reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 16. Public Health › Article 4C. Emergency Medical Services Act › §16-4C-8a. Courtesy Certification of Emergency Medical Services Personnel in Surrounding States

(a) It is the intention of the Legislature to permit individuals who have been certified as emergency medical services personnel in a state bordering West Virginia to serve as emergency medical services personnel in West Virginia.
(b) Beginning July 1, 2018, the Commissioner of the Bureau for Public Health shall establish a process by which a courtesy certification to serve as an emergency medical responder or emergency medical technician in this state may be issued to any person who satisfies the following requirements:
(1) Is certified as an emergency medical responder or emergency medical technician, or a similar certification, in good standing in a state bordering West Virginia;
(2) Complies with the application process and procedures established by the Commissioner of the Bureau for Public Health; and
(3) Submits any required fee.
(c) Issuance of a courtesy certification shall not be withheld by the Commissioner of the Bureau for Public Health based on an individual’s failure to satisfy the minimum eligibility requirements for emergency medical services personnel set forth in legislative rules promulgated pursuant to §16-4C-6 of this code.
(d) The Commissioner of the Bureau for Public Health shall propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code to implement the provisions of this section.
(e) Any courtesy certification issued pursuant to this section may be revoked at any time if the individual’s certification in the bordering state is restricted, revoked, or otherwise expires.
(f) Any courtesy certification issued pursuant to this section must be renewed biennially.
2023 West Virginia Code › Chapter 16. Public Health › Article 4C. Emergency Medical Services Act › §16-4C-10. Procedures for Hearing; Right of Appeal; Judicial Review

(a) Hearings are governed by the provisions of article five, chapter twenty-nine a of this code.
(b) The commissioner or director may conduct the hearing or elect to have an Administrative Law Judge conduct the hearing.
(c) If the hearing is conducted by an Administrative Law Judge, the Administrative Law Judge shall prepare a proposed written order at the conclusion of a hearing containing findings of fact and conclusions of law. The proposed order may contain proposed disciplinary actions if the commissioner or director so directs. The commissioner may accept, reject or modify the decision of the Administrative Law Judge.
(d) The commissioner or director has the authority to administer oaths, examine any person under oath and issue subpoenas and subpoenas duces tecum.
(e) If, after a hearing, the commissioner or director determines the licensee or holder of a certificate has violated any provision of this article or the legislative rules promulgated pursuant to this article, a formal written decision shall be prepared which contains findings of fact, conclusions of law and a specific description of the disciplinary actions imposed.
(f) The order of the Commissioner or director is final unless vacated or modified upon judicial review.
(g) Any licensee or certificate holder adversely affected by a final order made and entered by the commissioner or director is entitled to judicial review. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code apply to and govern the review with like effect as if the provisions of the section were set forth herein.
(h) The judgment of the circuit court is final unless reversed, vacated or modified on appeal to the Supreme Court of Appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code.
2023 West Virginia Code › Chapter 16. Public Health › Article 4C. Emergency Medical Services Act › §16-4C-11. Liability for Cost of Emergency Medical Service

Any patient who receives an emergency medical service and who is unable to give his or her consent to or contract for the service, whether or not he or she has agreed or consented to liability for the service, shall be liable in implied contract to the entity providing the emergency medical service for the cost thereof.
Any person who receives an emergency medical service upon his or her request for the service shall be liable for the cost thereof.
2023 West Virginia Code › Chapter 16. Public Health › Article 4C. Emergency Medical Services Act › §16-4C-12. Violations; Criminal Penalties

(a) When, as a result of an investigation under this article or otherwise, the commissioner or director has reason to believe that a licensee or certificate holder has committed a criminal offense, the commissioner or director may bring the information to the attention of an appropriate law-enforcement official.
(b) Any person who violates any law or rule or operates an ambulance with an insufficient number of emergency medical service personnel aboard when not lawfully permitted to do so, or who represents himself or herself as a certified emergency medical service personnel knowing the representation to be untrue, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000: Provided, That after July 1, 2010, the fine shall not be more than $5,000.
2023 West Virginia Code › Chapter 16. Public Health › Article 4C. Emergency Medical Services Act › §16-4C-13. Actions to Enjoin Violations; Injunctive Relief

