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 64-09 - Sewage Systems › Section 64-9-5 - Construction and Installation Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The construction and installation or
				modification of all sewer systems shall be in accordance with Sewage Treatment
				and Collection System Design Standards, 64 CSR 47, or otherwise approved plans
				and specifications for which a permit has been issued by the director. Design
				standards may be obtained from the division of health, its district offices or
				local health department offices: Provided, that the director shall issue a
				permit for the installation of a National Sanitation Foundation Class I home
				aeration unit to be installed on a single family dwelling unit when no other
				approved system can be installed.
5.2. Diversion drains, ditches and curtain
				drains shall be installed when storm water, surface or ground water will affect
				the satisfactory operation of a sewer system. No foundation drains or
				downspouts shall be connected to the sewer system.
5.3. Percolation tests and other tests, as
				may be required for installation of a sewer system, shall be performed by
				persons whose qualifications are acceptable to the director and the tests shall
				be conducted in accordance with Sewage Treatment and Collection System Design
				Standards, 64 CSR 47. The person conducting the tests shall certify the
				accuracy of the results of the tests and the information shall be submitted in
				a form acceptable to the director.
5.4. Subsurface absorption systems shall be
				constructed at the site where percolation and other tests have been performed.
				In the event the location of the subsurface absorption system must be changed,
				additional testing will be required at the proposed new location.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-09 - Sewage Systems › Section 64-9-6 - Inspections

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The director
				may make, as many inspections as are necessary during the construction,
				installation, modification, or operation of sewer systems to determine
				compliance with the applicable provisions of this rule.
6.2. The owner or occupant of a dwelling,
				establishment, or land where a sewer system is located shall provide the
				director access to all parts of the property for the purpose of making the
				inspection.
6.3. No sewer system
				shall be used or placed into operation until the system installation has been
				approved in writing by the director.
6.4. No part of any sewer system utilizing
				soil absorption disposal of effluent shall be covered until the system
				installation has been approved in writing by the director. Any part of the
				system that is covered prior to approval shall be uncovered upon oral or
				written order of the director.
6.5.
				In addition to making inspections or causing inspections to be made of a sewer
				system, the director may collect or cause to be collected samples of sewage and
				effluent from the system, or conduct or cause to be conducted, such tests as
				are necessary and proper to insure that the system is in compliance with all
				applicable provisions of this rule.
6.6. If the director finds that the
				construction, installation, extension, alteration, or operation of a sewer
				system is not in compliance with the applicable requirements of this rule, the
				director may issue an order for the corrections to be made. The order shall be
				issued in writing to the owner of the sewer system and the order shall be
				effective immediately.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-09 - Sewage Systems › Section 64-9-7 - Maintenance and Operation of Sewer Systems, and Sewage Treatment or Sewage Disposal Systems

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Upon
				written request by the director, the permit holder shall submit operational
				data such as influent, effluent, flow data, or any operational data necessary
				to ascertain compliance with this rule.
7.2. All mechanical sewer systems with
				surface discharge and all mechanical sewer systems where additional treatment
				is required for subsurface discharge shall have a perpetual maintenance program
				approved by the director.
7.3.
				Every sewage treatment or disposal plant serving a public sewer system shall be
				equipped with testing apparatus for making the physical, chemical, and
				bacteriological control tests which are considered necessary by the state
				division of health for the safe, proper, and efficient operation of the plant.
				The state division of health, upon written request, shall furnish a statement
				of the control tests necessary for a particular plant.
7.4. There shall be regularly made at each
				sewage treatment or disposal plant any physical, chemical, and bacteriological
				control tests which are considered necessary by the state division of health
				for the proper and safe operation of the plant. The frequency of making these
				physical, chemical, and bacteriological control tests shall be determined by
				the state division of health. The results of the control tests together with
				the record of sewage treatment or disposal plant operation shall be entered
				upon a permanent record form or ledger and maintained at the plant.
7.5. Each month, or as otherwise directed by
				the state division of health, the operator of the sewage treatment or disposal
				plant shall furnish a summary of operation and control data to the state
				division of health. The data shall be submitted on a standard form or another
				form acceptable to the state division of health.
7.6. The division of health, by specific
				written direction, may waive the submission of operating reports from sewage
				treatment or disposal plants serving five hundred (500) or less
				persons.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-09 - Sewage Systems › Section 64-9-9 - Correction of Health Hazards

