reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-32 - Vital Statistics › Section 64-32-13 - Record Preservation

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1.
				When an authorized reproduction of a vital record has been properly prepared by
				the State Registrar and when all steps have been taken to ensure the continued
				preservation of the information, the record from which the authorized
				reproduction was made may be disposed of by the State Registrar. However, the
				State Registrar may not dispose of the record until the quality of the
				authorized reproduction has been tested to ensure that acceptable certified
				copies can be issued and until a security copy of the document has been placed
				in a secure location removed from the building where the authorized
				reproduction is housed. The State Registrar shall maintain the security copy in
				such a manner to ensure that it can replace the authorized reproduction should
				the authorized reproduction be lost or destroyed.
13.2. The State Registrar shall offer the
				original documents from which the authorized reproductions are made to the
				section of Archives and History of the Division of Culture and History -
				hereinafter known as the "State Archives". The State Archives may retain
				permanently the records provided if they adhere to the restrictions in the
				vital statistics law related to access to the records. If the State Archives
				does not wish to place the records in its files the State Registrar may destroy
				the documents in accordance with W. Va. Code and rules of the State Archives.
				The destruction shall be by approved methods for disposition of confidential or
				sensitive documents.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-32 - Vital Statistics › Section 64-32-14 - Disclosure and Protection of Integrity of Vital Records

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. The State Registrar, a local registrar
				or any other custodian of vital records shall not permit inspection of, or
				disclose information contained in, vital statistics records, or copy or issue a
				copy of all or part of any vital statistics record unless he or she is
				satisfied that the applicant is authorized to obtain a copy or abstract of the
				record.
14.1.a. Unless access to vital
				records would jeopardize acceptance by any agency of the federal government as
				specified in regulations promulgated under the Intelligence Reform Act or other
				similar provisions of federal law, in addition to applicants specified in W.
				Va. Code §
										16-5-28(a),
				the following persons or entities are authorized to obtain a copy or abstract
				of a vital record:
14.1.a.1. A person or
				entity who can prove that they have a direct and tangible interest in the
				content of the record and that the information contained in the record is
				necessary for the determination of a personal or property right.
14.1.a.2. In the case of birth records, the
				registrant, a member of his or her immediate family, his or her guardian, or
				their respective authorized representatives.
14.1.a.3. In the case of a death record, any
				immediate family member, any surviving relative who has a direct or tangible
				interest in the record, or their authorized representative.
14.1.a.4. In the case of a fetal death record
				or report, a parent listed on the record or his or her authorized
				representative.
14.1.a.5. In the
				case of marriage and divorce records, the parties married, their adult
				children, adult grandchildren and additional generations or their authorized
				representatives.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-32 - Vital Statistics › Section 64-32-15 - Copies of Data from Vital Records

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. The State Registrar, local registrars
				and other custodians authorized by W. Va. Code to produce certified copies of
				vital records may produce certified copies by mechanical, electronic, or other
				reproductive processes.
15.2. Each
				certified copy issued shall be certified as a true copy by the officer in whose
				custody the record is entrusted and shall include the date issued, the name of
				the issuing officer, the State Registrar's, local registrar's or another
				custodian's signature or an authorized facsimile thereof, and the seal of the
				issuing office. In addition, all certified copies of a birth record shall
				include at a minimum the following information: a certificate or file number or
				other indexing reference, the given name or names, the surname, a generational
				identifier, if any, the date of birth, the state and city or county of birth,
				the sex, the name of the parents when known, and the date of filing. In
				addition, all certified copies of a death record shall include at a minimum the
				following information: the given names, the surnames, a generational
				identifier, if any, the date of death, the date of birth or age, the state and
				city or county of death, the sex, and the date of filing.
15.3. All certified copies shall include the
				minimum security features required for acceptance by federal agencies as
				specified in regulations promulgated under the Information Reform Act or
				similar federal statutes and shall include:
15.3.a. Sensitized security paper;
15.3.b. A background security
				design;
15.3.c. A copy void
				pantograph; and
15.3.d. Consecutive
				numbering;
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-32 - Vital Statistics › Section 64-32-16 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
Unless specifically approved by the State Registrar or as
				  otherwise provided by W. Va. Code or rules, the State Registrar shall not issue
				  a certified or uncertified copy of a vital record until the fee for the copy is
				  received.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-32 - Vital Statistics › Section 64-32-17 - Persons Required to Keep Records