Whenever it appears to the commissioner that any person has been or is violating or is about to violate any provision of this article or any final order of the commissioner, the commissioner may apply in the name of the state, to the circuit court of the county in which the violation or any part thereof has occurred, is occurring or is about to occur, for an injunction against the person and any other persons who have been, are or are about to be, involved in, or in any way participating in, any practices, acts or omissions, so in violation, enjoining the person or persons from any such violation. The application may be made and prosecuted to conclusion whether or not any such violation has resulted or shall result in prosecution or conviction under the provisions of section twelve of this article.
Upon application by the commissioner, the circuit courts of this state may by mandatory or prohibitory injunction compel compliance with the provisions of this article and all final orders of the commissioner.
The circuit court may issue a temporary injunction in any case pending a decision on the merits of any application filed.
The judgment of the circuit court upon any application permitted by the provisions of this section shall be final unless reversed, vacated or modified on appeal to the Supreme Court of Appeals. Any such appeal shall be sought in the manner and within the time provided by law for appeals from circuit courts in other civil cases.
2023 West Virginia Code › Chapter 16. Public Health › Article 4C. Emergency Medical Services Act › §16-4C-14. Services That May Be Performed by Emergency Medical Service Personnel

Notwithstanding any other provision of law, emergency medical service personnel may provide the services as determined by the commissioner by legislative rule pursuant to the provisions of article three, chapter twenty-nine-a of this code. Legislative rules governing provision of these services in a hospital emergency room setting shall be developed by the commissioner and shall include provisions allowing paramedics to function under the direct supervision of a registered professional nurse in a hospital emergency room setting. Provision of these services in an emergency room hospital setting shall not be initiated until a legislative rule establishing training requirements, standards and requirements for these functions is in effect. The Legislature therefore directs the commissioner to propose this legislative rule on or before July 1, 2006. Further, the Commissioner may promulgate this rule as an emergency rule pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code. Any rule so promulgated shall provide that paramedics are under the jurisdiction of the commissioner. The West Virginia Board of Registered Professional Nurses may propose legislative rules, pursuant to article three, chapter twenty-nine-a of the code relating to the scope of practice for nurses as those practices relates to overseeing these paramedics. The provisions of this section and any rules promulgated thereunder may not be construed to alter in any manner the duties, role or responsibilities of attending physicians regarding the providing and oversight of patient care.
2023 West Virginia Code › Chapter 16. Public Health › Article 4C. Emergency Medical Services Act › §16-4C-15. Powers of Emergency Medical Service Attendants, Emergency Medical Technicians-Basic and Emergency Medical Technicians-Paramedic During Emergency Communications Failures and Disasters

(a) In the event of a communications failure between the certified emergency medical services agency personnel, as defined in section three of this article, and the physician during an emergency situation, the certified personnel is authorized to deliver the services as authorized in section fourteen of this article.
(b) In the event of a disaster or other occurrence which renders the communication system ineffective for purposes of adequate individual direction between the physician and the certified emergency medical services agency personnel, the personnel may perform the services as authorized pursuant to the provisions of section fourteen and may release immediate control of the patient to any other emergency medical service personnel in order to provide immediate services to other patients affected by the disaster or other occurrence.
(c) In the event that services are provided under subsection (a) or (b) of this section, the emergency medical services personnel shall, within five days, provide a report to the commissioner, on the forms prescribed by him or her, of the services performed, the identity of the patient and the circumstances justifying the provision of the services. The commissioner may require any other information deemed necessary.
2023 West Virginia Code › Chapter 16. Public Health › Article 4C. Emergency Medical Services Act › §16-4C-16. Limitation of Liability; Mandatory Errors and Omissions Insurance

(a) Every person, corporation, ambulance service, emergency medical service provider, emergency ambulance authority, emergency ambulance service or other person which employs emergency medical service personnel with or without wages for ambulance service or provides ambulance service in any manner, shall obtain a policy of insurance insuring the person or entity and every employee, agent or servant, against loss from the liability imposed by law for damages arising from any error or omission in the provision of emergency medical services as enumerated by this article, in an amount no less than $1 million per incident.
(b) No emergency medical service personnel or emergency medical service provider is liable for civil damages or injuries in excess of the amounts for which the person or entity is actually insured, unless the damages or injuries are intentionally or maliciously inflicted.
(c) Every person or entity required by this section to obtain a policy of insurance shall furnish proof of the existence of the policy to the commissioner on or before January 1 of each calendar year.
(d) Any person or entity who fails to secure a policy of insurance before providing emergency medical services is not entitled to the limited liability created by subsection (b) of this section: Provided, That any physician, who gives instructions to emergency medical service personnel without being compensated, or who treats any patient transported in an ambulance or treats any patient prior to the transport, without being compensated, is entitled to the limited liability provided in subsection (b) of this section.
2023 West Virginia Code › Chapter 16. Public Health › Article 4C. Emergency Medical Services Act › §16-4C-17. Limitation of Liability for Failure to Obtain Consent