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. To
				correct or abate public health hazards resulting from the malfunctioning of
				individual sewer systems, and public sewer systems which hazards are not
				correctable by methods set forth in Sewage Treatment and Collection System
				Design Standards, 64 CSR 47, the director may permit the installation of an
				experimental or nonstandard sewer system upon written petition for the
				system.
9.2. The petition shall
				request the director to authorize installation of the system desired and shall
				contain information as to the location, reasons why a conventional system
				cannot be installed, information concerning the malfunctioning system, and
				information concerning the system desired. The director may request additional
				information which may include a meeting with the petitioner.
9.3. If the director determines that a
				potential public health hazard exists, he or she may issue a written approval
				authorizing installation of the system desired. The written approval shall
				apply only to the petitioner and the facts presented at the meeting.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-09 - Sewage Systems › Section 64-9-10 - Sewage Tank Cleaning

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. No
				person shall engage in the business of collecting, removing, transporting, or
				disposing of the contents of a sewage tank without first obtaining in the
				county in which the business is located a state-wide permit for the activity
				from the director, in accordance with Section 6 of this rule. Out of state
				sewage tank cleaners shall obtain the permit from the county where most of
				their business is located.
10.2.
				Equipment, containers or other devices used in the collection, removal,
				transportation or disposal of the contents of sewage tanks shall be in
				compliance with Sewage Treatment and Collection System Design Standards, 64 CSR
				47.
10.3. The cleaning of sewage
				tanks by bailing or dipping and emptying the bailing or dipping container into
				a carrier tank is prohibited.
10.4.
				Precaution shall be taken by the sewage tank cleaner to prevent the leaking,
				spilling, or dripping of the sewage tank contents during collection, removal,
				transportation and disposal.
10.4.a. Any
				leakage, spillage, or drippings shall be cleaned up immediately.
10.4.b. Provisions shall be made by the
				sewage tank cleaner to carry chlorinated lime or similar satisfactory
				disinfectant for immediately treating the areas where leakage, spillage, or
				dripping has occurred.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-09 - Sewage Systems › Section 64-9-11 - Individual Sewer Systems Installers Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Except as provided in Subsection 11.2
				of this rule, all individual or on-site sewer system installers shall be
				certified by the director. An individual shall be a minimum of eighteen (18)
				years old to qualify for certification.
11.2. The director may grant a permit to an
				individual who installs, constructs, extends, alters his or her own sewer
				system if the individual passes an examination administered by the director
				which demonstrates knowledge of applicable rules.
11.3. Certification is not required of a
				driver delivering a part or parts of a system, a manufacturer who does not
				install a part or parts of a system or an employee of a contractor holding a
				certificate, provided, that the employee is under the direct on-site
				surveillance of a certified installer.
11.4. Certificates shall be issued to
				qualified installers of individual sewer systems in two classifications:
11.4.a. A class I certificate applies to the
				installation of standard soil absorption systems, soil absorption beds, holding
				tanks, effluent lift stations and grey water soil absorption systems.
11.4.b. A class II certificate applies to
				those systems covered by the class I certificate plus all alternative and other
				individual or on-site sewer systems as set forth in Sewage Treatment and
				Collection System Design Standards, 64 CSR 47.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-09 - Sewage Systems › Section 64-9-12 - Sewage Advisory Board

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				The director may establish an advisory board and designate the chairman of the
				board.
12.2. The advisory board
				membership shall consist of, but is not necessarily be limited to, the
				following members: two (2) representatives of the sewage industry; two (2)
				representatives of the division of health; one (1) representative of the
				division of environmental protection; and four (4) representatives of local
				health departments.
12.3. The
				duties of the advisory board shall be assigned 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 64-09 - Sewage Systems › Section 64-9-13 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Any person
				who violates any provision of this rule is subject to the penalties provided in
				W. Va. Code '16-1-18.
13.2. Each day's failure to comply with any
				applicable provision of this rule constitutes a separate offense.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-09 - Sewage Systems › Section 64-9-14 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
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 this rule and in
				  the Rules of Procedure for Contested Case Hearings and Declaratory Rulings, 64
				  CSR 1.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-10 - Methods and Standards for Chemical Tests for Intoxication › Section 64-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the methods and standards relating to implied
				consent for chemical test for intoxication pursuant to appropriate articles of
				Chapter 17C of the West Virginia Code.
1.2. Authority. -- W. Va. Code §
									16-1-4
				and §
									17C-5-8.
1.3. Filing Date. -- April 1, 2022.
1.4. Effective Date. -- April 1,
				2022.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect upon August 1,
				2027.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-10 - Methods and Standards for Chemical Tests for Intoxication › Section 64-10-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. The provisions of this rule are applicable to all law enforcement
				agencies and personnel engaging in breath, blood, urine, alcohol and/or drug
				analysis in this state; and to those persons suspected of driving under the
				influence of alcohol or drugs, or both.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-10 - Methods and Standards for Chemical Tests for Intoxication › Section 64-10-4 - Preliminary Breath Analysis; Designation of Testing Instrument; Compliance with Methods and Standards Required