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Each funeral director shall keep a
				record containing, as a minimum, the following information about each dead body
				or fetus the funeral director handles:
17.1.a. The date, place, and time of
				receipt;
17.1.b. The date, place,
				and manner of disposition;
17.1.c.
				If the dead body or fetus is delivered to another funeral director, the date of
				the delivery and the name and address of the funeral director to whom it was
				delivered; and
17.1.d. The items
				required by the certificate of death for those deaths for which the funeral
				director was required to file the certificate.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-32 - Vital Statistics › Section 64-32-18 - Matching of Birth and Death Certificates

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. When carrying out the birth and death
				matching program, the State Registrar shall establish written guidelines which
				provide the standards for determining a match does exist. These standards shall
				specify the information about the decedent which should be available and which
				should be compared to the information on the birth certificate before a match
				can be made. These items include as a minimum whenever possible: the name of
				the decedent; the name of the father and the maiden name of the mother; the
				date of birth or age of the decedent; the state of birth of the decedent; and
				the marital status of the decedent. The State Registrar shall not establish a
				match unless there is documented proof of the fact of death.
18.2. Once a match of a birth and a death is
				established, the State Registrar shall post the date of death, the state where
				the death occurred, and the death certificate number to the birth certificate
				or to an electronic record which identifies the birth certificate.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-32 - Vital Statistics › Section 64-32-19 - Social Security Numbers to be Reported; No Good Cause for Refusal; Limitations on Use of Social Security Numbers

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. Persons or entities required under W.
				Va. Code or rules to report social security numbers to the section of vital
				statistics shall do so.
19.2.
				Unless a social security number has not been assigned, or absent other
				provisions of federal regulations, W. Va. Code or rules, there shall be no good
				cause for not furnishing a social security number.
19.3. Unless otherwise restricted by W. Va.
				Code or rules, the State Registrar may use a social security number obtained
				from the filing of a vital record for all purposes approved by the Social
				Security Administration.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-32 - Vital Statistics › Section 64-32-20 - Use of Names on Records

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. Birth
				Registration Generally.
20.1.a. Unless
				otherwise provided by W. Va. Code or rules, birth certificates shall be filed
				by the State Registrar with the name of the registrant provided by the parents
				to the person or entity required to file the birth certificate unless:
20.1.a.1. The mother was an unemancipated
				minor, in which case the registrant's surname may only be filed in the legal
				surname of the mother until paternity is established unless specifically
				allowed otherwise, in writing or by an approved electronic process, by the
				unemancipated minor's mother's parents or legal guardian or at the order of a
				court of competent jurisdiction; or
20.1.a.2. It is known the registrant will be
				placed for adoption in which case the certificate of birth shall be filed with
				the registrant's surname as either the legal surname or the maiden surname of
				the mother, as she directs; or
20.1.a.3. A court order from a court of
				competent jurisdiction exists that orders another name be registered;
				or
20.1.a.4. The name provided
				contains commonly recognized profanity or is otherwise demeaning, in which case
				the State Registrar shall only register the birth in the requested name by
				order of a court of competent jurisdiction.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-32 - Vital Statistics › Section 64-32-21 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. Those
				persons adversely affected by the enforcement of this rule desiring a contested
				case hearing to determine any rights, duties, interests, or privileges shall do
				so in a manner prescribed in the Rules of Procedure for Contested Case Hearings
				and Declaratory Rulings, 64CSR1.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-33 - Regulations for the Establishment of a Controlled Substances Therapeutic Research Program and the Certification of Patients, Practitioners and Hospital Pharmacies › Section 64-33-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope - The
				West Virginia Code, Chapter 16, Article 5A, Section 1, et sequentia, as amended
				mandates that the director of the state department of health execute and
				administer the diagnosis, treatment and care of persons suffering from cancer
				in accordance with the applicable laws, rules and regulations of the State of
				West Virginia. Chapter 16, Article 5A, 931, as amended further mandates the
				establishment of a controlled substances therapeutic research program.
1.2. Authority - W.Va. Code §
									16-5A-7(a)
1.3. Filing Date-April 15, 1983
1.4. Effective Date - May 16,1983
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-33 - Regulations for the Establishment of a Controlled Substances Therapeutic Research Program and the Certification of Patients, Practitioners and Hospital Pharmacies › Section 64-33-2 - Application and Inforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application - These legislative rules shall apply to all physicians,
				pharmacists, hospital pharmacies, health care facilities and patients that are
				qualified to participate in the hereinafter established controlled substances
				therapeutic research program.
2.2.
				Enforcement - The enforcement of these legislative rules is vested with the
				director of the West Virginia department of health or his lawful
				designee.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-33 - Regulations for the Establishment of a Controlled Substances Therapeutic Research Program and the Certification of Patients, Practitioners and Hospital Pharmacies › Section 64-33-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. West Virginia
				Department of Health - means the public corporation created and empowered by
				the West Virginia legislature to develop and to implement a coordinated and
				comprehensive continuum of health services in the state.
3.2. Director - means the chief executive
				officer and administrative head of the West Virginia department of health or
				his lawful designee.
3.3.
				Marihuana - means marihuana, tetrahydrocannabinols or a chemical derivative of
				tetrahydrocannabinol.
3.4.
				Practitioners - means a physician licensed to prescribe and to administer drugs
				which are subject to the controlled substance act.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-33 - Regulations for the Establishment of a Controlled Substances Therapeutic Research Program and the Certification of Patients, Practitioners and Hospital Pharmacies › Section 64-33-4 - Controlled Substances Therapeutic Research Program Established