No emergency medical service personnel may be subject to civil liability, based solely upon failure to obtain consent in rendering emergency medical services to any individual regardless of age where the patient is unable to give his or her consent for any reason, including minority, and where there is no other person reasonably available who is legally authorized to consent to the providing of such care or who is legally authorized to refuse to consent to the providing of such care.
Nothing in this article may be construed to require medical treatment or transportation for any adult in contravention of his or her stated objection thereto upon religious grounds or pursuant to any living will or do not resuscitate orders: Provided, That the emergency medical service provider is actually aware of the living will or do not resuscitate order.
2023 West Virginia Code › Chapter 16. Public Health › Article 4C. Emergency Medical Services Act › §16-4C-18. Authority of Emergency Medical Service Personnel in Charge of Emergency Medical Services

When any department, agency or entity which provides emergency medical services under the authority of this article is responding to, operating at or returning from an emergency medical service, any emergency medical service personnel serving in the capacity of an emergency medical service line officer in charge, shall control and direct the providing of emergency medical services. The emergency medical service personnel serving in the capacity of an emergency medical service line officer shall determine whether a patient shall be transported from the emergency scene, determine what care shall be rendered prior to the transport, determine the appropriate facility to which the patient shall be transported, and otherwise fully direct and control the providing of emergency medical services and patient care under the direction of medical command.
Nothing included in this section may be construed to restrict or interfere with the authority of a fire officer in charge to supervise or direct those fire department personnel under his or her command or to restrict any person from entering a hazardous area for which the fire officer has assumed the responsibility.
2023 West Virginia Code › Chapter 16. Public Health › Article 4C. Emergency Medical Services Act › §16-4C-19. Obstructing or Causing Bodily Injury to Emergency Medical Service Personnel; Criminal Penalties

(a) It is unlawful for any person to intentionally obstruct or interfere with any emergency medical service agency personnel engaged in the act of delivering or administering emergency medical services. Any person violating the provisions of this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or confined in the county or regional jail for a period not more than one year, or both fined and confined.
(b) It is unlawful for any person to willfully cause bodily injury to any person designated to be an emergency medical personnel engaged in the act of delivering or administering emergency medical services. Any person violating the provisions of this subsection is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility not less than one nor more than ten years or fined not more than $5,000, or both fined and confined.
(c) Nothing in this section may be construed to prevent law-enforcement officials from controlling traffic and otherwise maintaining order at the scene of an accident, injury or illness where an emergency medical service agency is rendering services.
(d) No person may willfully fail or refuse to comply with a lawful order or direction of any emergency medical service agency personnel engaged in the act of delivering or administering emergency medical services, relating to directing, controlling or regulating traffic, so long as such order or direction is conveyed by a retro-reflective hand signing device. Any person violating the provisions of this subsection is guilty of a misdemeanor and, upon conviction thereof: (1) For a first offense shall be fined not more than $100; (2) for a second offense occurring within one year of a previous conviction shall be fined not more than $200; and (3) for a third and subsequent offense shall be fined not more than $500.
2023 West Virginia Code › Chapter 16. Public Health › Article 4C. Emergency Medical Services Act › §16-4C-20. Service Reciprocity Agreements for Mutual Aid

Any persons or entities providing lawful emergency medical services under the provisions of this article are hereby authorized in their discretion to enter into and renew service reciprocity agreements, for any period as they may deem advisable, with the appropriate emergency medical service providers, county, municipal or other governmental units or in counties contiguous to the State of West Virginia, in the state of Ohio, the commonwealth of Pennsylvania, the state of Maryland, the commonwealth of Virginia or the commonwealth of Kentucky, in order to establish and carry into effect a plan to provide mutual aid across state lines, through the furnishing of properly certified personnel and equipment for the provision of emergency medical services in this state and the counties contiguous to this state upon written approval by the commissioner.
No person or entity may enter into any such agreement unless the agreement provides that each of the parties to the agreement shall waive any and all claims against the other parties thereto, which may arise out of their activities outside of their respective jurisdictions under the agreement and shall indemnify and save harmless the other parties to the agreement from all claims by third parties for property damages or personal injuries which may arise out of the activities of the other parties to the agreement outside their respective jurisdictions under the agreement.
The commissioner is hereby authorized to enter into service reciprocity agreements with appropriate officials in other states for the purpose of providing emergency medical services to the citizens of this state by emergency medical service personnel properly certified in their respective state or states. A formal agreement between the commissioner and an authorized official of another state shall be in effect prior to the service being provided. Individual certification of other state emergency medical service personnel is not required for purposes of providing services to West Virginia citizens following the creation of the agreement by the responsible officials.
2023 West Virginia Code › Chapter 16. Public Health › Article 4C. Emergency Medical Services Act › §16-4C-21. Restriction for Provision of Emergency Medical Services by Out-of-State Emergency Medical Service Personnel or Providers of Emergency Medical Services

