of training course certification.
2023 West Virginia Code › Chapter 16. Public Health › Article 35. Lead Abatement › §16-35-11. Suspension or Revocation of License; Violations; Hearings

(a) The director may suspend or revoke a lead abatement discipline license if the licensee:
(1) Fraudulently or deceptively obtains or attempts to obtain a license or knowingly aids another in such fraud or deception;
(2) Fails at any time to meet the qualifications for the license or to comply with the requirements of this article or any applicable legislative rules;
(3) Fails to comply with applicable federal or state standards for lead abatement projects;
(4) Employs or permits an individual not licensed as required by this article to work on a lead abatement project; or
(5) Falsifies or attempts to falsify any document related to a lead abatement project.
(b) The director may investigate all suspected violations of this article or any rule promulgated hereunder. Upon the finding of a violation in connection with any lead abatement project, the director shall issue a cease and desist order directing that all work on the project is halted forthwith or a notice of violation directing compliance with this article or any rule promulgated hereunder. Posting of cease and desist orders or notice of violations on project sites shall constitute notice of its contents to the property owner and all persons working on the lead abatement project. The director may also deliver a copy of such order or notice by certified mail, return receipt requested, to the property owner and to the contractor.
(c) Hearings regarding violations of this article and any rules promulgated hereunder shall be conducted in accordance with the division's rules of procedure for contested case hearings and declaratory rulings and the administrative procedures act of chapter twenty-nine-a of this code.
2023 West Virginia Code › Chapter 16. Public Health › Article 35. Lead Abatement › §16-35-12. Special Revenue Account

The director shall deposit all moneys collected as fees and civil penalties under the provisions of this article a special account in the State Treasury to be known as the "lead abatement account". Expenditures from said fund shall be for the purposes set forth in this article and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon the fulfillment of the provisions set forth in article two, chapter five-a of this code: Provided, that for the fiscal year ending June 30, 1999, expenditures are authorized from collections rather than pursuant to an appropriation of the Legislature.
2023 West Virginia Code › Chapter 16. Public Health › Article 35. Lead Abatement › §16-35-13. Penalties and Fines

(a) The director may impose a civil penalty of not less than $250 and not more than $5,000 for each separate violation of this article or any rules promulgated hereunder. In any case where a person fails to halt work following the issuance of a cease and desist order by the director, the violation shall be presumed to be willful and the person shall be assessed a civil penalty by the director of not less than $10,000 nor more than $25,000 for an initial violation and not less than $25,000 nor more than $50,000 for each subsequent violation. Failure to pay a civil penalty imposed by the director within thirty days of receipt of notification constitutes a separate violation.
(b) Notwithstanding any other provision of this code, any person who violates any provision of this article or any rule promulgated hereunder is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $250, nor more than $50,000, or confined in the county or regional jail not more than one year, or both fined and confined.
2023 West Virginia Code › Chapter 16. Public Health › Article 36. Needlestick Injury Prevention › §16-36-1. Definitions

As used in this article:
(a) "Director" means the director of the division of health;
(b) "Engineering controls" means sharps prevention technology including, but not limited to, systems not using needles and needles with engineered sharps injury protection;
(c) "Facility" means every hospital licensed under the provisions of article five-b of this chapter; every nursing home licensed under the provisions of article five-c of this chapter; every local health department, every home health agency certified by the office of health facility licensure and certification, all hospitals and nursing homes operated by the state or any agency of the state and all hospitals, nursing homes, local health departments and home health agencies which are staffed, in whole or in part, by public employees;
(d) "Health care worker" means any person working in a facility;
(e) "Needleless system" means a device that does not utilize needles for the withdrawal of body fluids after initial venous or arterial access is established, the administration of medication or fluids, or any other procedure involving the potential for an exposure incident;
(f) "Needlestick injury" means the parenteral introduction into the body of a health care worker, during the performance of his or her duties, of blood or other potentially infectious material by a hollow-bore needle or sharp instrument, including, but not limited to, needles, lancets, scalpels and contaminated broken glass; and
(g) "Sharps" means hollow-bore needles or sharp instruments, including, but not limited to, needles, lancets and scalpels.
2023 West Virginia Code › Chapter 16. Public Health › Article 36. Needlestick Injury Prevention › §16-36-3. Needlestick Injury Prevention Advisory Committee