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. In accordance
				with Chapter 16, Article 5A, Section 7 of the Code of West Virginia, 1931, as
				amended, there is established a controlled substances therapeutic research
				program for the benefit of cancer chemotherapy patients who are certified to
				the patient qualification review board, as hereinafter described, by a
				qualified practioner as being involved in a life-threatening or
				sense-threatening situation and who are not responding to conventional
				controlled substances or where the conventional controlled substances
				administered have proven to be effective, but where the patient has incurred
				severe side effects.
4.2. Such
				controlled substances therapeutic research program shall be conducted in
				accordance with all applicable federal and state laws and all applicable
				federal and state rules and regulations.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-33 - Regulations for the Establishment of a Controlled Substances Therapeutic Research Program and the Certification of Patients, Practitioners and Hospital Pharmacies › Section 64-33-5 - Patient Qualification Review Board Established

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. In accordance with Chapter 16, Article
				5A, Section 8, of the West Virginia Code of 1931, as amended there is
				established a Patient Qualification Review Board.
5.2. The director shall appoint a Patient
				Qualification Review Board comprised of a physician licensed to practice
				medicine in West Virginia and certified by the American Board of Opthalmology;
				a physician licensed to practice medicine in West Virginia and certified by the
				American Board of internal medicine and also certified in the subspecialty of
				medical oncology or hematology; and a physician licensed to practice medicine
				in WestVirginia and certified by the American Board of Psychiatry.
5.3. Such appointed physicians shall serve at
				the will and pleasure of the director.
5.4. The patient qualification review board
				shall review all applicants for the controlled substances therapeutic research
				program and their licensed practitioners and certify their participation in the
				program. Furthermore, such review board shall additionally certify
				practitioners and licensed pharmacies for participation regarding the
				distribution of marihuana pursuant to Chapter 16, Article 5A, Section 9, of the
				West Virginia Code of 1931, as amended.
5.5. The patient qualification review board
				may include other disease groups for participation in the controlled substances
				therapeutic research program after pertinent medical data has been presented by
				a practitioner to both the director and the patient qualification review board.
5.6. Members of the patient
				qualification review board may be reimbursed for their attendance at meetings
				at the rate of forty dollars per day. Furthermore, such review board members
				may be reimbursed for mileage and travel expenses in accordance with the travel
				rules and regulations of the State of West Virginia and in a format prescribed
				by the West Virginia department of health. The director may reimburse these
				expenses from sources of funds available to the department of health.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-33 - Regulations for the Establishment of a Controlled Substances Therapeutic Research Program and the Certification of Patients, Practitioners and Hospital Pharmacies › Section 64-33-7 - Participating Pharmacy Qualifications