The commissioner may issue an order on his or her own motion upon written request of any emergency medical service provider or county commission in this state, to restrict an out-of-state provider of emergency medical services or an out-of-state emergency medical service personnel to a particular geographic area of the State of West Virginia or prohibit the provider or personnel from providing emergency medical services within the borders of this state when in the opinion of the commissioner the services are not required or do not meet the standards set forth herein or those established by rules as authorized by this article.
2023 West Virginia Code › Chapter 16. Public Health › Article 4C. Emergency Medical Services Act › §16-4C-22. Transportation of Unconscious or Otherwise Uncommunicative Patients

(a) Emergency medical service personnel shall transport critically ill or injured, unconscious or otherwise uncommunicative patients to the medical facility designated by the medical command physician.
(b) No person may have the right to direct emergency medical service personnel to transport a patient to a specific medical facility unless the person is the legal guardian, parent of a minor or has power of attorney for the critically injured or ill patient.
2023 West Virginia Code › Chapter 16. Public Health › Article 4C. Emergency Medical Services Act › §16-4C-23. Authority of the Commissioner to Make Rules

(a) The commissioner shall propose for promulgation, legislative rules pursuant to 29A-3-1
et seq
. of this code to carry out the purposes of this article.
(b) Notwithstanding the provisions of 16-4C-6(a) of this code, the commissioner shall propose for promulgation a legislative rule regulating fire department rapid response services, pursuant to 29A-3-1
et seq.
of this code which: (1) Establishes licensure and certification requirements for fire department rapid response services who charge for their services or transport patients; (2) incorporates necessary applicable emergency medical services requirements for licensure for "emergency medical services" as the requirements apply to fire departments and as defined in 16-4C-3(e) of this code; and (3) creates an exemption from licensure for certain fire departments who do not charge for their services or patient transport, but who provide rapid response services pursuant to an agreement with a licensed emergency medical services agency that addresses medical direction, training, quality assurance, and liability insurance.
2023 West Virginia Code › Chapter 16. Public Health › Article 4C. Emergency Medical Services Act › §16-4C-24. Emergency Medical Services Equipment and Training Fund; Establishment of Grant Program for Equipment and Training of Emergency Medical Service Providers and Personnel

(a) There is hereby created in the State Treasury a special revenue fund to be known as the Emergency Medical Services Equipment and Training Fund. Expenditures from the fund by the Office of Emergency Medical Services, Bureau for Public Health, Department of Health and Human Resources are authorized from collections. The fund may only be used for the purpose of providing grants to equip emergency medical services providers and train emergency medical services personnel, as defined in §16-4C-3 of this code. Any balance remaining in the fund at the end of any fiscal year does not revert to the General Revenue Fund but remains in the special revenue fund.
(b) The Commissioner of the Bureau for Public Health shall establish a grant program for equipment and training of emergency medical services providers and personnel. Such grant program shall be open to all emergency medical services personnel and providers, but priority shall be given to rural and volunteer emergency medical services providers.
(c) The Commissioner of the Bureau for Public Health shall propose legislative rules for promulgation in accordance with §29A-3-1 et seq. of this code to implement the grant program established pursuant to this section.
2023 West Virginia Code › Chapter 16. Public Health › Article 4C. Emergency Medical Services Act › §16-4C-25. Emergency Medical Services Salary Enhancement Fund