(a) There is established a needlestick injury prevention advisory committee to advise the director in the development of rules required under this article.
(b) The committee shall meet at least four times a year for the initial two years after the effective date of this article and on the call of the director thereafter. The director shall serve as the chair and shall appoint thirteen members, one representing each of the following groups:
(1) A representative of the health insurance industry;
(2) The executive director of the workers' compensation commission, or his or her designee;
(3) Five nurses who work primarily providing direct patient care in a hospital or nursing home, at least one of which is employed in a state-operated facility;
(4) A phlebotomist employed in a hospital or nursing home;
(5) Two administrators of different hospitals operating within the state;
(6) A director of nursing employed in a nursing home within the state;
(7) A licensed physician practicing in the state; and
(8) An administrator of a nursing home operating within the state.
(c) Members of the committee serve without compensation. Each member shall be reimbursed for actual and necessary expenses incurred for each day or portion thereof engaged in the discharge of official duties, in a manner consistent with guidelines of the travel management office of the Department of Administration.
(d) A majority of all members constitutes a quorum for the transaction of all business. Members serve for two-year terms and may not serve for more than two consecutive terms.
2023 West Virginia Code › Chapter 16. Public Health › Article 37. Body Piercing Studio Business › §16-37-2. Definitions

(a) "Adequate ventilation" means a free and unrestricted circulation of fresh air throughout the body piercing studio and the expulsion of foul or stagnant air.
(b) "Antimicrobial solution" means any solution used to retard the growth of microorganisms.
(c) "Body piercing" means to puncture the skin for the purpose of creating a hole to be decorated or adorned, but does not include the use of a mechanized, presterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear or both.
(d) "Body piercing studio" means any room or space where body piercing is practiced or where the business of body piercing or any part thereof is conducted.
(e) "Operator" means any person who is registered with the state to operate, control or manage a body piercing studio, and whose studio has been issued an operating permit by the local board of health.
(f) "Single use" means products, instruments or items that are used one time on one client and then properly disposed of in accordance with rules of the Department of Health and Human Resources regarding the disposal of medical wastes.
(g) "Standard precautions" means that all blood and body fluids are treated so as to contain all blood-borne pathogens and all proper precautions are taken to prevent the spread of any blood-borne pathogens.
(h) "Technician" means an individual who engages in the practice of body piercing.
2023 West Virginia Code › Chapter 16. Public Health › Article 37. Body Piercing Studio Business › §16-37-3. Registration Requirements; Inspections by Local Boards of Health; Posting of Permit; Power of Local Board of Health to Order Studio to Close

(a) On or after July 1, 2001, any body piercing studio in West Virginia shall obtain a West Virginia business registration certificate and shall register with the local board of health, request an inspection of the facility, and obtain an operating permit before engaging in the business of body piercing.
(b) Each local board of health shall conduct annual inspections of body piercing studios to determine compliance with this article.
(c) Upon a determination by the board that the body piercing studio is in compliance with the provisions of this article, the board shall issue to the body piercing studio an operating permit, which shall be posted in a conspicuous place in the body piercing studio, clearly visible to the general public.
(d) Upon a determination by the board that any body piercing studio is not in compliance with the provisions of this article, or the rules promulgated hereunder, the board may order the body piercing studio to cease operations until such time as the board determines that the body piercing studio is in compliance.
(e) Nothing in this article may be construed as prohibiting any health care provider licensed under chapter thirty of this code from performing any action within the scope of his or her practice, or as restricting the lawful practice of medicine or surgery in this state.
2023 West Virginia Code › Chapter 16. Public Health › Article 37. Body Piercing Studio Business › §16-37-4. Rules to Be Proposed by the Department of Health and Human Resources

(a) On or before July 1, 2000, the Department of Health and Human Resources shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, which rules shall provide at a minimum:
(1) General physical requirements for facilities and equipment, including requirements for adequate ventilation and lighting;
(2) Record keeping requirements and forms;
(3) Written notification of the risks of body piercing procedures and minimum age requirements;
(4) Body piercing procedures, including, but not limited to, safety and sterilization procedures; the use of antimicrobial solutions, needles, single use instruments and other instruments; the exercise of standard precautions; and instructions on the care of the skin after body piercing procedures;
(5) Permitting requirements for operators and technicians, including fees for permits and renewals of permits sufficient to cover the costs of inspecting facilities and administering this article; and
(6) For the disposal of waste in compliance with the rules of the Department of Health and Human Resources regarding the disposal of medical wastes.
(b) The rules required by this section may also include provisions on training or educational requirements or materials; health screenings for technicians; and any other provisions considered necessary to protect the public or assure adequate health and safety.
(c) The rules may also include limitations or prohibitions on the performance of certain procedures, including, but not limited to, procedures referred to as cutting, branding and scarification, which are identified as posing a risk to the public health and safety.
(d) Before December 1, 2000, the department shall report to the Legislature on permanent body alteration activities, including, but not limited to, procedures referred to as cutting, branding and scarification, and identify those activities that pose a risk to the public health and safety, and report its recommendations for legislation.
2023 West Virginia Code › Chapter 16. Public Health › Article 37. Body Piercing Studio Business › §16-37-5. Violations and Penalties

