West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-51 - Fees for Services › Section 64-51-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Adoption
				-- The judicial act of creating the relationship of parent and child where it
				did not exist previously.
3.2.
				Ambulatory Surgical Facility (ASP) -- A facility which provides surgical
				treatment to patients not requiring hospitalization. This definition does not
				include the legally authorized practice of surgery by any one or more persons
				in the private office of any health care provider.
3.3. Asbestos -- The asbestiform varieties of
				serpentinite (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite,
				anthophyllite, and actinolite-tremolite, which contains more than one percent
				asbestos by weight.
3.4. Asbestos
				Abatement -- Procedures to control fiber release from asbestos-containing
				materials. These procedures include removal, encapsulation, enclosure, repair,
				demolition, renovation, and similar activities.
3.5. Assisted Living Residence -- Any living
				facility, residence, or place of accommodation, however named, available for
				four or more residents, in this state which is advertised, offered, maintained,
				or operated by the ownership or management, whether for a consideration or not,
				for the express or implied purpose of having personal assistance or
				supervision, or both, provided to any residents therein who are dependent upon
				the services of others by reason of physical or mental impairment and who may
				also require nursing care at a level that is not greater than limited and
				intermittent nursing care. This term replaces the two terms "Personal Care
				Home" and "Residential Board and Care Home" previously used in this
				rule.
3.6. Basic Public Health
				Services -- Those services that are necessary to protect the health of the
				public. The three areas of basic public health services are communicable and
				reportable disease prevention and control, community health promotion, and
				environmental health protection.
3.7. Behavioral Health Center -- An
				organization that provides behavioral health services, including all of its
				locations.
3.8. Behavioral Health
				Services -- An inpatient, residential, or outpatient service for the care and
				treatment of persons with mental illness, developmental disabilities, or
				substance abuse.
3.9. Birthing
				Center -- A type of facility, which is a building, house, or the equivalent
				organized to provide facilities and staff to support a birthing service for
				pregnant women.
3.10. Bottled Water
				-- Any natural or artificial mineral, spring, well, distilled, or other water
				bottled or containerized for use primarily as drinking water.
3.11. Business (or Individual) Providing
				Vendor Services -- Any person proposing to offer or providing services to
				Registrants in the Radiological Health Program as described in the bureau's
				legislative rule, Radiological Health, 64CSR23, subsections 5.4. and
				5.5.
3.12. Certificate of Birth
				(Birth Certificate) -- The government's permanent legal record of the fact of
				birth of an individual. Information contained within the document is considered
				to be prima facie evidence of the fact of birth.
3.13 Certificate of Death (Death Certificate)
				-- The government's permanent legal record of the fact of death of an
				individual. Information contained within the document is considered to be prima
				facie evidence of the fact of death.
3.14 Certified Copy -- A reproduction or
				abstracted document that is officially endorsed by the custodian of the
				original document to be an authentic reproduction or abstraction of the
				original document.
3.15.
				Commissioner -- The Commissioner of the West Virginia Bureau for Public
				Health.
3.16. Decommissioning --
				Removal of any source of radioactive material as described in the bureau's
				legislative rule, Radiological Health, 64CSR23, subsection 6.59, subdivisions
				11.14.f. or 16.23.c. with a dedicated purpose of vacating premises, amendment,
				or cancellation of a registration for possession or storage of radioactive
				material.
3.17. Delayed Certificate
				of Birth (Delayed Birth Certificate) -- A certificate of birth filed more than
				one year after the date of birth. Information contained within the document is
				abstracted from other sources and is not considered to be
prima
				facie
evidence of the fact of birth.
3.18. Dental Intraoral Machine -- A radiation
				machine with one or more x-ray tubes used for human intraoral diagnostic
				imaging, as described in the bureau's legislative rule, Radiological Health,
				64CSR23, subsection 7.9.
3.19.
				Dental Panoramic Machine -- Any rotational orthodontic extraoral radiographic
				device for dental diagnostic imaging.
3.20. Dental Radiation Machine (Other) -- Any
				radiographic device for dental diagnostic imaging, which is not dental
				intraoral or dental panoramic, such as cephalometric and extraoral tomography
				with one or more x-ray tubes.