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Each law enforcement agency using a
				preliminary breath testing instrument shall designate the testing instrument
				for the purpose of administering a preliminary breath analysis pursuant to W.
				Va. Code §
									17C-5-5.
				The designation of the testing instrument shall be filed with the Bureau on a
				form provided by the Bureau available at
https://dhhr.wv.gov/ols/regulatory/Documents/Designation%20of%20Instrument%20Device%20for%20Preliminary%20Testing%2064-10.pdf
.
4.2. Each law enforcement agency shall comply
				with the methods and the standards established by this rule.
4.3. The Bureau shall maintain a registry of
				approved testing instruments.
4.4.
				All instruments used for the purpose of preliminary alcohol breath analysis
				shall be approved in writing by the Commissioner.
4.5. Approvals and designations of
				preliminary breath testing instruments in effect at the time this rule becomes
				effective continue in effect.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-10 - Methods and Standards for Chemical Tests for Intoxication › Section 64-10-5 - Breath Analysis; Preliminary Breath Test; Standards and Methods

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The use of the
				approved instrument shall adhere to the manufacturer's specifications for
				operation and shall include any maintenance specified by the
				manufacturer.
5.2. The following
				general methods apply in extracting breath for preliminary breath analysis:
5.2.1. The preliminary alcohol breath
				analysis shall be administered after the law enforcement officer has a
				reasonable belief that the person has been driving while under the influence of
				alcohol. The law enforcement officer shall prohibit the person from drinking
				alcohol or smoking for at least fifteen minutes before conducting the
				test.
5.2.2. If the testing
				instrument requires contact with the mouth of the tested person, the law
				enforcement officer conducting the preliminary alcohol breath analysis shall
				use an individual disposable mouthpiece for each person tested.
5.2.3. The preliminary alcohol breath
				analysis may be administered by a law enforcement officer who is a certified
				instrument officer and who has additional training, theory, and practical
				exercise recommended by the manufacturer.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-10 - Methods and Standards for Chemical Tests for Intoxication › Section 64-10-6 - Designation of Secondary Test; Compliance with Methods and Standards Required; Certification of Law Enforcement Officers Required

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Each law enforcement agency shall
				designate a type of test, either breath or blood for the purpose of
				administering a secondary alcohol breath analysis incidental to lawful arrest
				for the offense of driving a motor vehicle in this state while under the
				influence of alcohol. The designation of the alcohol breath analysis shall be
				filed with the Bureau on a form provided by the Bureau available at
https://dhhr.wv.gov/ols/regulatory/Documents/Designation%20of%20Instrument%20Device%20for%20Secondary%20Testing%2064-10.pdf
.
6.2. Each law enforcement agency shall comply
				with the methods and the standards established by this rule.
6.3. The Bureau shall maintain a registry of
				approved alcohol breath analysis instruments inclusive of methods and standards
				for the proper conduct of the alcohol breath analysis.
6.4. Secondary alcohol breath analysis
				designations in effect at the time this rule becomes effective shall continue
				in effect.
6.5. Each law
				enforcement officer administering a secondary alcohol breath analysis shall be
				a certified instrument operator.
6.6. The Bureau shall certify each operator
				properly trained in the procedures of operation and shall issue a certificate
				to each trained individual.
6.7. As
				a minimum training requirement each law enforcement officer shall complete the
				Basic Training Program for Breath Examiner Specialist Course as prescribed by
				the United States Department of Transportation or an equivalent course prior to
				certification. This course shall consist of classroom and laboratory training
				including review sessions and examinations.
6.8 Certifications of law enforcement
				officers in effect at the time this rule becomes effective continue in
				effect.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-10 - Methods and Standards for Chemical Tests for Intoxication › Section 64-10-7 - Breath Analysis; Secondary Breath Test; Standards; Accuracy Inspection Tests; Methods