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The patient qualification review board
				shall review and certify licensed pharmacies for participation in the
				controlled substances therapeutic research program.
7.2. Each licensed pharmacy desiring to
				participate in the controlled substances therapeutic research program shall
				apply to the patient qualification review board in a format prescribed by such
				board.
7.3. The patient
				qualification review board shall limit the certification of pharmacies to those
				pharmacies that are affiliated with hospitals providing chemotherapy services.
				Furthermore, such hospital pharmacies shall be open during the regular business
				hours of the hospital with a registered pharmacist on duty during the hours of
				such operation.
7.4. The hospital
				pharmacy shall comply with all federal and state laws, rules and regulations
				relating to the security and dispensing of Schedule I controlled substances.
				Furthermore, such participating hospital pharmacies shall be inspected by the
				director of the West Virginia Department of Health or his lawful designee at
				least annually to insure compliance with applicable security regulations.
				Furthermore, such participating hospital pharmacies may be inspected by
				agencies of the federal government as necessary, to insure compliance with
				security and dispensing regulations.
7.5. The patient qualification review board
				shall issue a certificate of registry to each hospital pharmacy meeting the
				requirements of these rules and regulations. The patient qualification review
				board may revoke such certificate of registry for good cause shown. Those
				affected hospital pharmacies, desiring a public hearing shall do so in the
				manner prescribed in and by the Rules of Procedure for Contested Case Hearings
				and Declaratory Rulings, West Virginia Department of Health Procedural Rules,
				Series 1, 1983. The aforementioned rules of procedure are incorporated herein
				by reference.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-33 - Regulations for the Establishment of a Controlled Substances Therapeutic Research Program and the Certification of Patients, Practitioners and Hospital Pharmacies › Section 64-33-8 - Confidentiality and Report

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. All
				records of the identity, diagnosis, prognosis or treatment of any patient which
				are maintained pursuant to the provision of these rules and regulations shall
				be confidential. The release of such information shall be effected by court
				order, subpoena duces tecum, or by the written verified authorization of the
				patient.
8.2. The proceedings of
				the patient qualification review board shall be closed to the public in
				accordance with the provisions of Chapter 6. Article 9A, Section 4, or the West
				Virginia Code of 1931. as amended unless specifically requested by the
				practitioner, the hospital pharmacy or the patient whose cases are under review
				and consideration. Such request for an open meeting shall be submitted in
				writing and made a part of the record.
8.3. Pursuant to the provision of Chapter 16,
				Article 5B, Section 10 of the West Virginia Code of 1931, as amended, the
				director in conjunction with the patient qualification review board shall
				annually report his findings and recommendations to the governor and the
				legislature regarding the effectiveness of the controlled substances
				therapeutic research program.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-33 - Regulations for the Establishment of a Controlled Substances Therapeutic Research Program and the Certification of Patients, Practitioners and Hospital Pharmacies › Section 64-33-9 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
If any provisions of these rules or the application thereof
				  to any person or circumstance shall be held invalid, such invalidity shall not
				  affect the provisions or application of these rules which can be given effect
				  without the invalid provisions or application, and to this end the provisions
				  of these rules are declared to be severable.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-34 - Grade "A" Pasteurized Milk › Section 64-34-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the minimum requirements for the production,
				transportation, processing, handling, sampling, examination, labeling, and sale
				of Grade "A" milk and milk products, imitation milk and imitation milk
				products, and non-dairy products; the inspection of dairy farms, milk plants,
				receiving stations, transfer stations, milk tank truck cleaning facilities,
				milk tank trucks and bulk milk haulers/samplers; the issuing, suspension, and
				revocation of permits to milk producers, bulk milk haulers/samplers, milk tank
				trucks, milk transportation companies, milk plants, receiving stations,
				transfer stations, milk tank truck cleaning facilities, haulers, and
				distributors, and the fixing of penalties.
1.2. Authority. -- W. Va. Code §§
									16-1-4
				and
				16-7-5.
1.3. Filing Date. -- July 12, 2013.
1.4. Effective Date. -- August 12,
				2013.
1.5. Applicability. -- This
				rule applies to every person, as defined in this rule, who in any manner
				establishes, conducts, controls, manages, maintains, owns, or operates a
				facility included under the scope of this rule.
1.6. Enforcement. -- This rule is enforced by
				the Commissioner of the Bureau for Public Health.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-34 - Grade "A" Pasteurized Milk › Section 64-34-2 - Incorporation By Reference of Federal Model Grade "A" Pasteurized Milk Ordinance