(a) There is hereby created in the State Treasury a special revenue fund designated and known as the Emergency Medical Services Salary Enhancement Fund which is an interest- and earnings-accumulating account. The fund is established to support supplementing the salaries of, and providing crisis response for, county emergency medical service personnel as that term is defined in 16-4C-3(g) of this code or a county designated or contracted emergency medical service provider and all moneys must be spent to support increasing salaries of emergency medical service workers and providing crisis response to encourage retention. The fund consists of moneys appropriated by the Legislature, grants, gifts, devises, and donations from any public or private source. All interest and other returns derived from the deposit and investment of moneys in the Emergency Medical Services Salary Enhancement Fund shall be credited to the fund. Any balance, including accrued interest and other returns, remaining in the fund at the end of each fiscal year shall not revert to the General Revenue Fund but shall remain in the fund and be expended as provided in this section. The Director of the West Virginia Office of Emergency Medical Services shall administer the fund.
(b) The Director of the Office of Emergency Medical Services shall propose legislative rules for promulgation and promulgate emergency rules pursuant to the provisions of 29A-3-15 of this code. These rules shall include a means of distributing any available funds to counties to accomplish the purpose of this section with an emphasis on the following factors:
(1) Counties who may demonstrate the most need;
(2) Counties that have a special levy for emergency medical services;
(3) Counties that have reached the maximum allowable rate on regular levies; and/or
(4) Counties that have a challenge recruiting and retaining emergency medical services personnel due to interstate competition.
(c) The Office of Emergency Medical Services shall prepare an annual report to the Legislative Oversight Commission on Health and Human Resources Accountability. The report shall provide:
(1) A county-by-county accounting of how the funds were distributed;
(2) An accounting by county of the number of emergency medical service workers receiving a salary enhancement; and
(3) Recommendations for continued funding.
The first report is due by July 1, 2024, and annually thereafter.
2023 West Virginia Code › Chapter 16. Public Health › Article 4D. Automated External Defibrillators › §16-4D-1. Purpose and Findings

(a) The West Virginia Legislature hereby finds and declares that each year more than two hundred fifty thousand Americans die from out-of-hospital incidents of sudden cardiac arrest. More than ninety-five percent of these incidents result in death and, in many cases, death occurs because properly trained persons with life-saving automated external defibrillators arrive at the scene too late.
(b) The American Heart Association estimates that more than twenty thousand deaths could be prevented each year if early defibrillation were more widely available.
(c) Many communities around the country have invested in 911 emergency notification systems and emergency medical services, including well-trained emergency personnel and ambulance vehicles. However, in many communities, there are not enough strategically placed automated external defibrillators and persons trained to properly operate them.
(d) It is, therefore, the intent of this Legislature to improve access to early defibrillation by encouraging the establishment of automated external defibrillator programs in careful coordination with the emergency medical services system.
2023 West Virginia Code › Chapter 16. Public Health › Article 4D. Automated External Defibrillators › §16-4D-2. Definitions

(a) "Anticipated operator" means any person trained in accordance with section three of this article who utilizes an automated external defibrillator which was placed through an early defibrillation program.
(b) "Automated external defibrillator", hereinafter referred to as AED, means a medical device heart monitor and defibrillator that: (1) Has undergone the premarket approval process pursuant to the Federal Food, Drug and Cosmetic Act, 21 U.S.C. §360, as amended; (2) is capable of recognizing the presence or absence of ventricular fibrillation; (3) is capable of determining, without intervention by the operator, whether defibrillation should be performed; and (4) upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual's heart.
(c) "Early defibrillation program" means a coordinated program that meets the requirements of section three of this article and one that provides early public access to defibrillation for individuals experiencing sudden cardiac arrest through the use of an automated external defibrillator.
(d) "Emergency medical services (EMS)" means all services established by the Emergency Medical Services Act of 1973 in article four-c of this chapter, including, but not limited to, the emergency medical services plan of the Department of Health and Human Resources providing a response to the medical needs of an individual to prevent the loss of life or aggravation of illness or injury.
(e) "Entity" means a public or private group, organization, business, association or agency that meets the requirements of section three of this article. "Entity" does not include emergency medical services operational programs or licensed commercial ambulance services.
(f) "Medical director" means a duly licensed physician who serves as the designated medical coordinator for an entity's early defibrillation program.
(g) "Unanticipated operator" means any person rendering emergency medical care involving the use of an AED.
2023 West Virginia Code › Chapter 16. Public Health › Article 4D. Automated External Defibrillators › §16-4D-3. Early Defibrillation Programs