(a) Any owner of a body piercing studio who does not obtain a West Virginia business registration certificate, who does not register with the local board of health, or who fails to request an inspection pursuant to section three of this article is guilty of a misdemeanor and, upon conviction thereof, for a first offense, may have all of the body piercing equipment and paraphernalia confiscated and shall be fined $100.
(b) For a second offense, which is a misdemeanor, the owner may have all of the body piercing equipment and paraphernalia confiscated and shall be fined not less than $500 nor more than $1,000 or be imprisoned in the county or regional jail for not less than ten days nor more than one year, or both fined and imprisoned.
(c) For a third offense, which is a misdemeanor, the owner shall have all the body piercing equipment and paraphernalia confiscated, shall be fined not less than $1,000 nor more than $5,000, or be imprisoned in the county or regional jail not less than thirty days nor more than one year, or both fined and imprisoned.
2023 West Virginia Code › Chapter 16. Public Health › Article 38. Tattoo Studio Business › §16-38-1. Definitions

For purposes of this article:
"Adequate ventilation" means a free and unrestricted circulation of fresh air throughout the tattoo studio and the expulsion of foul or stagnant air.
"Antibacterial solution" means any solution used to retard the growth of bacteria approved for application to human skin and includes all products so labeled.
"Germicidal solution" means any solution which destroys germs and is so labeled.
"Minor" means any person under the age of 18 years.
"Scleral tattooing" means the practice of producing an indelible mark or figure on the human eye by scarring or inserting a pigment on, in, or under the fornix conjunctiva, bulbar conjunctiva, ocular conjunctiva, or other ocular surface using needles, scalpels or other related equipment.
"Sterilization" means holding in an autoclave for 25 minutes at 15 pounds pressure at a temperature of 250 degrees Fahrenheit or 121 degrees Celsius.
"Tattoo" means to mark or color the skin by pricking in coloring matter so as to form indelible marks or figures or by the production of scars.
"Tattoo studio" means any room or space where tattooing is practiced or where the business of tattooing or any part thereof is conducted
2023 West Virginia Code › Chapter 16. Public Health › Article 38. Tattoo Studio Business › §16-38-2. Studio Sanitation

(a) The tattoo artist's hands shall be washed and then air blown or dried by single-use towel prior to beginning work on each person or when interrupted in the process of working on a person. In addition, disposable latex examination gloves shall be worn by the tattoo artist during the tattooing process. The gloves shall be changed and properly disposed of each time there is an interruption in the application of the tattoo, each time the gloves become torn or punctured or whenever the ability of the gloves to function as a barrier is compromised.
(b) Cabinets for the storage of instruments, dyes, pigments, single-use articles, carbon, stencils and other utensils shall be provided for each operator and shall be maintained in a sanitary manner.
(c) Bulk single use articles shall be commercially packaged and handled in such a way as to protect them from contamination. Storage of single-use articles may not be in toilet rooms or in vestibules of toilet rooms nor under nonpotable water lines or exposed sewer lines.
(d) Work tables and chairs or benches shall be provided for each tattoo artist. The surface of all work tables and chairs or benches shall be constructed of material which is smooth, light colored, nonabsorbent, corrosive-resistant and easily sanitized. The work tables and chairs or benches shall be sanitized with a germicidal solution after each tattoo application. All existing tattoo studios on the effective date of the administrative regulation shall be exempt from the required color of the work table.
(e) All materials applied to human skin shall be from single-use articles or transferred from bulk containers to single-use containers and shall be disposed of after each use.
(f) No pets, including working dogs, guide dogs or security dogs from a certified trainer, may be permitted in a tattoo studio workroom as defined in subsection (b), section four of this article.
2023 West Virginia Code › Chapter 16. Public Health › Article 38. Tattoo Studio Business › §16-38-4. Facilities and Equipment