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The
				following portions of the Grade "A" Pasteurized Milk Ordinance, 2011Revision,
				as published by the U.S. Department of Health and Human Services, Public Health
				Service, Food and Drug Administration, including administrative procedures,
				public health reasons, tables and illustrations, are incorporated by reference:
2.1.a. Section 1. Definitions.
2.1.a.1. Except that definition "LL.
				Regulatory Agency" means the Commissioner, Bureau for Public Health, West
				Virginia Department of Health and Human Resources, or his or her designee. The
				term "regulatory agency" also means the appropriate agency having jurisdiction
				and control over matters embraced within this rule.
2.1.a.2. The following definitions are added
				to Section 1:
2.1.a.2.A. "TT. Imitation Milk
				and Imitation Milk Products and Non-Dairy Products -- Products manufactured
				from vegetable fats,oils or derivatives other than milk fat and milk
				solids."
2.1.a.2.B. "UU.
				Adulterated Milk and Milk Products -- Any milk or milk product is adulterated
				(1) if it bears or contains any poisonous or deleterious substance in a
				quantity which may render it injurious to health; (2) if it bears or contains
				any added poisonous or deleterious substance for which no safe tolerance has
				been established by State or Federal rules or regulations, or in excess of
				those tolerances, if any have been established; (3) if it consists, in whole or
				in part, of any substance unfit for human consumption; (4) if it has been
				produced, processed, prepared, packaged, or held under insanitary conditions;
				(5) if its container is composed, in whole or in part, of any poisonous or
				deleterious substance which may render the contents injurious to health; or (6)
				if any substance has been added to the milk or milk product or mixed or packed
				with the milk or milk product so as to increase its bulk or weight, or reduce
				its quality or strength, or make it appear better or of greater value than it
				is."
2.1.a.2.C. "VV. Misbranded
				Milk and Milk Products -- Any milk or milk products is misbranded:
(1) when the container bears or accompanies
				any false or misleading written, printed or graphic matter;
(2) when the milk or milk product does not
				conform to the definition of the same contained in this rule; and
(3) when the container is not labeled in
				accordance with this rule."
2.1.a.3. The following statement is added to
				Definition Z. Milk Products: "This definition includes cottage cheese and dry
				curd cottage cheese and any other products designated as a milk product by the
				regulatory agency."
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-34 - Grade "A" Pasteurized Milk › Section 64-34-3 - Imitation Milk and Imitation Milk Products and Non-Dairy Products

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. All plants
				processing imitation milk, imitation milk products or non-dairy products in
				West Virginia shall comply with the applicable requirements of Subdivisions
				2.1.g, 2.1.j, 2.1.m, and 2.1.n of this rule.
3.2. All products and ingredients used in the
				manufacture of imitation milk, imitation milk products or non-dairy products
				shall be clean, safe and wholesome. Finished products shall meet the
				bacteriological standards established in this rule for pasteurized milk and
				milk products.
3.3. Imitation milk,
				imitation milk products and non-dairy products shall be processed after the
				completion of the day's processing and bottling or packaging of all Grade "A"
				milk or milk products. If operational practices require that the products be
				processed during other periods, all food contact equipment and piping common to
				the products shall be disassembled, cleaned and sanitized or cleaned and
				sanitized by an approved clean-in-place system before processing or allowing
				Grade "A" milk or milk products to come in contact with equipment or
				piping.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-34 - Grade "A" Pasteurized Milk › Section 64-34-4 - Clarification of Interstate Responsibilities