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Instrument
				Standards - Instruments for breath alcohol analysis shall meet the following
				standards:
7.1.1. The designated instrument
				and any related accessories shall be capable of the collection and the analysis
				of breath specimens which approach alveolar composition;
7.1.2. The designated instrument shall be
				capable of analyzing a blank sample and of analyzing a suitable reference
				standard;
7.1.3. The designated
				instrument shall be capable of the analysis of a reference standard within
				accuracy and precision limits of plus or minus 0.01 grams percent W/V or
				higher;
7.1.4. The designated
				instrument shall be capable, in a controlled experiment, of alcohol breath
				analysis which results in a determination of a person's blood alcohol
				concentration which has a correlation with his or her actual blood alcohol
				concentration as measured on a blood sample taken at approximately the same
				time as the breath sample;
7.1.5.
				The instrument shall be capable of alcohol breath analysis which results in a
				concentration less than 0.01 grams of alcohol per 210 liters of breath when
				alcohol-free persons are tested; and
7.1.6. Any model of instrument used for the
				purpose of secondary breath analysis shall be approved in writing by the
				Bureau. The instrument shall meet or exceed the standards contained in this
				subsection.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-10 - Methods and Standards for Chemical Tests for Intoxication › Section 64-10-8 - Blood Analysis; Standards and Methods