(a) General physical environment. -–
(1) Tattoo studios shall have at least fifty footcandles of light and adequate ventilation. Walls and ceilings shall be painted a light color;
(2) The floor of the tattoo workroom shall be constructed of impervious material. The floor shall be swept and wet-mopped daily. Floors, walls or ceilings shall not be swept or cleaned while tattooing is in operation;
(3) Convenient, clean and sanitary toilet and hand-washing facilities shall be made accessible to customers;
(4) The building and equipment shall be maintained in a state of good repair at all times. The studio premises shall be kept clean, neat and free of litter and rubbish.
(b) Workroom. -–
(1) Each tattoo studio shall have a workroom separate from a waiting room or any room or rooms used for any other purpose. The workroom may not be used as a corridor for access to other rooms. Patrons or customers shall be tattooed only in the workroom;
(2) The workroom shall be equipped with hot and cold running water, with one sink or basin per artist operating at the same time;
(3) The sinks and basins shall be for the exclusive use of the tattoo artists for washing their hands and preparing customers for tattooing. They shall be equipped with foot, wrist or single-lever action controls, soap, a germicidal solution, single-use towels and individual hand brushes clean and in good repair for each tattoo artist. All plumbing shall be in compliance with industry standards;
(4) Persons may not consume any food or drink nor smoke in the workroom.
2023 West Virginia Code › Chapter 16. Public Health › Article 38. Tattoo Studio Business › §16-38-6. Registration Requirements; Inspections by Local or Regional Boards of Health; Permit Fees

(a) Tattoo studios in West Virginia shall obtain a West Virginia business registration certificate and shall register with their local or regional board of health.
(b) Each local or regional board of health shall conduct annual inspections of each tattoo studio to determine compliance with this article. Every person, firm or corporation operating a tattoo studio in West Virginia shall apply to their local or regional board of health for the inspection. The local or regional boards of health shall attempt to conduct the inspections within ten days of the receipt of the request for inspection: Provided, That if it is impracticable for the local or regional board of health to conduct the investigation within ten days after receiving the application, the boards may issue to the applicant a temporary operating permit which shall be valid for thirty days or until a regular inspection is made, whichever occurs first.
(c) Upon a determination by the inspecting authority that any tattoo studio is not in compliance with the provisions of this article, the inspection authority shall have the power to order the tattoo studio to cease operations until a time as the inspecting authority determines that the studio is in compliance.
(d) Upon a determination by the inspecting authority that the tattoo studio is in compliance with the provisions of this article, there shall be issued to the studio an operating permit that shall be posted in a conspicuous place, clearly visible to the general public.
(e) The fee for the issuance of an operating permit issued pursuant to this article shall be $200 and shall be paid by the tattoo studio receiving the permit. The fee shall be collected by and paid to the local or regional boards of health.
2023 West Virginia Code › Chapter 16. Public Health › Article 38. Tattoo Studio Business › §16-38-7. Violations and Penalties

Any owner of a tattoo studio who does not obtain a West Virginia business registration certificate, who does not register with their local or regional board of health or who fails to request an inspection pursuant to section six of this article shall be guilty of a misdemeanor and, upon conviction thereof, for a first offense, may have all of the tattoo equipment and paraphernalia confiscated and shall be fined $100. For a second offense, which is a misdemeanor, the owner may have all of the tattoo equipment and paraphernalia confiscated and shall be fined not less than $500 nor more than $1,000 or confined in a county or regional jail not less than ten days nor more than one year, or both fined and imprisoned. For a third offense, which is a misdemeanor, the owner shall have all the tattoo equipment and paraphernalia confiscated, shall be fined not less than $1,000 nor more than $5,000, or confined in a county or regional jail not less than thirty days nor more than one year, or both fined and imprisoned.
2023 West Virginia Code › Chapter 16. Public Health › Article 39. Patient Safety Act › §16-39-4. Prohibition Against Discrimination or Retaliation

