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 64-99 - Requirements For Licensure Of Nonprofit Corporations For Conservator Service › Section 64-99-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes general standards and procedures for the licensure
				of nonprofit corporations to serve as conservator, limited conservator and
				temporary conservator of persons declared by circuit courts to be protected
				persons. This rule is intended to protect and promote the rights and interests
				of protected persons of all ages for whom corporations are appointed to serve
				in a conservatorship capacity.
1.2.
				Authority. -- W. Va. Code §
									44A-1-8.
1.3. Filing Date. -- May 10, 2011.
1.4. Effective Date. -- May 10,
				2011.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-99 - Requirements For Licensure Of Nonprofit Corporations For Conservator Service › Section 64-99-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. -- This legislative rule applies to any nonprofit corporation
				seeking appointment as conservator, limited conservator or temporary
				conservator for protected person.
2.2. Enforcement. -- This legislative rule
				shall be enforced by the Secretary of Health and Human Resources.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-99 - Requirements For Licensure Of Nonprofit Corporations For Conservator Service › Section 64-99-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Words used in
				this rule have the same meaning as set forth by definition in W. Va. Code
				§
									44A-1-4, except
				insofar as a different meaning is set forth by definition in this
				section.
3.2. Board of Directors --
				Those persons who are vested with the management of the affairs of the
				corporation, by whatever name they may be called.
3.3. Bylaws -- The code of rules adopted for
				the regulation or management of the affairs of the corporation irrespective of
				the name or names by which the rules are called.
3.4. Corporation -- Nonprofit corporations
				only, which may be taken within context to refer to the corporation as a whole
				or its members, directors, officers and employees.
3.5. Department -- The West Virginia
				Department of Health and Human Resources.
3.6. Director -- A member of the board of
				directors of the Corporation.
3.7.
				Employee -- Includes officers but not directors of the Corporation. A director
				may accept duties which make him or her an employee.
3.8. Family -- One or more persons related to
				the protected person by blood or by marriage, who maintain contact with and
				interest in the protected person.
3.9. License -- A document issued by the
				Secretary which constitutes the approval for appointment to serve as
				conservator, limited conservator and temporary conservator.
3.10. Licensee -- A corporation duly licensed
				by the Secretary to serve as conservator for individuals who are designated
				protected persons.
3.11. Member --
				A person having membership in the nonprofit corporation in accordance with the
				provisions of its articles of incorporation or bylaws.
3.12. Secretary -- The Secretary of the
				Department of Health and Human Resources.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-99 - Requirements For Licensure Of Nonprofit Corporations For Conservator Service › Section 64-99-5 - General Organization and Management

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The corporation shall have a valid West
				Virginia charter to conduct business as a nonprofit corporation.
5.2. A major purpose of the corporation shall
				be to aid and assist and to promote the rights and well-being of protected
				persons. The corporation may have purposes other than the provision of
				conservatorship services as specified in this rule: Provided, that the purposes
				shall not conflict with the corporation's responsibilities as conservator,
				limited conservator or temporary conservator.
5.3. Except as provided in this rule, a
				corporation licensed under this rule, and any officer, agent, director, servant
				or any employee of the corporation shall not do business with or in any way
				profit, either directly or indirectly, from the estate or income of any
				protected person for whom the corporation serves as conservator, limited
				conservator, or temporary conservator.
5.4. Each director, officer, agent and
				employee of the corporation shall file with the Secretary an annual written
				statement under oath regarding conflict of interest under this rule in a format
				specified by the Secretary.
5.5. A
				corporation licensed under this rule shall not provide educational, vocational,
				residential or medical services to its protected persons or to other protected
				persons.
5.6. The corporation shall
				have a duly constituted board of directors and officers as prescribed by
				law.
5.7. The corporation shall
				have bylaws in accordance with the state laws and this rule which shall provide
				for at least the following:
5.7.a.