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Methods of analyzing blood specimens for
				ethyl alcohol shall meet the following standards:
8.1.1. The method used shall be capable of
				separating and quantifying ethyl alcohol from the blood specimen;
8.1.2. The method used shall be capable of
				the analysis of a reference sample of known alcohol concentration within
				accuracy and precision limits of plus or minus 0.01 grams per cent W/V of the
				true value. These limits shall be applied to alcohol concentrations which are
				0.01 grams per cent W/V or higher;
8.1.3. The method used shall be capable of
				blood alcohol analysis which results in a concentration less than 0.01 grams of
				alcohol per one hundred milliliters of blood when alcohol free persons are
				tested; and
8.1.4. The
				gas-chromatographic method meets the standards in this subsection for
				testing.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-11 - Behavioral Health Centers Licensure › Section 64-11-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes general standards and procedures for the licensure of
				behavioral health services and supports under the provisions of W. Va. Code
				§27-1A-7, §27-9-1,
et seq.
,
				and related federal and state codes.
1.2. Authority. -- W. Va. Code §27-9-1,
et seq.
; §27-17-1,
et seq.
;
				§27-1A-4(g); §27-1A-6(6); and §27-1A-7.
1.3. Filing Date. - May 1, 2024.
1.4. Effective Date. -- May 1,
				2024.
1.5. Sunset Date - This rule
				shall terminate and have no further force or effect on August 1,
				2029.
1.6. Purpose -- These
				standards are the basis for the licensing and approval of behavioral health
				centers providing services and supports in the state of West Virginia. Licenses
				are issued if the standards and applicable rules and regulations are met. The
				purpose is to protect the health, safety, and wellbeing of consumers receiving
				care from behavioral health centers; to regulate the behavioral health centers
				through the formulation, application, and enforcement of licensing
				requirements; and to ensure the provision of services and supports that are
				individualized and person-centered.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-11 - Behavioral Health Centers Licensure › Section 64-11-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. -- The core requirements of sections 1 through 13 of this rule
				apply to all behavioral health centers, both public and private. Each
				behavioral health center included in this rule shall comply with core
				requirements in addition to specialized modules as applicable to each
				program.
2.2. This rule contains
				the requirements to obtain a license to operate as a behavioral health center
				providing behavioral health services and supports for consumers in West
				Virginia.
2.3. This rule applies
				equally to profit, nonprofit, publicly-funded, and privately-funded
				facilities.
2.4. Enforcement. This
				rule is enforced by the Inspector General housed within the West Virginia
				Department of Health or his or her designee. For the purposes of this rule, the
				Inspector General designates the Director of the Office of Health Facility
				Licensure and Certification.
2.5.
				Exemptions. -- The following programs or services are exempt from the
				requirements of this rule:
2.5.1. A program
				not providing behavioral health services;
2.5.2. Services provided through a Medicaid
				self-directed, community-based waiver;
2.5.3. Outpatient services approved by the
				Centers for Medicare and Medicaid Services (CMS) at federally designated
				locations;
2.5.4. Hospitals
				operating within the scope of their license under W. Va. Code
				§16-5B-1,
et
				seq.
;
2.5.5. Individuals
				or groups of behavioral health or health practitioners functioning within the
				scope of their license under chapter 30 of the West Virginia Code;
				and
2.5.6. Specialized Family Care
				providers providing only services to individuals in Specialized Family Care
				settings, or Natural Family or Adoptive Family Homes providing
				Intellectual/Developmental Disabilities Waiver (IDDW) services.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-11 - Behavioral Health Centers Licensure › Section 64-11-4 - State Administrative Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. General Licensure Provisions.
4.1.1. Before establishing, operating,
				maintaining, or advertising within the State of West Virginia as a behavioral
				health center as defined in this rule, a provider shall first obtain from the
				Secretary a license authorizing the operation.
4.1.2. A license is valid for the provider
				named and location or locations listed in the application and is not
				transferable.
4.1.3. The provider
				shall surrender an invalid license to the Inspector General upon written
				demand.
4.1.4. The provider shall
				notify the Inspector General prior to the sale or merger of the entity if the
				ownership of a provider changes. The Inspector General will require that a new
				license be obtained.
4.1.5. The
				Inspector General will make a decision on each complete application within 60
				days of its receipt, provided a positive recommendation has been received from
				the Fire Marshal, and will provide to unsuccessful applicants written reason
				for the decision.
4.1.6. The
				Inspector General will perform an onsite inspection prior to issuing initial,
				renewal, amended if applicable, or provisional licenses. Such inspection will
				be performed within 60 days of receipt of a complete application, provided a
				positive recommendation has been received from the Fire Marshal.
4.1.7. The Inspector General may enter the
				premises of any practice, office, or facility if the Inspector General has
				reasonable belief that it is being operated or maintained as a behavioral
				health center without first obtaining a license.
4.1.8. If the owner or person in charge of a
				licensed behavioral health center or of any other unlicensed practice, office,
				or facility, which the Inspector General has reasonable belief is being
				operated or maintained as a behavioral health center refuses entry pursuant to
				this rule, the Inspector General shall petition the Circuit Court of Kanawha
				County or the county in which the facility is located for an inspection
				warrant.
4.1.9. If the Inspector
				General finds, based on an inspection, that any person, partnership,
				association, or corporation is operating as a behavioral health center without
				a license, the behavioral health center shall apply for a license within 10
				days.
4.1.10. A behavioral health
				center that fails to apply for a license is subject to the penalties
				established by section 13 of this rule.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-11 - Behavioral Health Centers Licensure › Section 64-11-6 - Risk Management and Quality Assurance

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Insurance and Bonding.
6.1.1. The provider shall purchase or
				self-fund appropriate types of insurance including as appropriate, but not
				limited to, general liability, fire and theft, professional liability,
				officer's or director's liability, and automobile liability for vehicles owned
				or leased by the provider.
6.1.2.
				The provider shall ensure that all staff who handle or manage consumer funds
				are bonded at the provider's expense or that the provider maintains appropriate
				insurance coverage to cover potential losses unless the aggregate amount of
				consumer funds is less than $500.
6.1.3. Parents acting in their legal capacity
				as conservators for their children or protected adults, even if employed by the
				provider, are not included in the requirement for bonding.
6.1.4. The provider may elect to self-insure
				but must guarantee replacement of losses of consumer funds.
6.1.5. All bonding policies shall be adequate
				to replace the aggregate of consumer funds managed by the provider or if the
				provider elects to self-insure, there must be evidence of sufficient financial
				capacity to replace consumer funds.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-11 - Behavioral Health Centers Licensure › Section 64-11-7 - Legal Compliance