(a) No person may retaliate or discriminate in any manner against any health care worker because the worker, or any person acting on behalf of the worker:
(1) Makes a good faith report, or is about to report, verbally or in writing, to the health care entity or appropriate authority an instance of wrongdoing or waste.
(2) Advocated on behalf of a patient or patients with respect to the care, services or conditions of a health care entity;
(3) Initiated, cooperated or otherwise participated in any investigation or proceeding of any governmental entity relating to the care, services or conditions of a health care entity.
(b) A health care worker with respect to the conduct described is acting in good faith if the health care worker reasonably believes:
(1) That the information is true; and
(2) Constitutes waste or wrongdoing as defined in section three of this article.
2023 West Virginia Code › Chapter 16. Public Health › Article 39. Patient Safety Act › §16-39-5. Confidentiality of Complaints to Government Agencies

The identity of a health care worker who complains in good faith to a government agency or department about the quality of care, services or conditions of a health care entity or any waste or wrongdoing by the health care entity shall remain confidential and may not be disclosed by any person except upon the knowing written consent of the health care worker and except in the case in which there is imminent danger to health or public safety or an imminent violation of criminal law.
2023 West Virginia Code › Chapter 16. Public Health › Article 39. Patient Safety Act › §16-39-6. Enforcement

(a) Any health care worker who believes that he or she has been retaliated or discriminated against in violation of section four of this article may file a civil action in any court of competent jurisdiction against the health care entity and the person believed to have violated section four of this article.
(b) A court, in rendering a judgment for a complainant in an action brought under this article, shall order, as the court considers appropriate, reinstatement of the health care worker, the payment of back wages, full reinstatement of fringe benefits and seniority rights, actual damages or any combination of these remedies. A court may also award the complainant, all or a portion of the costs of litigation, including reasonable attorneys fees and witness fees, if the court determines that the award is appropriate.
(c) An action may be brought under this subsection not later than two years after the date of the last event constituting the alleged violation for which the action is brought.
2023 West Virginia Code › Chapter 16. Public Health › Article 39. Patient Safety Act › §16-39-7. Notice

Each health care entity shall post and keep posted, in conspicuous places on the premises of the health care entity where notices to employees and applicants for employment are customarily posted, a notice, to be prepared or approved by the commissioner, setting forth excerpts from, or summaries of, the pertinent provisions of this article and information pertaining to the filing of a charge under section four of this article.
2023 West Virginia Code › Chapter 16. Public Health › Article 39. Patient Safety Act › §16-39-8. Visitation of a Patient in a Health Care Facility

(a) During a declared public health state of emergency for a contagious disease, a health care facility shall permit visitation of a patient. If the patients death is imminent, the health care facility shall allow visitation upon request at any time and frequency. In all other instances, the health care facility shall allow visitation once the patient is stable following a surgical procedure and, not less than once every five days:
Provided
, That visitation permitted by any health care entity may not be inconsistent with any applicable federal law, rule, policy, or guidance in effect for the same emergency.
(b) A visitor shall comply with the applicable procedures established by the health care facility.
(c) The health care facility may deny a visitor entry to the health care facility, may subject a visitor to expulsion from the facility, or may permanently revoke visitation rights to a visitor who does not comply with the applicable procedures established by the health care facility.
(d) A healthcare facility is not liable to a person visiting another person, nor to any other patient or resident of the health care facility, for any civil damages for injury or death resulting from or related to actual or alleged exposure during, or through the performance of, the visitation in compliance with this section, unless the health care facility failed to substantially comply with the applicable health and safety procedures established by the health care facility.
(e) Health care facilities shall provide patients adequate and lawful access to clergy so that patients can practice their religion by receiving clergy visitation at any reasonable time, as long as the visit does not disrupt clinical care: Provided, That if the health care facility limits the number of people able to visit the patient, the member of the clergy is not to be considered within that number.
(f) Clergy shall comply with the applicable visitation procedures established by the health care facility.
2023 West Virginia Code › Chapter 16. Public Health › Article 40. Statewide Birth Defects Information System › §16-40-1. Definitions

As used in this article:
(1) "Commissioner" means the commissioner of the Bureau for Public Health.
(2) "Freestanding birthing center" means any health care facility in which births routinely occur, regardless of whether the facility is located on the campus of another health care facility, and which is not licensed under article five-b of this chapter.
(3) "Hospital" means a hospital licensed under the provisions of article five-b of this chapter.
(4) "Nurse-midwife" means an individual authorized under article fifteen, chapter thirty of this code to practice nurse-midwifery.
(5) "Physician" means an individual authorized under article three or fourteen, chapter thirty of this code to practice medicine and surgery or osteopathic medicine and surgery.
2023 West Virginia Code › Chapter 16. Public Health › Article 40. Statewide Birth Defects Information System › §16-40-2. Expansion and Implementation of Statewide Birth Defects Information System