An entity providing an early defibrillation program shall:
(1) Register the program with the Office of Emergency Medical Services, pursuant to article four-c of this chapter, identifying the placement of AEDs, training of anticipated operators, preplanned EMS system coordination, designation of a medical director, maintenance of AED equipment and reports of AED utilization;
(2) Require the anticipated operator of an AED to receive appropriate training in cardiopulmonary resuscitation, referred to as "CPR", in the operation of an AED and in the determination of advance directives from the American Heart Association, American Red Cross, any other nationally recognized course in CPR and AED or an AED and CPR training program approved by the Office of Emergency Medical Services;
(3) Maintain and test the AED in accordance with the manufacturer's guidelines and keep written records of this maintenance and testing;
(4) Designate a medical director for the coordination of the program, which shall include, but not be limited to, training, coordinating with EMS, creating AED deployment strategies and reviewing each operation of an AED;
(5) Notify the local EMS system and public safety answering point or other appropriate emergency dispatch center of the existence of an entity's early defibrillation program, the location of the program and the program's plan for coordination with the EMS system;
(6) Provide that an operator of an AED who renders emergency care or treatment on a person experiencing cardiac arrest shall activate the EMS system as soon as possible and shall report the use of an AED to the program medical director; and
(7) Comply with the guidelines of the West Virginia Office of Emergency Medical Services regarding data collection and reporting.
2023 West Virginia Code › Chapter 16. Public Health › Article 4D. Automated External Defibrillators › §16-4D-4. Limitation on Liability

A person is not liable for civil damages as a result of any act or omission in rendering emergency medical care or treatment involving the use of an AED if the care or treatment does not amount to gross negligence and the following conditions are met:
(1) The person, entity, certified trainer or medical director of the early defibrillation program is in compliance with the provisions of section three of this article; and
(2) The person is an anticipated operator of an AED who gratuitously and in good faith rendered emergency medical care, pursuant to the requirements of section three of this article, other than in the ordinary course of the person's employment or profession as a health care provider, as defined in section two, article two-d of this chapter; or
(3) The person is an unanticipated operator who gratuitously and in good faith rendered emergency medical care.
2023 West Virginia Code › Chapter 16. Public Health › Article 4E. Uniform Maternal Screening Act › §16-4E-1. Legislative Findings

The Legislature finds that there is a need for a more comprehensive and uniform approach to any screening conducted by physicians and midwives to discover at-risk and high-risk pregnancies. A uniform approach would simplify the process, standardize the procedure and better identify those pregnancies that need more in-depth care and monitoring. Additionally, a uniform application would provide better and more measurable data regarding at-risk and high-risk pregnancies. This would allow public health officials to gain a better understanding of those conditions that are most frequently observed and to develop methodology to address those concerns.
2023 West Virginia Code › Chapter 16. Public Health › Article 4E. Uniform Maternal Screening Act › §16-4E-2. Establishment of an Advisory Council on Maternal Risk Assessment

(a) There is hereby created within the Department of Health and Human Resources, Bureau for Public Health, Office of Maternal, Child and Family Health the advisory council on maternal risk assessment to provide assistance in the development of a uniform maternal risk screening tool.
(b) The Office of Maternal, Child and Family Health is charged with convening the advisory council at least annually and providing administrative and technical assistance to the advisory council as needed. The members of the advisory council shall be appointed by the Commissioner of the Bureau for Public Health.
(c) The advisory council shall be comprised of:
(1) At least one private provider of maternity services;
(2) At least one public provider of maternity services;
(3) One representative from each of the state's three medical schools;
(4) The Commissioner of the Bureau for Public Health or his or her designee;
(5) The Director of the Office of Maternal, Child and Family Health or his or her designee;
(6) At least one representative of a tertiary care center;
(7) At least one representative of a facility with a level I or II obstetrical unit;
(8) At least one certified nurse midwife;
(9) At least one allopathic or osteopathic physician who is a private provider of maternity services at a facility with a level I or level II obstetrical unit.
2023 West Virginia Code › Chapter 16. Public Health › Article 4E. Uniform Maternal Screening Act › §16-4E-3. Responsibilities of the Advisory Council on Maternal Risk Assessment

This advisory council shall:
(a) Advise the Bureau for Public Health, Office of Maternal, Child and Family Health with respect to the implementation of this article;
(b) Offer expert advice to the Office of Maternal, Child and Family Health on the development of a uniform risk screening tool and review the tool at least annually to offer suggested updates based upon current medical knowledge;
(c) Provide comments to the Office of Maternal, Child and Family Health on any legislative rules necessary for the accomplishment of any requirements of this article; and
(d) Develop in conjunction with the Office of Maternal, Child and Family Health a statistical matrix to measure incidents of high-risk and at-risk pregnancies for planning purposes by public health officials.
2023 West Virginia Code › Chapter 16. Public Health › Article 4E. Uniform Maternal Screening Act › §16-4E-4. Legislative Rule-Making Authority