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				provider shall comply with all applicable federal, state, and local laws,
				rules, and regulations associated with all aspects of service delivery and
				operations and shall possess all necessary licenses.
7.2. Current licenses or certificates shall
				be prominently displayed in an area visible to the public.
7.3. The provider shall maintain in the
				administrative file reports and certifications as applicable regarding:
7.3.1. Certification of occupancy
				requirements;
7.3.2. Delineation of
				zoning and building codes;
7.3.3.
				Compliance with occupational safety and health administration codes;
7.3.4. Records of maintenance and safety
				inspections performed internally, e.g., by the Safety Committee, Officer, or
				other; and
7.3.5. Any and all plans
				of correction or citations for the previous five years.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-11 - Behavioral Health Centers Licensure › Section 64-11-8 - Financial Management

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The
				provider shall have a written budget, approved by the governing body, that
				shall serve as a plan for managing its financial resources for the fiscal
				year.
8.2. The provider shall have
				established financial management policies and procedures that follow generally
				accepted accounting principles (GAAP).
8.3. Financial accountability for consumer
				funds. -- A provider that assumes fiduciary responsibility for consumer funds
				shall have written operational procedures that ensure:
8.3.1. Separate individual accounting of
				funds with monthly statements to the consumer and his or her DLR, if any. Funds
				managed on behalf of consumers shall not be commingled with provider funds.
				Consumer funds may be maintained in one account for all consumer funds.
				However, an individual accounting for each consumer must be maintained and one
				consumer's funds may not be used for the expenses of another consumer;
				and
8.3.2. Compliance with
				applicable legislative, judicial, and governmental requirements, including
				those applying to payment of benefits allotted by the state or federal
				government.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-11 - Behavioral Health Centers Licensure › Section 64-11-9 - Management of Human Resources

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				Deployment and Supervision of Staff.
9.1.1.
				The provider shall have qualified individuals to deliver the services to which
				it commits via consumer assessments and treatment plans or treatment strategies
				based on the consumer's functional level and physical disability. The provider
				shall have a system of staff supervision that is tailored to the provider's
				model of service delivery and uses individual or group supervision, or both, on
				a regularly scheduled basis.
9.1.2.
				The provider shall identify an individual responsible for overall
				administration of the program for each site. This individual shall ensure that
				decisions related to care of the consumer are based on the treatment plan and
				assessed needs of the consumer for which informed consent has been
				obtained.
9.1.3. The provider shall
				develop a process that ensures appropriate supervision of direct service staff.
				Each staff person on duty shall have access to a supervisory staff person by
				telephone or face-to-face contact within 15 minutes of an initial attempt at
				supervisory contact.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-11 - Behavioral Health Centers Licensure › Section 64-11-10 - Service Environment

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				Physical Environment:
10.1.1. Water supply:
10.1.1.a. All water systems shall comply with
				the applicable rules of the Department of Health.
10.1.1.b. All drinking water fountains shall
				be sanitary and accessible.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-11 - Behavioral Health Centers Licensure › Section 64-11-11 - Compliance with Legal, Health, and Regulatory Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Emergency Planning and Response.
11.1.1. The provider shall have written
				procedures in place for responding to accidents, serious illness, fire, medical
				emergencies, flood, natural disasters, and other life-threatening situations
				that:
11.1.1.a. Address the needs of any
				special population served by the provider;
11.1.1.b. Provide staff-to-consumer ratios
				for the adequate protection and supervision based on the consumer's assessed
				needs, treatment plan or treatment strategy, functional level, identified
				behaviors, and physical limitations.
11.1.1.c. Specify evacuation procedures
				including an evacuation site, parties to notify, and emergency items to take
				when evacuating;
11.1.1.d. Describe
				relocation plans for the behavioral health center or any part thereof, if it
				becomes necessary; and
11.1.1.e.
				Specify appropriate responses to medical emergencies.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-11 - Behavioral Health Centers Licensure › Section 64-11-12 - Services

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Service and
				Program Descriptions.
12.1.1. The provider
				shall develop a written description of each service or program that is
				available to the public and potential consumers. The description shall be
				updated to reflect significant changes in the service or program, and shall
				include:
12.1.1.a. The goals of the
				service;
12.1.1.b. The expected
				outcomes of the service;
12.1.1.c.
				The nature of the services provided;
12.1.1.d. The usual staffing of the service
				including general description of credentialing;
12.1.1.e. Eligibility criteria for consumers
				served by the service;
12.1.1.f.
				Information on how to access the service; and
12.1.1.g. Restrictions in access to the
				service, if any.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-11 - Behavioral Health Centers Licensure › Section 64-11-13 - Administrative Due Process, Administrative Appeals, and Judicial Review