(a) The commissioner shall establish and implement a statewide birth defects information system for the collection of information concerning congenital anomalies, stillbirths and abnormal conditions of newborns.
(b) The commissioner may require each physician, nurse-midwife, hospital and freestanding birthing center to report to the system information concerning all patients under six years of age with a primary diagnosis of a congenital anomaly or abnormal condition: Provided, That the commissioner may not require the reporting of personal identifying information or enter into the system any personal identifying information regarding congenital anomalies or abnormal conditions of a child whose parent or legal guardian objects on the basis of religious belief. The commissioner may not require a hospital, freestanding birthing center, nurse-midwife or physician to report to the system any information that is required to be reported to the commissioner or the Bureau for Public Health under another provision of this code.
(c) On request, each physician, nurse-midwife, hospital and freestanding birthing center shall give the commissioner or authorized employees of the bureau access to the medical records of any patient described in subsection (b) of this section. The bureau shall pay the costs of copying any medical records pursuant to this section.
(d) A physician, nurse-midwife, hospital or freestanding birthing center that provides information to the system under subsection (b) of this section is not subject to criminal or civil liability for providing the information.
2023 West Virginia Code › Chapter 16. Public Health › Article 40. Statewide Birth Defects Information System › §16-40-3. Purposes of System

The birth defects information system may be used for all of the following purposes:
(1) To identify and describe congenital anomalies, stillbirths and abnormal conditions of newborns;
(2) To detect trends and epidemics in congenital anomalies, stillbirths and abnormal conditions of newborns;
(3) To quantify morbidity and mortality of congenital anomalies and abnormal conditions of newborns;
(4) To stimulate epidemiological research regarding congenital anomalies, stillbirths and abnormal conditions of newborns;
(5) To identify risk factors for congenital anomalies, stillbirths and abnormal conditions of newborns;
(6) To facilitate intervention in and prevention of congenital anomalies, stillbirths and abnormal conditions of newborns;
(7) To facilitate access to treatment for congenital anomalies and abnormal conditions of newborns;
(8) To inform and educate the public about congenital anomalies, stillbirths and abnormal conditions of newborns.
2023 West Virginia Code › Chapter 16. Public Health › Article 40. Statewide Birth Defects Information System › §16-40-4. Confidentiality of Information

(a) Except as provided in this section, records received and information assembled by the birth defects information system pursuant to section two of this article are confidential medical records.
(b) (1) The commissioner may use information assembled by the system to notify parents, guardians and custodians of children with congenital anomalies or abnormal conditions of medical care and other services available for the child and family.
(2) The commissioner may disclose information assembled by the system with the written consent of the parent or legal guardian of the child who is the subject of the information.
(c) (1) Access to information assembled by the system is limited to the following persons and government entities:
(A) The commissioner;
(B) Authorized employees of the bureau; and
(C) Qualified persons or government entities that are engaged in demographic, epidemiological or similar studies related to health and health care provision.
(2) The commissioner shall give a person or government entity described in subparagraph (C), subdivision (1) of this subsection access to the system only for informational requests of data and only if the person or a representative of the person or government entity signs an agreement to maintain the system's confidentiality.
(3) The commissioner shall maintain a record of all persons and government entities given access to the information in the system. The record shall include all of the following information:
(A) The name of the person who authorized access to the system;
(B) The name, title and organizational affiliation of the person or government entity given access to the system;
(C) The dates the person or government entity was given access to the system; and
(D) The specific purpose for which the person or government entity intends to use the information.
(4) The record maintained pursuant to subdivision (3) of this subsection is a public record as defined in chapter twenty-nine-b of this code.
(5) A person who violates an agreement described in subdivision (2) of this subsection shall be denied further access to confidential information maintained by the commissioner.
(d) The commissioner may disclose information assembled by the system in summary, statistical or other form that does not identify particular individuals or individual sources of information.
2023 West Virginia Code › Chapter 16. Public Health › Article 40. Statewide Birth Defects Information System › §16-40-5. Parent or Legal Guardian May Require Removal of Information Concerning Child From System