3.21.
				Drinking Water -- Water free from biological, chemical, physical, and
				radiological contaminants which cause disease or harmful physiological
				effects.
3.22. Emergency Services
				Consultation -- A consultation for radiological health services performed per
				request for regulatory assistance in the event of an emergency or crisis
				condition involving a source of radiation. Consultation includes the following
				per event: investigation, travel time, and assessment of incidents or accidents
				for compliance with the Bureau's rule, Radiological Health Rules, 64CSR23,
				involving unusual events such as exposure to ionizing radiation to workers or
				the public, contamination of persons or the environment, and release, damage,
				theft, or loss of radioactive material.
3.23. End Stage Renal Disease (ESRD) Facility
				-- A facility which is approved to furnish at least one specific ESRD service,
				e.g., that stage of renal impairment that appears irreversible and permanent
				and requires a regular course of dialysis or kidney transplantation to maintain
				life.
3.24. Food Manufacturing
				Facility -- Any entity that manufactures, processes, or packs food for human
				consumption and conducts wholesale operations. This term does not include
				farms, facilities regulated by the bureau's legislative rule, Food
				Establishments, 64CSR17, or facilities under the regulatory authority of the
				West Virginia Department of Agriculture.
3.25. Generator -- A person whose activity
				results in the production of low-level radioactive waste requiring long-term
				storage and disposal.
3.26.
				Heirloom Birth Certificate -- A presentation quality, oversized, and ornate,
				certificate of birth suitable for framing and display.
3.27. Hospice -- A hospice as defined in W.
				Va. Code §
									16-5I-2.
3.28. Hospital -- A hospital as defined in W.
				Va. Code §
									16-5B-1.
3.29. Industrial Radiographic Machine -- A
				radiation machine used for all industrial radiography, other than cabinet
				radiography and shielded room radiography and other non-diagnostic or
				non-therapeutic purposes, such as x-ray devices used to examine the macroscopic
				structure of materials by nondestructive methods using sources of ionizing
				radiation or to produce radiographic images, as defined in the bureau's
				legislative rule, Radiological Health, 64CSR23, subdivisions 8.3.5. and
				8.3.6.
3.30. Industrial Cabinet
				X-Ray System -- A machine used for industrial radiography conducted in an
				enclosure or shielded cabinet, such as x-ray devices used primarily for the
				inspection of carry-on baggage at airline, railroad, and bus terminals, and in
				similar facilities, as defined in the bureau's legislative rule, Radiological
				Health, 64CSR23, subdivisions 8.3.1. or 8.3.2.
3.31. Industrial High Energy Machine -- A
				radiation producing device such as a particle accelerator or cyclotron, and
				pulse x-ray machine used for nondestructive testing or other radiation
				producing devices used for irradiation of materials with energies greater than
				250 kilovolts.
3.32. Industrial
				Radiation Machine (Other) -- A radiation machine used for non-human purposes
				other than those described in this section as: Industrial Radiographic Machine,
				Industrial Cabinet X-Ray System, or Industrial High Energy Machine.
3.33. Innovative/Alternative Type Sewage
				System -- A method of sewage disposal for a single-family dwelling or
				establishment for which design standards have been prepared and listed in the
				bureau's legislative rule, Sewage Treatment and Collection System Design
				Standards, 64CSR47, as an innovative or alternative system.
3.34. Legitimation -- Legal process by which
				the state of legitimacy is conferred to a child whose parents were not married
				at the time of the child's birth but who subsequently marry each
				other.
3.35. Low-Level Radioactive
				Waste -- Radioactive waste that:
3.35.1. Is
				not classified as high-level radioactive waste, spent nuclear fuel, or
				byproduct material as defined in Section 11.e(2) of the Atomic Energy Act of
				1954 (uranium or thorium tailings and waste); and
3.35.2. Is classified as low-level
				radioactive waste consistent with existing federal law in accordance with the
				U.S. Nuclear Regulatory Commission rules, as defined in the bureau's
				legislative rule, Radiological Health, 64CSR23, subsection 3.106., and the
				Low-level Radioactive Waste Policy Act, Public Law 96-573, as amended by Public
				Law 99-240, effective January 16, 1986.