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. The legislative rules shall include a uniform maternal risk screening tool to identify women at risk for a preterm birth or other high-risk condition.
2023 West Virginia Code › Chapter 16. Public Health › Article 4E. Uniform Maternal Screening Act › §16-4E-5. Applicability of the Screening Tool

Once developed, all health care providers offering maternity services shall be required to utilize the uniform maternal risk screening tool in their examinations of any pregnant woman. Additionally they shall notify the woman of any high-risk condition which they identify along with any necessary referral and report the results to the Bureau for Public Health, Office of Maternal, Child and Family Health in the manner provided in the legislative rule.
2023 West Virginia Code › Chapter 16. Public Health › Article 4E. Uniform Maternal Screening Act › §16-4E-6. Confidentiality of Screening Tool

(a) The uniform maternal screening tool shall be confidential and shall not be released or disclosed to anyone, including any state or federal agency for any reason other than data analysis of high-risk and at-risk pregnancies for planning purposes by public health officials:
Provided,
That managed care organizations, with respect to their Medicaid or CHIP plans or contracts, which are reviewed and approved by the Department of Health and Human Resources Bureau for Medical Services, and the Department of Health and Human Resources Bureau for Medical Services may be provided data from the screening tool regarding their own covered members. The contracted managed care companies and the Bureau for Medical Services must maintain the confidentiality of the data received.
(b) Proceedings, records, and opinions of the advisory council are confidential and are not subject to discovery, subpoena, or introduction into evidence in any civil or criminal proceeding. Nothing in this subsection is to be construed to limit or restrict the right to discover, or use in any civil or criminal proceeding anything that is available from another source and entirely independent of the proceedings of the advisory council.
(c) Members of the advisory council may not be questioned in any civil or criminal proceeding regarding information presented in, or opinions formed as a result of, a meeting of the panel. Nothing in this subsection may be construed to prevent a member of the advisory council from testifying to information obtained independently of the panel or which is public information.
2023 West Virginia Code › Chapter 16. Public Health › Article 4F. Expedited Partner Therapy › §16-4F-1. Definitions

As used in this article, unless the context otherwise indicates, the following terms have the following meanings:
(1) “Department” means the West Virginia Department of Health and Human Resources.
(2) “Expedited partner therapy” means prescribing, dispensing, furnishing or otherwise providing prescription antibiotic drugs to the sexual partner or partners of a person clinically diagnosed as infected with a sexually transmitted disease without physical examination of the partner or partners.
(3) “Health care professional” means:
(A) An allopathic physician licensed pursuant to article three, chapter thirty of this code;
(B) An osteopathic physician licensed pursuant to article fourteen, chapter thirty of this code;
(C) A physician assistant licensed pursuant to section four, article three-e, chapter thirty of this code;
(D) An advanced practice registered nurse authorized with prescriptive authority pursuant to section fifteen-a, article seven, chapter thirty of this code; or
(E) A pharmacist licensed pursuant to article five, chapter thirty of this code.
(4) “Sexually transmitted disease” means a disease that may be treated by expedited partner therapy as determined by rule of the department.
2023 West Virginia Code › Chapter 16. Public Health › Article 4F. Expedited Partner Therapy › §16-4F-2. Expedited Partner Therapy

(a) Notwithstanding any other provision of law to the contrary, a health care professional who makes a clinical diagnosis of a sexually transmitted disease may provide expedited partner therapy for the treatment of the sexually transmitted disease if, in the judgment of the health care professional, the sexual partner is unlikely or unable to present for comprehensive health care, including evaluation, testing and treatment for sexually transmitted diseases. Expedited partner therapy is limited to a sexual partner who may have been exposed to a sexually transmitted disease within the previous sixty days and who is able to be contacted by the patient.
(b) Any health care professional who provides expedited partner therapy shall comply with all necessary provisions of article four of this chapter.
(c) A health care professional who provides expedited partner therapy shall provide counseling for the patient, including advice that all women and symptomatic persons, and in particular women with symptoms suggestive of pelvic inflammatory disease, are encouraged to seek medical attention. The health care professional shall also provide in written or electronic format materials provided by the department to be given by the patient to his or her sexual partner.
2023 West Virginia Code › Chapter 16. Public Health › Article 4F. Expedited Partner Therapy › §16-4F-3. Informational Materials