				Specification of the powers and duties of the board of directors, the officers
				and the committees;
5.7.b. The
				number and length of term of the members of the board of directors and of the
				officers;
5.7.c. The qualifications
				and the method of selection of the members of the board of directors;
5.7.d. The frequency of board and of
				corporation meetings;
5.7.e. The
				classes of members and their voting privileges;
5.7.f. An annual audit by an accredited
				auditor; and
5.7.g. An annual
				report of all activities of the corporation.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-99 - Requirements For Licensure Of Nonprofit Corporations For Conservator Service › Section 64-99-6 - Fiduciary Responsibilities and Rights

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The corporation shall provide evidence
				that it has sufficient fiscal and administrative resources to perform its
				fiduciary duties and to make the fiduciary accountings and reports required by
				law and this rule. An independent certified public accountant shall audit the
				corporation at least annually. The audit shall be sent to the Secretary within
				one week of receipt by the corporation. The evidence shall be submitted with
				its initial and each renewal application and shall, at a minimum include:
6.1.a. A report of the corporation which
				shall include a complete statement of all assts, liabilities, income and
				expenses of the corporation for the period covered;
6.1.b. A record of insurance;
6.1.c. A statistical summary of reports and
				records submitted to the circuit court, the number and type of reports required
				and the employees available to effectuate these reports; and
6.1.d. A statistical summary report of any
				other activities effectuating the provisions of law and this rule concerning
				estate management and the securing of financial support for the protected
				person.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-99 - Requirements For Licensure Of Nonprofit Corporations For Conservator Service › Section 64-99-7 - Management of Conservatorship of the Protected Person

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Services Generally.
7.1.a. The corporation shall maintain an
				effective and direct role in the execution of its conservatorship
				responsibilities. To this end, the corporation shall through its membership,
				employees, officers and directors be directly responsible for certain
				requirements specified in this rule. The corporation may effectuate other
				responsibilities as specified in Subsection 5.15. of this rule.
7.1.b. A protected person shall receive
				services according to his or her needs, characteristics, and
				capabilities.
7.1.c. The
				corporation shall have documented regular contact with the protected person as
				frequently as indicated by the needs, characteristics, capabilities, living
				circumstances and any other pertinent conditions of the protected person and as
				feasible to the fiscal resources of the protected person and the corporation:
				Provided, that there shall be no less than one person-to-person contact between
				the corporation membership or staff and the protected person per
				year.
7.1.d. The corporation shall
				encourage protected persons to participate to the maximum of their abilities in
				all decisions affecting them.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-99 - Requirements For Licensure Of Nonprofit Corporations For Conservator Service › Section 64-99-8 - Conservatorship Records and Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The corporation shall maintain a
				conservatorship record for each protected person for whom it has responsibility
				for full or limited conservatorship of the person. The conservatorship record
				shall document all information and activities pertinent to the conservatorship
				and as required by law and this rule.
8.2. The conservatorship record shall contain
				at a minimum the following information concerning the protected person:
8.2.a. A summary of all orders and directions
				of the circuit court concerning the protected person and the
				conservatorship;
8.2.b. A record of
				services provided by the corporation staff;
8.2.c. A summary report of any services
				provided under contract;
8.2.d.
				Evaluations of services provided to the protected person;
8.2.e. Copies of any reports provided to the
				circuit court;
8.2.f. A record of
				any other activities undertaken on behalf of the protected person;
				and
8.2.g. An annual summary report
				regarding the estate of the protected person reflecting all financial
				transactions that have affected the estate, and an evaluation and description
				of the assets of the estate.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-99 - Requirements For Licensure Of Nonprofit Corporations For Conservator Service › Section 64-99-9 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The Secretary
				may suspend or revoke a license if it finds that:
(a) the corporation is in substantial
				violation of this rule;
(b) the
				corporation charges fees in excess of those authorized by the circuit court or
				the fiduciary commissioner;
(c)
				the corporation is found by due process of law to be in violation of the
				provisions of Chapters 31, 44, or 27 of the Code of West Virginia of 1931, as
				amended; or
(d) the corporation
				has violated any state or federal law or has in any way violated its fiduciary
				duty to the protected person.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-99 - Requirements For Licensure Of Nonprofit Corporations For Conservator Service › Section 64-99-10 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
Those persons adversely affected by the enforcement of this
				  legislative rule desiring a contested case hearing to determine any rights,
				  duties, interests or privileges shall do so in a manner prescribed in W. Va.
				  C.S.R. §
									16-1-1
et seq
.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-100 - Pulse Oximetry Newborn Testing › Section 64-100-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope -- This
				rule which implements the Pulse Oximetry Newborn Testing Act requires testing
				and provides timing requirements for such testing. This rule should be read in
				conjunction with WV Code §
									16-44-1 and
				§ 16-44-2. The WV Code is available in public libraries and on the
				Legislature's web page,
http://www.legis.state.wv.us/
.