(a) As used in this section, "local board of health" means a local board of health established under the provisions of article two of this chapter.
(b) A child's parent or legal guardian who wants information concerning the child removed from the birth defects information system shall request from the local board of health or the child's physician a form prepared by the commissioner. On request, a local board of health or physician shall provide the form to the child's parent or legal guardian. The individual providing the form shall discuss with the child's parent or legal guardian the information contained in the system. If the child's parent or legal guardian signs the form, the local board of health or physician shall forward it to the commissioner. On receipt of the signed form, the commissioner shall remove from the follow-up system any information that identifies the child. All personal identifying information may be removed from the record: Provided, That the record itself shall remain in the system for reporting and analysis purposes.
2023 West Virginia Code › Chapter 16. Public Health › Article 40. Statewide Birth Defects Information System › §16-40-6. Advisory Council

(a) Not later than thirty days after the effective date of this article, the commissioner shall appoint a council to advise on the establishment and implementation of the birth defects information system.
(b) The council shall include, at a minimum, persons representing each of the following interests:
(1) Obstetrics and gynecology;
(2) Pediatrics;
(3) Genetics;
(4) Epidemiology;
(5) Biostatistics;
(6) Hospital administration;
(7) The Department of Education;
(8) Parents of children with congenital anomalies or abnormal conditions;
(9) The march of dimes West Virginia state chapter; and
(10) The public.
(c) (1) Not later than thirty days after the initial appointments are made under subsection (b) of this section, the commissioner shall convene the first meeting of the council. In consultation with and with the approval of the council, the commissioner shall appoint, at the first meeting of the council, the chairperson and vice chairperson of the council from among the members of the council. The chairperson may call additional meetings as the chairperson considers appropriate.
(2) The council may establish rules of procedure as necessary to facilitate the council's orderly conduct of business.
(3) Council members serve without compensation but, to the extent funds are available, shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties.
(d) The council shall recommend to the commissioner a list of congenital anomalies and abnormal conditions of newborns to be reported to the system.
2023 West Virginia Code › Chapter 16. Public Health › Article 40. Statewide Birth Defects Information System › §16-40-7. Rules

Not later than July 1, 2003, the commissioner shall, in consultation with the council created under section six of this article, propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to do all of the following:
(1) Implement the birth defects information system;
(2) Specify the types of congenital anomalies and abnormal conditions of newborns to be reported to the system under section two of this article;
(3) Establish reporting requirements for information concerning diagnosed congenital anomalies and abnormal conditions of newborns;
(4) Establish standards that are required to be met by persons or government entities that seek access to the system; and
(5) Establish a form for use by parents or legal guardians who seek to have information regarding their children removed from the system and a method of distributing the form to local boards of health and to physicians. The method of distribution must include making the form available on the Internet.
2023 West Virginia Code › Chapter 16. Public Health › Article 40. Statewide Birth Defects Information System › §16-40-8. Reports by Commissioner

Prior to January 1, three years after the date a birth defects information system is implemented pursuant to this article, and by January 1, of each year after that, the commissioner shall prepare a report regarding the birth defects information system. The council created under section six of this article shall, not later than two years after the date a birth defects information system is implemented, specify the information the commissioner is to include in each report. The commissioner shall file the report with the Governor and the Joint Committee on Government and Finance.
2023 West Virginia Code › Chapter 16. Public Health › Article 41. Oral Health Improvement Act › §16-41-2. Oral Health Program and Director

(a) The commissioner of the Bureau for Public Health shall establish and maintain an oral health program.
(b) The commissioner of the Bureau for Public Health shall appoint a dentist licensed in this state as director of the oral health program who shall administer the program pursuant to the provisions of section three of this article.
2023 West Virginia Code › Chapter 16. Public Health › Article 41. Oral Health Improvement Act › §16-41-4. Receipt of Funds; Special Revenue Account

(a) The secretary of the Department of Health and Human Resources may, in his or her discretion, transfer funds from other programs within his or her control, to the special revenue account created in this section for the purposes established in this article.
(b) The director may apply for and receive for the oral health program any financial aid granted by any private, federal, state or local or other grant or source.
(c) There is hereby established in the State Treasury a special revenue account designated the "Oral Health Program Fund". All funds received by the director for the oral health program shall be deposited in the special revenue account.
(d) Moneys deposited in this fund shall be used exclusively to provide oral health services to accomplish the purposes of this article. Expenditures of moneys deposited in this fund are to be made in accordance with appropriation by the Legislature and in accordance with article three, chapter twelve of this code and upon fulfillment of the provisions of article two, chapter five-a of this code: Provided, That for the fiscal year beginning July 1, 2002, expenditures are authorized from deposits rather than pursuant to appropriation by the Legislature. The director may disburse funds from the special revenue account as required by this article.
2023 West Virginia Code › Chapter 16. Public Health › Article 42. Core Behavioral Health Crisis Services System › §16-42-1. Definitions