Current through Register Vol. XLI, No. 28, July 12, 2024
The Commissioner may enter into written agreements with the
				  Regulatory Agency of states neighboring West Virginia for the purpose of
				  clarifying regulatory responsibilities when a facility falling under the scope
				  of this rule operates concurrently in West Virginia and the neighboring
				  state.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-34 - Grade "A" Pasteurized Milk › Section 64-34-5 - Penalty for Violating Provisions of Rule

Current through Register Vol. XLI, No. 28, July 12, 2024
Any person violating any of the provisions of this rule, or
				  orders issued pursuant to this rule, is punishable by a fine of not less than
				  fifty dollars ($50.00) nor more than five hundred dollars ($500.00) as provided
				  under W. Va. Code §
									16-1-18.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-34 - Grade "A" Pasteurized Milk › Section 64-34-6 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
Any person adversely affected by the enforcement of this rule
				  desiring a contested case hearing to determine any rights, duties, interests,
				  or privileges shall do so in accordance with the Bureau for Public Health rule,
				  "Rules and Procedures for Contested Case Hearings and Declaratory Rulings",
				  64CSR1.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-35 - Regulations for the Instillation of Medication in the Eyes of the Newborn and the Dissemination of Advice and Information Concerning the Dangers of Inflammation of the Eyes of the Newborn › Section 64-35-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - These
				legislative rules establish general rules for the instillation of medication in
				the eyes of the newborn and the dissemination of advice and information
				necessary for the prompt and effective treatment of inflammation of the eyes of
				the newborn.
1.2. Authority. - W.
				Va. Code §
									16-3-12
1.3. Filing Date. - April 29,1983
1.4. Effective Date. - May 30. 1983
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-35 - Regulations for the Instillation of Medication in the Eyes of the Newborn and the Dissemination of Advice and Information Concerning the Dangers of Inflammation of the Eyes of the Newborn › Section 65-35-2 - Application and enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
Application. - These legislative rules shall apply to any physician,
				surgeon, obstetrician, midwife, nurse, manager or person in charge of a
				maternity home or hospital or birthing center, parent, relative or person
				attending upon or assisting at the birth of an infant.
2.2.
Enforcement - The enforcement of
				these legislative rules is vested with the director of health. The director
				shall report any and all violations of the public health laws or these rules
				and regulations that may come to his attention to the prosecuting attorney of
				the county wherein such violations may have occurred. The director shall assist
				the prosecuting attorney in any way possible in the prosecution of such
				violations.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-35 - Regulations for the Instillation of Medication in the Eyes of the Newborn and the Dissemination of Advice and Information Concerning the Dangers of Inflammation of the Eyes of the Newborn › Section 65-35-3 - Appropriate medications for instillation in the eyes of the newborn - list established

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				director of the West Virginia department of health shall establish a list of
				appropriate medications for the prevention of inflammation of the eyes of the
				newborn. The list of the approved medications shall be kept current and shall
				be distributed to appropriate health care facilities and individuals who attend
				upon or assist at the birth of an infant.
3.2. The director shall periodically publish
				and promulgate such further advice and information concerning the dangers of
				inflammation of the eyes of the newborn as is necessary for prompt and
				effective treatment. Such advice and information may include recommended
				treatments and particular effects and possible side effects of the approved
				medications.
3.3. The list of
				approved medications, together with recommended dosages and the particular
				effects and possible side effects of the approved medications shall be filed in
				the State Register. Furthermore, the list shall be reviewed annually to insure
				the currency of the approved medications. The director may add or remove any
				approved medications from the list by serving notice upon those health care
				facilities and those individuals who attend upon or assist at the birth of an
				infant. Such notice shall contain the reason or reasons for such addition or
				removal and shall become effective upon filing in the State Register.
3.4. The director shall furnish copies of
				sections seven - thirteen, article three, chapter sixteen of the West Virginia
				Code and a copy of these rules and regulations to all physicians and midwives
				who may be engaged in the practice of obstetrics or assisting at childbirth.
				Such distribution shall occur at least biennially. Amendments to the statutory
				or the regulatory documents shall be distributed, as necessary, to comply with
				the intent of these regulations. Copies of such statutes and regulations may be
				obtained at any time, upon request to the director.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-35 - Regulations for the Instillation of Medication in the Eyes of the Newborn and the Dissemination of Advice and Information Concerning the Dangers of Inflammation of the Eyes of the Newborn › Section 64-35-4 - Proper records required cases investigated annual report to the governor