1.2. Authority -- WV Code §§
									16-44-1 and
				16-44-2.
1.3. Filing Date -- July 12, 2013.
1.4. Effective Date -- August 12,
				2013.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-100 - Pulse Oximetry Newborn Testing › Section 64-100-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Application --
				This rule applies to all birthing facilities licensed by the Department of
				Health and Human Resources that provide birthing services and newborn care
				services.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-100 - Pulse Oximetry Newborn Testing › Section 64-100-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Birthing
				Facility - An inpatient or ambulatory health care facility licensed by the
				Department of Health and Human Resources that provides birthing and newborn
				care services.
3.2. Commissioner -
				The Commissioner of the Bureau for Public Health or his or her authorized
				representative.
3.3. Congenital
				Heart Defects (CHD) - Structural abnormalities of the heart that are present at
				birth. Some critical congenital heart defects can cause severe and
				life-threatening symptoms which require intervention within the first days of
				life.
3.4. Pulse Oximetry Testing -
				A noninvasive test that estimates the percentage of hemoglobin in blood that is
				saturated with oxygen.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-100 - Pulse Oximetry Newborn Testing › Section 64-100-4 - Responsibilities of Birthing Facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A birthing facility shall cause to be
				performed a pulse oximetry screening on every newborn in its care.
4.2. The pulse oximetry screening shall be
				performed when the newborn is twenty-four to forty-eight hours of age, or as
				late as possible if the newborn is to be discharged from the facility before he
				or she is twenty-four hours of age.
4.3. The pulse oximetry screening results
				shall be recorded on the newborn's Birth Score sheet or through an alternate
				means of data collection that has been approved by the Commissioner.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-100 - Pulse Oximetry Newborn Testing › Section 64-100-5 - Recommended Protocol for Pulse Oximetry Testing

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The following are recommendations from
				the United States Secretary of Health and Human
Services' Advisory Committee on Heritable Disorders in
				  Newborns and Children, the American Academy of Pediatrics, and the Centers for
				  Disease Control and Prevention.
5.2. Pulse oximetry should be performed on
				the right hand and one foot. If the newborn's oxygen saturation is 95% in
				either extremity, with a 3% difference between the two, he or she will be
				considered to have passed the screening test and no additional evaluation will
				be required unless signs or symptoms of CHD are present.
5.3. If the oxygen saturation is 95% in both
				the hand and foot or there is a 3% difference between the hand and foot on
				three measures, each separated by one hour, the newborn should be evaluated by
				his or her pediatrician and referred, if indicated, for an echocardiogram at an
				ultrasound facility that has experience in newborn cardiac echocardiograms. The
				echocardiogram shall be interpreted by a pediatric cardiologist who shall then
				make appropriate arrangements for follow-up when necessary.
5.4. A newborn with oxygen saturation that is
				90% in either the hand or foot should be referred immediately for additional
				evaluation.
5.5. The pulse oximetry
				guidelines and supporting information may be found online at
				http:/www.wvdhhr.org/mcfh [File Link Not Available] [File Link Not
				Available].
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-100 - Pulse Oximetry Newborn Testing › Section 64-100-6 - Confidentiality

Current through Register Vol. XLI, No. 28, July 12, 2024
The pulse oximetry screening results recorded on the birth
				  score sheet or other data reporting form are confidential and shall not be
				  released or disclosed to anyone other than the child, his or her parents,
				  guardian or representatives for any reason other than data analysis and
				  planning purposes by public health officials.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-100 - Pulse Oximetry Newborn Testing › Section 64-100-7 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
Any 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 bureau for
				  public health's rule, 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 64-101 - Use of the E-Directives Registry by Emergency Medical Services › Section 64-101-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				"Cardiopulmonary resuscitation" or "CPR" means those measures used to restore
				or support cardiac or respiratory function in the event of a cardiac or
				respiratory arrest.
2.2. "Do not
				resuscitate order" or ("DNR order") means an order issued by a licensed
				physician that CPR should not be administered to a particular person.
2.3. "e-Directive Registry" means the
				electronic database, established and maintained by the West Virginia Center for
				End-of-Life Care (WVCEOLC) through the West Virginia Health Information Network
				(WVHIN), that electronically stores and makes available to treating health care
				providers advance directive forms, do not resuscitate cards, and POST
				forms.