(a) The department shall provide information and technical assistance as appropriate to health care professionals who provide expedited partner therapy. The department shall develop and disseminate in electronic and other formats the following written materials:
(1) Informational materials for sexual partners, as described in subsection (c), section two of this article;
(2) Informational materials for persons who are repeatedly diagnosed with sexually transmitted diseases; and
(3) Guidance for health care professionals on the safe and effective provision of expedited partner therapy.
(b) The department may offer educational programs about expedited partner therapy for health care professionals.
2023 West Virginia Code › Chapter 16. Public Health › Article 4F. Expedited Partner Therapy › §16-4F-4. Limitation of Liability

(a) A health care professional who provides expedited partner therapy in good faith without fee or compensation under this article and provides counseling and written materials as required in subsection (c), section two of this article is not subject to civil or professional liability in connection with the provision of the therapy, counseling and materials, except in the case of gross negligence or willful and wanton misconduct. A health care professional is not subject to civil or professional liability for choosing not to provide expedited partner therapy.
(b) A pharmacist or pharmacy is not subject to civil or professional liability for choosing not to fill a prescription that would cause that pharmacist or pharmacy to violate any provision of article five, chapter thirty of this code.
2023 West Virginia Code › Chapter 16. Public Health › Article 4F. Expedited Partner Therapy › §16-4F-5. Rulemaking

The Secretary of the Department of Health and Human Resources shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code to designate certain diseases as sexually transmitted diseases which may be treated by expedited partner therapy. The department shall consider the recommendations and classifications of the federal Department of Health and Human Services, Centers for Disease Control and Prevention and other nationally recognized medical authorities in making these designations.
2023 West Virginia Code › Chapter 16. Public Health › Article 5. Vital Statistics › §16-5-2. Establishment of Section of Vital Statistics in Bureau for Public Health

(a) There is established in the state Bureau for Public Health a section of vital statistics which shall install, maintain and operate the only system of vital statistics throughout this state.
(b) The section of vital statistics shall be provided with sufficient staff, suitable offices with a fireproof vault and a nonliquid fire suppression system for the protection of paper records and magnetic media and other resources for the proper administration of the system of vital statistics and for the preservation and security of its official records.
2023 West Virginia Code › Chapter 16. Public Health › Article 5. Vital Statistics › §16-5-3. Department of Health and Human Resources to Propose Legislative Rules

(a) 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 to provide for:
(1) Adequate standards of security and confidentiality of vital records;
(2) Requirements for individuals in the state who may be designated by the state Registrar to aid in the administration of the system of vital statistics;
(3) Criteria for registration districts throughout the state;
(4) Requirements for the completion, filing, correction and amendment of certificates, reports and other documents required by this article;
(5) Requirements for registering a delayed certificate of birth, including provisions for dismissing an application which is not actively pursued;
(6) Inspection of evidence of adoption, annulment of adoption, legitimation or court determination of paternity;
(7) Completion of the medical certification of the cause of death;
(8) Record keeping requirements for receipt, removal, delivery, burial, cremation or other final disposition of a dead body or a fetus;
(9) Authorization for the disinterment and reinterment of a dead body or a fetus;
(10) Extension of prescribed time periods for the filing of certificates of death, reports of fetal death and authorizations for disposition and disinterment and reinterment, including authorization for disposition prior to filing a certificate of death;
(11) Disposal of original records from which permanent reproductions have been made;
(12) Disclosure of confidential information for administrative, statistical or research purposes;
(13) Release of records of birth, death, fetal death, marriage, divorce or annulment, subject to the provisions of section twenty-seven of this article;
(14) Authorization for preparing, issuing or obtaining copies of vital records;
(15) Requirements for matching and marking certificates of birth and death for the purpose of preventing the fraudulent use of birth certificates;
(16) Utilization of social security numbers to meet requirements of federal law;
(17) Requirements for a statewide system of registering, indexing and preserving records of marriage, divorce and annulment of marriage; and
(18) Any other purpose to carry out the requirements of this article.
(b) Any rules in effect as of the passage of this article will remain in effect until amended, modified, repealed or replaced, except that references to provisions of former enactments of this article are interpreted to mean provisions of this article.