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The director
				shall keep a proper record of any and all cases of inflammation of the eyes of
				the newborn of which reports are filed pursuant to law, or which may come to
				his attention in any way. The director shall report such cases to the governor
				in the director's annual report.
4.2. The director shall cause the county
				health officer or local health officer pursuant to the provisions of Section 1,
				Article 2, Chapter 16 or Section I. Article 2(a), Chapter 16 of the West
				Virginia Code to investigate pursuant to law any and all reported cases of
				inflammation of the eyes of the newborn, and any other cases of newborn eye
				inflammation that may come to his attention. The county health officer or local
				health officer shall report the results of such investigation(s) to the
				director as necessary in a format prescribed by the director.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-35 - Regulations for the Instillation of Medication in the Eyes of the Newborn and the Dissemination of Advice and Information Concerning the Dangers of Inflammation of the Eyes of the Newborn › Section 64-35-5 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
If any provisions of these rulesor the application thereof to
				  any person or circumstance shall be held invalid, such invalidity thereof shall
				  not affect the provisions or application of these rules which can be given
				  effect without the invalid provisions or application, and to this end the
				  provisions of these rules are declared to be severable.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-37 - Health Facilities Plan For The Fiscal Years 1985-89 › Section 64-37-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These interpretive rules establish a five year health facilities plan for
				utilization of funds from the hospital services revenue account for the purpose
				of improving the delivery of health and mental health services at state health
				and mental health facilities, for maintaining or obtaining certification for
				such facilities, and for development and revision of the plan.
1.2. Authority. -- W. Va. Code ''16-1-15a,
				26-11 and 27-2.
1.3. Filing Date.
				-- March 7, 1984.
1.4. Effective
				Date. -- April 6, 1984.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-37 - Health Facilities Plan For The Fiscal Years 1985-89 › Section 64-37-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Developmental
				Disability - A severe, chronic disability of a person which:
(a) is attributable to a mental or physical
				impairment or a combination of mental and physical impairment;
(b) is manifested before the person attains
				age twenty-two (22);
(c) is likely
				to continue indefinitely;
(d)
				results in substantial functional limitations; and
(e) reflects the person's need for a
				combination and sequence of special, interdisciplinary, or generic care,
				treatment or other services which are individually planned and
				coordinated.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-37 - Health Facilities Plan For The Fiscal Years 1985-89 › Section 64-37-3 - The Planning Process

Current through Register Vol. XLI, No. 28, July 12, 2024
At the present time, the director of the department of health
				  has chosen to commit a major portion of its planning for both physical
				  facilities and programming to complying with two recent court decisions. These
				  two decisions are:
(a) E. H., et al
				versus Khan Matin, M.D., etc., et aland
(b) Medley et al versus Ginsberg et al
				(supra). Of the two, E. H. v. Matin has had a greater and more immediate effect
				on department planning efforts, as it is extremely broad and has major
				implications for facility construction, alteration and renovation by the
				department as well as for programmatic planning. Details of the actions to be
				taken by the health department in response to E. H. v. Matin are set forth in
				the West Virginia Behavioral Health Care Delivery System Plan. The Delivery
				System Plan details department policies, and actions and other matters not
				relevant for this facility plan. Mandates of the Delivery System Plan which are
				relevant for this five (5) year plan are incorporated herein.
Additional planning efforts are directed toward:
(1) attaining and maintaining certification
				for reimbursement under the federal medicare and medicaid programs;
(2) complying with life-safety requirements
				as determined necessary by the state fire marshal; and
(3) implementing various projects related to
				increasing the energy efficiency of the state health and behavioral health care
				facilities.
All improvements and projects developed under the Delivery
				  System Plan are subject to review by the advocates for the plaintiffs in E. H.
				  v. Matin, a court-appointed monitor of the execution of the Delivery System
				  Plan and an implementation team for the Delivery System Plan, which consists of
				  health department facility administrators and central office staff.
				  Additionally, the projects funded under this plan are subject to review under
				  the West Virginia Certificate of Need Law, found at Chapter 16, Article 2D,
				  Section 1 et seq. of the West Virginia Code and under Section 1122 of the
				  Federal Social Security Act. Also included in the planning process are certain
				  procedures required to be followed in filing this plan as an interpretive rule.
				  A public hearing concerning the plan must be conducted and the plan must be
				  approved by the State board of health. Expenditures made from the hospital
				  services revenue account must be in accordance with this plan and must be
				  approved by the State legislature.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-37 - Health Facilities Plan For The Fiscal Years 1985-89 › Section 64-37-4 - The Hospital Services Revenue Account