2.4 "Level of medical
				intervention" means the order on a Physician Orders for Scope of Treatment
				(POST) form in Section B for comfort measures, additional limited
				interventions, or full interventions.
2.5. "Medical Command Center" means a
				designated facility staffed by paramedic communications specialists, operating
				under medical supervision, who provide on-line advice and direction to
				emergency medical services personnel regarding treatment, triage and
				destination decisions under the guidelines of the medical direction
				system.
2.6. "On-Line Medical
				Direction" means the medical direction given by personnel at an approved
				Medical Command Center to emergency medical services personnel at the time of
				an emergency medical services incident, by voice or other means, as established
				by Office of Emergency Medical Services protocol and guidelines.
2.7. "Physician orders for scope of treatment
				form" or "POST" means a standardized form containing orders by a qualified
				physician that details a person's life-sustaining wishes.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-101 - Use of the E-Directives Registry by Emergency Medical Services › Section 64-101-4 - Interpretive Rule

Current through Register Vol. XLI, No. 28, July 12, 2024
As it is the intent of the Health Care Decisions Act and the
				  DNR Act to give direction to emergency medical services personnel and other
				  health care providers with regard to the performance of CPR and compliance with
				  the orders on a POST form, the Bureau for Public Health interprets the
				  provisions of
W. Va. Code
§§ 16-30-10, 13 & 25
				  and
W. Va. Code
§§ 16-30C-5 & 7, to include DNR
				  orders or POST forms electronically stored on the e-Directive Registry.
				  Therefore, information contained in a patient's DNR order or completed POST
				  form that is:
- electronically stored on the e-Directive Registry;
- accessed by the Medical Command Center; and
- orally communicated to emergency medical service
				  personnel,
constitutes "actual knowledge" for the purposes of the Health
				  Care Decisions Act and the DNR Act.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-102 - Farmers Market Vendors › Section 64-102-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
Scope.
				-
This rule establishes the requirements governing farmers market
				vendor permits.
1.2.
Authority.
- The West Virginia Department of Health and Human
				Resources is required to propose rules for legislative approval to implement
				the provisions of
W. Va. Code
§ 19-35-1
et.
				seq.
after consulting with the West Virginia Department of Agriculture
				and considering the guidelines established in the Farmers Market Vendor Guide
				and Memorandum F-16, Food Permits at Farmers Markets.
W.Va.
				Code
§ 19-35-4.
1.3.
Filing Date.
- April 28, 2016
1.4.
Effective Date.
- July
				1, 2016
1.5.
Applicability.
- This rule applies to persons selling farm and
				food products at farmers markets within the state.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-102 - Farmers Market Vendors › Section 64-102-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Commissioner"
				means the Commissioner of the Bureau for Public Health or his or her lawful
				designee.
2.2. "Consignment farmers
				market" means a market in which two or more persons deliver their own farm and
				food products to a common location maintained by a third party that markets the
				vendors' products and receives a percentage share of the profits from sales,
				with the individual vendor retaining ownership of the farm and food product
				until it is sold. Consignment farmers markets offering for sale potentially
				hazardous foods are regulated by 64 CSR 17 (Food Establishments
				Rule).
2.3. "Farm and food
				products" means an agriculture, horticulture, agroforestry, animal husbandry,
				dairy, livestock, cottage food, beekeeping or other similar product.
2.3.a. Farm and food products include, but is
				not limited to:
2.3.a.1. Eggs;
2.3.a.2. Meats;
2.3.a.3. Poultry;
2.3.a.4. Dairy Products that are produced in
				an approved food manufacturing facility;
2.3.a.5. Commercially raised and harvested
				fish;
2.3.a.6. Sprouted
				Seeds;
2.3.a.7. Agriculture,
				horticulture, agroforestry, animal husbandry, livestock, cottage food,
				beekeeping or other similar products produced in an approved food manufacturing
				facility which requires temperature control; and
2.3.a.8. Other foods as determined by the
				Commissioner on a case by case basis.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-102 - Farmers Market Vendors › Section 64-102-3 - Uniform Farmers Market Vendor Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A vendor who sells farm and food
				products at a farmers market must have a valid uniform farmers market vendor
				permit.