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The Inspector
				General may deny the provider's application for licensure or licensure renewal;
				modify or revoke a license; or order any admissions ban or reduction in
				consumer census for one or more of the following reasons:
13.1.1. The provider fails to submit an
				adequate plan of correction without formally and timely notifying the Inspector
				General that the provider intends to exercise its due process rights of
				appeal;
13.1.2. The Inspector
				General makes a determination that fraud or other illegal action has been
				committed;
13.1.3. The provider
				violates federal, state, or local law relating to building, health, fire
				protection, safety, sanitation, or zoning; or is noncompliant with payment of
				workers' compensation or employment security taxes, and fails to remedy such
				violation given sufficient notice;
13.1.4. The provider conducts practices which
				jeopardize the health, safety, welfare, or clinical treatment of
				consumers;
13.1.5. The provider
				fails or refuses to make records related to compliance with this rule available
				within a reasonable period of time as requested by the Inspector General;
				or
13.1.6. The provider refuses to
				provide access to its service locations within a reasonable period of time as
				requested by the Inspector General.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-12 - Hospital Licensure › Section 64-12-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes standards and procedures for the licensing of
				hospitals and extended care facilities operated in connection with a
				hospital.
1.2. Authority. -- W. Va.
				Code §16-5B-8.
1.3. Filing Date. -- May 1, 2024.
1.4. Effective Date. -- May 1,
				2024.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August 1,
				2029.
1.6. Applicability. -- This
				rule applies to any person, partnership, association, corporation, state or
				local governmental unit, political subdivision, division, department, board, or
				agency that establishes, maintains, or operates a hospital or an extended care
				unit in connection with a hospital as defined in this rule and W. Va. Code
				§16-5B-1,
et
				seq
.
1.7. Enforcement --
				This rule is enforced by the Secretary of the Department of Health or his or
				her lawful designee.
1.8. Purpose
				-- The purpose of this rule is to ensure all West Virginia hospitals conform to
				a common set of standards and procedures. All standards and procedures are
				minimum requirements whereby hospitals may be surveyed and evaluated to ensure
				the health and safety of all patients treated in West Virginia
				hospitals.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-12 - Hospital Licensure › Section 64-12-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Definitions
				incorporated by reference. -- Those terms defined in W. Va. Code
				§16-5B-1,
et seq
.,
				are incorporated herein by reference.
2.2. Abuse -- The infliction of injury,
				unreasonable confinement, intimidation, or punishment with resulting physical
				harm, pain, or mental anguish.
2.3.
				Applicant -- The person who submits an application for a license or renewal of
				a license to operate a hospital or extended/skilled care facility operated in
				connection with a hospital.
2.4.
				Bed Capacity -- The maximum number of beds a hospital is licensed to offer for
				inpatient care including all specialty beds.
2.5. Board of Directors or Board -- The
				voting members of the governing authority of a hospital.
2.6. Coronary Care Unit -- A specialized area
				of a hospital containing a grouping of single bedrooms or single bed enclosures
				where constant, intensive visual observation, and immediate emergency and
				prescribed non-emergency coronary care, and treatment are provided.
2.7. Critical Access Hospital -- A hospital
				is a critical access hospital if it:
2.7.1. Is
				a not-for-profit, for-profit, or public hospital and is located in a county in
				a rural area as defined in 42 U.S.C.A.
				§1395.i.4(e);
2.7.2. Is located more than a 35-mile drive
				from a hospital or another health care facility or is located more than a
				15-mile drive from a hospital or another health care facility in the case of
				mountainous terrain or in areas where only secondary roads are
				available;
2.7.3. Is designed by
				the state as being a necessary provider of health care services to residents in
				the area;
2.7.4. Makes available
				24-hour emergency care services:
Provided,
That the state will
				determine necessary criteria for ensuring access to emergency care in each area
				served by the hospital;
2.7.5.
				Provides not more than 25 beds for providing inpatient care for a period not to
				exceed 96 hours for each hospitalization to be averaged annually, unless a
				longer period is required because transfer to a hospital is precluded because
				of inclement weather or other emergency conditions:
Provided,
That swing bed patients are not limited to the 96-hour requirement;
2.7.6. Has nursing services available on a
				24-hour basis;
2.7.7. Provides
				basic services as required under Critical Access Regulations
				42 C.F.R.
				§485.635; and
2.7.8. Meets the requirements of
				42 U.S.C.A.
				§1395,
et seq.
,
				Emergency Medical Treatment and Active Labor Act (EMTALA).
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-12 - Hospital Licensure › Section 64-12-3 - State Administrative Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. General Licensure Provisions.
3.1.1. A person may not establish, conduct,
				or maintain in West Virginia any hospital or extended care unit operated in
				conjunction with a hospital without first obtaining a license. Only one license
				is required for any person that operates any hospital or extended care unit
				operated in conjunction with a hospital at the same site.
3.1.2. A license is not transferable or
				assignable.
3.1.3. If the ownership
				of a hospital with a valid unexpired license changes, the new owner shall
				immediately apply for a new license. The new owner's application for a license
				has the effect of a valid license for three months from the date the
				application is received by the Director.
3.1.4. Any change in location of the
				hospital, the total and types of beds or other major changes in the operation
				of the hospital requires the issuance of a new license.
3.1.5. The hospital or extended care unit
				operated in conjunction with a hospital shall:
3.1.5.a. Notify the Director in writing of
				any proposed change in the location of the hospital, the total and types of
				beds or operation of the hospital or extended care unit operated in conjunction
				with a hospital; and
3.1.5.b.
				Request an application form for a new license.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-12 - Hospital Licensure › Section 64-12-6 - Operations Services