Current through Register Vol. XLI, No. 28, July 12, 2024
Estimated collections for fiscal year 1984 are $6.78 million.
				  The fiscal year 1985 collections are expected to increase by $821,250 with the
				  certification of Fairmont Emergency and Lakin State Hospitals. The fiscal year
				  1986 collections should increase by an estimated $638,750 once Greenbrier
				  Center and additional beds at Pinecrest State Hospital are certified.
Table 64-37A (found at the end of this regulation) is an
				  estimation of the total funds available from the hospital services revenue
				  account for fiscal years 1985 and 1986. The accumulation of funds for the
				  previous legislative appropriations will be completed by February 1984,
				  resulting in an estimated carry forward of $3,812,390.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-37 - Health Facilities Plan For The Fiscal Years 1985-89 › Section 64-37-5 - The State Facility System

Current through Register Vol. XLI, No. 28, July 12, 2024
The department of health operates six long-term care
				  facilities -- Hopemont, Denmar, Pinecrest, Lakin, Fairmont Emergency Hospital
				  and the Andrew S. Rowan Memorial Home. Additionally, the new Welch Emergency
				  Hospital soon to be completed in McDowell County will replace the old facility
				  and will provide more long-term care beds than the old facility in addition to
				  serving as a full-service hospital. The department also operates three
				  facilities for the developmentally disabled -- Colin Anderson Center, the
				  Greenbrier Center and Spencer, as well as two mental health facilities, Weston
				  and Huntington Hospitals. The three facilities for the developmentally disabled
				  serve a statewide population; the mental health facilities serve distinct
				  catchment areas. For further information on present and projected use of these
				  facilities, see Table 64-37B and Table 64-37C found at the end of this
				  regulation.
At the present time, four hundred and forty-eight (448) beds
				  are certified for reimbursement under the federal medicare and medicaid
				  programs. These are: at Colin Anderson Center (156 intermediate care for the
				  mentally retarded), at Denmar (155 intermediate care), at Fairmont Emergency
				  Hospital (44 skilled or intermediate care) and at Pinecrest Hospital (93
				  intermediate care). Lakin is expected to be certified by June, 1984 or earlier
				  (136 intermediate care beds).
Although the Code exempts state facilities from state
				  licensing standards, efforts are under way to meet licensing standards for all
				  facilities. Efforts are also under way to upgrade additional long-term care
				  facilities to medicaid standards. Additionally, there are deficiencies in
				  life-safety and in energy efficiency. Correcting life-safety deficiencies is
				  essential for general patient safety and for attaining and maintaining
				  certification. Improvements related to energy efficiency will be cost-efficient
				  eventually.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-37 - Health Facilities Plan For The Fiscal Years 1985-89 › Section 64-37-6 - Administrative

Current through Register Vol. XLI, No. 28, July 12, 2024
An administrative budget will provide funding for the
				  personal services and current expenses related to the management and control of
				  the hospital services revenues account. It will enable the department to
				  prepare and complete projects more quickly, and will reduce the administrative
				  cost burden placed upon state general revenue funds. Staff projected include a
				  financial manager, and a construction supervisor.