3.2. A person delivering
				his or her product to a consignment farmers market is exempt from the
				requirements of this rule series.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-102 - Farmers Market Vendors › Section 64-102-4 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A person must
				apply for a uniform farmers market vendor permit with the health officer the
				county in which the vendor intends to sell farm and food products at a farmers
				market.
4.2. A permit must be
				approved prior to the vendor offering for sale farm and food products at a
				farmers market.
4.3. Application
				for a permit must be made in writing on a form prescribed by the commissioner,
				together with the applicable fee. The application must include the following
				information:
4.3.a. The applicant's name,
				mailing address, telephone number and email address;
4.3.b. The county or counties in which the
				applicant intends to sell farm and food products;
4.3 .c. The farm and food products the
				applicant intends to offer for sale; and
4.3
				.d. The signature of the applicant or his or her authorized
				representative.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-102 - Farmers Market Vendors › Section 64-102-5 - Denial, Suspension, or Revocation

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1 A health officer may deny approval of a
				uniform farmers market vendor permit for failure to meet the requirements of
W. Va. Code
§§ 19-35-1
et. seq.,
as
				applicable, or the provisions of this rule series. If a health officer
				determines to deny approval of permit, the health officer will notify the
				applicant or vendor by a notice identifying the reasons for the determination.
				The notice will be delivered by either registered or certified mail.
5.2. A health officer may suspend a uniform
				farmers market vendor permit for failure to meet the requirements of
W.Va. Code
§§ 19-35-1
et. seq.,
as
				applicable, or the provisions of this rule series. If a health officer
				determines to suspend a permit, the health officer will notify the applicant or
				vendor by a written notice identifying the reasons for the determination. The
				notice will be delivered in person or by either registered or certified
				mail.
5.3. A health officer may
				revoke a uniform farmers market vendor permit for repeated or serious
				violations of any of the requirements
of W.Va. Code
§§ 19-35-1
et. seq.,
as applicable, or the provisions
				of this rule series or for interference with the health officer in the
				performance of his or her duties. If a health officer determines to revoke a
				permit, the health officer will notify the applicant or vendor by a written
				notice identifying the reasons for the determination. The notice will be
				delivered in person or by either registered or certified mail.
5.4. A health officer who suspends or revokes
				a permit must notify all health departments within the jurisdictions identified
				on the vendor permit at which the vendor is authorized to sell farm and food
				products at farmers markets.
5.5. A
				denial, suspension or revocation will become final 30 days after the delivery
				of the notice of denial, suspension or revocation notice unless the applicant
				or vendor, within that 30-day period, gives written notice of a request for a
				hearing. Hearings will be conducted in accordance with the Administrative
				Procedure Act (
W.Va. Code
§§ 29A-5-1
et.
				seq.),
and the Bureau for Public Health rule series, Rules of
				Procedure for Contested Case Hearings and Declaratory Rulings (64 CSR
				1).
5.6. A health officer may not
				approve or reinstate a uniform farmers market vendor permit until he or she
				determines by an inspection that the farmers market vendor is in compliance
				with all applicable provisions of this rule and any orders, rules or
				instructions issued by the health officer.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-102 - Farmers Market Vendors › Section 64-102-6 - Inspections

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A health
				officer will inspect a farmers market vendor once every six months or twice per
				season for seasonal farmers markets.
6.2. A health officer will make as many
				additional inspections as necessary to determine satisfactory compliance with
				the provisions of this rule or any orders, notices, instructions or
				specifications issued pursuant to this rule.
6.3. A health officer will discuss the
				inspection report with the person in charge at the time of
				inspection.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-103 - Expedited Partner Therapy › Section 64-103-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule series designates certain diseases as sexually transmitted diseases for
				the purposes of treatment by expedited partner therapy.
1.2. Authority. -- W. Va. Code §
									16-4F-5.
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 on August 1,
				2027.
1.6. Applicability.-This rule
				series applies to a health care professional who makes clinical diagnosis of a
				sexually transmitted disease and who desires to provide expedited partner
				therapy for the treatment of the sexually transmitted disease.