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Safety,
				Sanitation, Housekeeping and Maintenance.
6.1.1. The hospital's water supply shall
				comply with the Department of Health Legislative Rule, Public Water Systems,
				64CSR3, and Cross-Connection Control and Backflow Prevention,
				64CSR15
.
6.1.2.
				Sewage disposal shall comply with the Department of Health Legislative Rule,
				Sewer Systems, Sewage Treatment Systems, and Sewage Tank Cleaners,
				64CSR9.
6.1.3. The overall
				condition of the physical plant shall be maintained to assure and promote safe,
				clean, and sanitary conditions.
6.1.4. Accumulated waste material shall be
				removed daily or more frequently as necessary.
6.1.5. The grounds shall be kept in a
				sanitary, safe, and presentable condition.
6.1.6. The premises shall be kept free from
				rodent and insect infestation.
6.1.7. There shall be sufficient supplies and
				equipment, properly stored and conveniently located, to permit frequent
				cleaning of floors, walls, woodwork, windows, and screens, and to facilitate
				all necessary building and ground maintenance.
6.1.8. Stairwells and corridors shall be kept
				free from obstruction at all times.
6.1.9. All garbage shall be stored and
				disposed of in a manner that shall not permit the transmission of disease,
				create a nuisance, or provide a breeding place for insects and
				rodents.
6.1.10. All garbage
				containers shall be watertight, nonabsorbent, rodent proof, and have
				tight-fitting covers.
6.1.11.
				Garbage containers shall be emptied at frequent intervals and those containers
				that do not use an auxiliary liner shall be thoroughly washed and sanitized
				each time they are emptied.
6.1.12.
				The hospital shall comply with the Department of Health Legislative Rule,
				Infectious Medical Waste, 64CSR56.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-12 - Hospital Licensure › Section 64-12-8 - Patient Care Units or Departments

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. General Requirements.
8.1.1. The hospital shall develop and
				maintain all patient care units or departments in accordance with section 5 of
				this rule.
8.1.2. All patient care
				areas and units shall be segregated from areas used by the public or occupied
				by the hospital ancillary facilities, including adjunct diagnostic and
				treatment areas.
8.1.3. All areas
				in which patient care is rendered shall maintain or have easy access to an
				emergency cart for use in the event of patient respiratory or cardiac arrest.
				The contents of this cart, such as medications and supplies shall be determined
				by hospital policy. The frequency of monitoring of the contents of the
				emergency carts shall be determined by nursing service policies and
				procedures.
8.1.4. The hospital
				shall develop protocols for implementation of respiratory and cardiac arrest
				care on a 24-hour basis using all necessary staff throughout the hospital
				including any available physicians for immediate emergency response.
8.1.5. Each nursing unit and patient service
				department shall maintain a current policy and procedure manual governing the
				specific care provided by that unit or department. The manual shall be reviewed
				and revised at least every three years.