In this article the following words have the meanings indicated:
"988 Crisis Hotline Center" or "hotline center" means a state-identified center participating in the National Suicide Prevention Lifeline Network to respond to statewide or regional 988 calls.
"Commercial mobile radio service provider" or "CMRS provider" means cellular licensees, broadband personal communications services (PCS) licensees, and specialized mobile radio (SMR) providers, as those terms are defined by the Federal Communications Commission, which offer on a post-paid or prepaid basis or via a combination of those two methods, real-time, two-way switched voice service that is interconnected with the public switched network and includes resellers of any commercial mobile radio service.
"Crisis receiving and stabilization services" means facilities providing short-term (under 24 hours) with capacity for diagnosis, initial management, observation, crisis stabilization, and follow- up referral services to all persons in a home-like environment.
"Department" means the West Virginia Department of Health and Human Resources.
"Federal Communications Commission" or "FCC" means the federal governmental agency that regulates interstate and international communications by radio, television, wire, satellite, and cable in all 50 states, the District of Columbia, and U.S. territories. An independent U.S. government agency overseen by Congress, the Commission is the United States primary authority for communications law, regulation, and technological innovation.
"National Suicide Prevention Lifeline" or "NSPL" means the national network of local crisis centers that provides free and confidential emotional support to people in suicidal crisis or emotional distress 24 hours a day, seven days a week. Membership as an NSPL center requires nationally recognized certification which includes evidence-based training for all staff and volunteers in the management of calls.
"Peers" means individuals employed on the basis of their personal lived experience of mental illness and/or addiction and recovery who meet the states peer certification requirements where applicable.
"Secretary" means the Secretary of the West Virginia Department of Health and Human Resources.
"Substance Abuse and Mental Health Services Administration" means the agency within the U.S. Department of Health and Human Services that leads public health efforts to advance the behavioral health of the nation.
"988 Suicide Prevention and Mental Health Crisis Hotline" means the National Suicide Prevention Lifeline (NSPL) or its successor maintained by the Assistant Secretary for Mental Health and Substance Use under section 520E3 of the Public Health Service Act.
"Veterans Crisis Line" or "VCL" means Veterans Crisis Line maintained by the Secretary of Veterans Affairs under section 1720F(h) of Title 38, United States Code.
2023 West Virginia Code › Chapter 16. Public Health › Article 42. Core Behavioral Health Crisis Services System › §16-42-2. Designation of Crisis Hotline Centers

(a) Prior to July 1, 2022, the secretary shall designate a crisis hotline center or centers to provide crisis intervention services and crisis care coordination to individuals accessing the 988 suicide prevention and behavioral health crisis hotline from any jurisdiction within the state 24 hours a day, seven days a week.
(b) Designated hotline center(s) shall:
(1) Have an active agreement with the administrator of the National Suicide Prevention Lifeline (NSPL) for participation within the network;
(2) Meet NSPL requirements and best practices guidelines for operational and clinical standards;
(3) Utilize technology including chat and text that is interoperable between and across crisis and emergency response systems used throughout the state (911, EMS, other non-behavioral health crisis services, etc.);
(4) Have the authority to deploy crisis and outgoing services, and coordinate access to crisis receiving and stabilization services or other local resources as appropriate and according to guidelines and best practices established by the NSPL;
(5) Coordinate access to crisis receiving and stabilization services for individuals accessing the 988 suicide prevention and behavioral health crisis hotline through appropriate information sharing regarding availability of services; and
(6) Provide follow-up services to individuals accessing the 988 suicide prevention and behavioral health crisis hotline consistent with guidance and policies established by the NSPL.
(c) The department shall work in concert with the NSPL and VCL networks for the purposes of ensuring consistency of public messaging about 988 services.
(d) Designated hotline center(s) shall meet the requirements set forth by NSPL for serving high risk and specialized populations as identified by the Substance Abuse and Mental Health Services Administration, including training requirements and policies for transferring such callers to an appropriate specialized center or subnetworks within or external to the NSPL network.