1.7. Purpose-- This rule series is intended
				to implement the provisions of W.Va. Code §§
									16-4F-1
et seq.
by designating certain diseases as sexually
				transmitted diseases which may be treated by expedited partner
				therapy.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-103 - Expedited Partner Therapy › Section 64-103-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Expedited
				partner therapy" or "EPT" means prescribing, dispensing, furnishing or
				otherwise providing prescription antibiotic drugs by a health care professional
				to the sexual partner or partners of a person clinically diagnosed as infected
				with a sexually transmitted disease without physical examination of the partner
				or partners.
2.2. "Health care
				professional" means:
2.2.a. An allopathic
				physician licensed pursuant to W.Va. Code §§
										30-3-1
et seq
.;
2.2.b. An
				osteopathic physician licensed pursuant to W.Va. Code §§
										30-14-1
et seq.
;
2.2.c. A
				physician assistant licensed pursuant to W.Va. Code §
										30-3E-4;
2.2.d. An advanced practice registered nurse
				authorized with prescriptive authority pursuant to W.Va. Code §
										30-7-15a;
				or
2.2.e. A pharmacist licensed
				pursuant to W.Va. Code §§
										30-5-1
et seq
.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-103 - Expedited Partner Therapy › Section 64-103-3 - Designation of sexually transmitted diseases

Current through Register Vol. XLI, No. 28, July 12, 2024
Sexually transmitted diseases that may be treated by a health
				  care professional with expedited partner therapy include the following
				  clinically diagnosed sexually transmitted infections:
3.1. Chlamydia trichomatis (chlamydia);
				and
3.2. Neisseria gonorrhea
				(gonorrhea).
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-104 - Certification of Opioid Overdose Prevention and Treatment Training Programs › Section 64-104-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
Scope.
- This rule series establishes standards for
				certification and procedures for the approval of opioid overdose prevention and
				treatment training programs for initial responders.
1.2.
Autiiority. - W. Va.
				Code
§§
									16-1-4 &
				16-46-6
1.3.
FilingDate.
- April 28, 2016
1.4.
Effective Date.
- July
				1, 2016
1.5.
Applicability.
- This rule series applies to all persons and
				entities that intend to offer opioid overdose prevention and treatment programs
				for the purpose of training initial responders on the proper administration of
				an opioid antagonist in an emergency situation.
1.6.
Purpose
- This rule
				series is intended to implement standards for certification and approval of
				opioid overdose prevention and treatment training programs audiorized by the
				Access to Opioid Antagonists Act (
W.Va. Code
§§
				16-46-1 et. seq.).
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-104 - Certification of Opioid Overdose Prevention and Treatment Training Programs › Section 64-104-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Curriculum"
				means a detailed course outline, description, or syllabus submitted to the OEMS
				as part of the approval process by an association, educational institution,
				health care facility, or emergency medical services agency sponsoring a
				training program.
2.2. "Initial
				responder" means emergency medical service personnel, as defined by
W.
				Va. Code
§ 16-4c-3(g), including, but not limited to, a member of
				the West Virginia State Police, a sheriff, a deputy sheriff, a municipal police
				officer, a volunteer or paid firefighter and any other person acting under
				color of law who responds to emergencies.
2.3. "Office of Emergency Medical Services"
				or "OEMS" means the office under the Commissioner of the Bureau for Public
				Health pursuant to
W. Va. Code
§ 16-4C-4, mandated by the
				provisions of the "Access to Opioid Antagonists Act" to administer standards
				for certification and approval of opioid overdose prevention and treatment
				training programs audiorized by the Act.
2.4. "Opiates" or "opioid drugs" means drugs
				mat are members of the natural and syndietic opium family, including, but not
				limited to, heroin, morphine, codeine, methadone, oxycodone, hydrocodone,
				fentanyl and hydromorphone.
2.5.
				"Opioid antagonist" means a federal Food and Drug Administration-approved drug
				for the treatment of an opiate-related overdose, such as naloxone hydrochloride
				or other substance, that, when administered, negates or neutralizes, in whole
				or in part, the pharmacological effects of an opioid in the body.
2.6. "Opioid overdose prevention and
				treatment training program" or "training program" means any program operated or
				approved by the Office of Emergency Medical Services.
2.7. "Overdose" means an acute condition,
				including, but not limited to, life-threatening physical illness, coma, mania,
				hysteria or death, which is the result of the consumption or use of opioid
				drugs.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-104 - Certification of Opioid Overdose Prevention and Treatment Training Programs › Section 64-104-3 - Opioid overdose prevention and treatment training programs

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Training programs must contribute
				directly to the professional competence, skills, and education of initial
				responders and must educate participants on the following;
3.1.a. The four risk factors for
				overdose;
3.1.b. Recognizing three
				signs of an overdose;
3.1.c.
				Ability to perform techniques to stimulate someone who appears to have
				overdosed;
3.1.d. Ability to
				correctly perform rescue breathing; and
3.1.e. Ability to correctly administer
				naloxone.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-104 - Certification of Opioid Overdose Prevention and Treatment Training Programs › Section 64-104-4 - Approval of Training Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
Applications for Training
				Programs.
Any association, educational institution, health care
				facility or emergency medical services agency may apply to the OEMS for
				approval to conduct a training program for initial responders.
4.2. Applications for approval of a training
				program must be made on a form provided by the OEMS, together with the
				curriculum for the course as defined in section 3. The application must include
				the following information:
4.2.a. The tide of
				the course;
4.2.b. The sponsor's
				name;
4.2.c. The name(s) of the
				course instructor and the instructor is certified to provide training or has
				received instruction on the course curriculum;
4.2.d. The names and authors of all textbooks
				to be used, if any, including die publisher and edition, or if no textbook is
				to be used, a list of written materials to be used, including the source of
				such materials;
4.2.e. The specific
				objectives for die course;
4.2.f.
				Time to be spent on each of the components required by subsection
				3.1;
4.2.g. The method(s) of
				instruction for each component listed in subsection 3.1 (for example, lecture,
				demonstration, simulation, slide presentation, etc.);
4.2.h. A description of the practical
				training to be provided for each component listed in subdivision 3.1.e., 3.1.d.
				and 3.1.e. ;
4.2.i. The reading
				assignment in the text or in other materials, if any, for each unit;
4.2.j. The evaluation method for each unit
				(for example, written examination, student presentation or demonstration,
				competency check-off, etc.);
4.2.k.
				An explanation of when students will be evaluated (for example, after each
				unit, comprehensively at the end of the course); and
4.2.l. An explanation of the grading system
				to be used for written examinations and proficiency evaluations.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-104 - Certification of Opioid Overdose Prevention and Treatment Training Programs › Section 64-104-5 - Denial, Suspension, or Revocation of Approval

Current through Register Vol. XLI, No. 28, July 12, 2024
The OEMS may deny, suspend, or revoke approval of a training
				  program for failure to meet the requirements of
W. Va. Code
§§ 16-46-1 et seq., as applicable, or the provisions of this rule
				  series. If the OEMS determines to deny, suspend, or revoke approval of a
				  training program, the OEMS will send the applicant a notice identifying the
				  reasons for the determination. The notice will be sent by either registered or
				  certified mail. The denial, suspension, or revocation will become final 30 days
				  after the mailing of the notice unless the applicant, within that 30-day
				  period, gives written notice of a request for a hearing. Hearings will be
				  conducted in accordance with the Administrative Procedure Act
(W.Va.
				  Code
§§ 29A-5-1
etseq),
and the Bureau for
				  Public Heakh rule series, 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 64-108 - Local Board of Health Plans of Combination Procedure › Section 64-108-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. This
				rule includes procedures for the approval by the commissioner of the Bureau for
				Public Health of applications by two or more appointing authorities who are
				seeking to combine local boards of health. This rule provides procedures for
				submission, evaluation and approval of local board of health plans of
				combination.
1.2. Authority. W.Va.
				Code §§
									16-2-5
				& 8.
1.3. Filing Date - October
				24, 2017.
1.4. Effective Date -
				November 25, 2017.
1.5.
				Applicability. This rule series applies to appointing authorities who desire to
				combine, establish, and maintain a combined local board of health.
1.6. Purpose. This procedure describes the
				manner of submission, evaluation and approval of plans of combination submitted
				by appointing authorities.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-108 - Local Board of Health Plans of Combination Procedure › Section 64-108-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following words and terms, when used in this rule, have
				  the following meanings, unless the context clearly indicates otherwise:
2.1. "Applicants" means two or more
				appointing authorities seeking approval of a plan to combine local boards of
				heath.
2.2. "Appointing Authority"
				means the county commission(s) or the governing body, or both, of a
				municipality.
2.3. "Basic Public
				Health Services" means those services that are necessary to protect the health
				of the public and that a local board of health must provide. The three areas of
				basic public health services are communicable and reportable disease prevention
				and control, community health promotion, and environmental health
				protection.
2.4. "Commissioner"
				means the commissioner of the West Virginia Bureau for Public Health.
2.5. "Center for Local Health" or "CLH" means
				the unit within the Bureau for Public Health responsible for oversight of the
				combination program.
2.6.
				"Director" means the director of the Center for Local Health within the Bureau
				for Public Health.
2.7. "Combined
				Local Board of Health" means a board of health serving any two or more counties
				or any county or counties and one or more municipalities within or partially
				within the county or counties.
2.8.
				"Local Board of Health," "local board," or "board" means the board of health
				serving one or more counties or one or more municipalities or a combination
				thereof.
2.9. "Plan of Combination"
				or "Plan" means the document outlining the intent to combine local boards of
				health by two or more appointing authorities submitted to the commissioner for
				approval.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-108 - Local Board of Health Plans of Combination Procedure › Section 64-108-3 - Application and Submission of Plans of Combination

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Appointing authorities for local boards
				of health may submit a plan of combination at any time.
3.2. Applications for combining local boards
				of health under this rule shall be made in the form and manner as the
				commissioner may prescribe. The application must include the following
				information:
3.2.a. Completed application on
				a form approved by the commissioner;
3.2.b. Justification for the
				combination;
3.2.c. A description
				of how basic public services will be maintained to prescribed standards
				throughout the combination process for all communities served;
3.2.d. A description of how basic public
				health services will be maintained to prescribed standards for all communities
				served once the combined board has been established;
3.2.e. A description of anticipated
				challenges and strategies to address the challenges;
3.2.f. A budget and budget
				narrative;
3.2.g. A list of the
				persons assisting in the transition to a combined board of health (including
				their names, titles, and organizational affiliation) and the available
				resources, in addition to a brief description of how they will be involved in
				the project. At a minimum, this must include:
3.2.g.1. Legal counsel;
3.2.g.2. Liability insurance;
3.2.g.3. Fiscal consultant;
3.2.g.4. Appointing authority; and
3.2.g.5. Local board of health.
3.2.h. Plan (including goals,
				timeline(s), activities, responsibilities and milestones) that addresses the
				following:
3.2.h.1. Service
				Delivery;
3.2.h.2.
				Personnel;
3.2.h.3.
				Fiscal;
3.2.h.4. Legal;
				and
3.2.h.5. Logistics.
3.2.i. Evidence of engagement with
				all local boards of health in counties contiguous to the counties proposing to
				combine, for the purpose of determining whether the local boards of health in
				the contiguous counties are willing to join the application;
3.2.j. Evidence of public engagement,
				specifically at least two public meetings during which the public is encouraged
				and permitted to address the proposed application; and
3.2.k. Signed agreement identifying the
				number of combined local board of health members to be selected by each
				participating county or municipality (
W. Va. Code
§
										16-2-8).
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-108 - Local Board of Health Plans of Combination Procedure › Section 64-108-5 - Notices

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Successful
				applicants will receive a notice of approval letter, signed by commissioner,
				via e-mail.
5.2. The commissioner
				may conditionally approve an application contingent upon the successful
				completion phases of the work plan, and in addition to any other requirement
				imposed by law or determined by the commissioner to be reasonably necessary to
				fulfill the purposes of the plan, approval of the application may be subject to
				specific terms and conditions.
5.3.
				The final approval will not occur until the applicants demonstrate the
				likelihood of the plan's success to the commissioner's satisfaction, supported
				by such documentation as the commissioner may reasonably require.
5.4. The commissioner has the authority to
				make a final determination to approve a plan to combine local boards of
				health.
5.5. All plans to implement
				a combination of local boards of health must be completed within a reasonable
				period of time, to be determined by the commissioner.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-108 - Local Board of Health Plans of Combination Procedure › Section 64-108-6 - Monitoring Implementation of the Plan

Current through Register Vol. XLI, No. 28, July 12, 2024
The commissioner may monitor the implementation of the plan
				  to ensure that the process of transitioning to a combined board of health is
				  proceeding satisfactorily and that duties related to basic public health
				  services, other health services, and the enforcement of the laws of this state
				  pertaining to public health are consistently performed.