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 64-60 - Delegation of Medication Administration and Health Maintenance Tasks to Approved Medication Assistive Personnel › Section 64-60-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. This
				legislative rule prescribes specific standards and procedures to provide for
				training, competency testing, and the certification of approved medication
				assistive personnel (AMAP) for the limited administration of medications and
				performance of health maintenance tasks in specified health care facilities.
				This rule must be read in conjunction with W. Va. Code §§
									16-50-1,
et seq.
, and §§
									16-5AA-1,
et seq.
1.2.
				Authority. W. Va. Code § 16-50-11 and §
									16-5AA-6.
1.3. Filing Date. April 29, 2021.
1.4. Effective Date. July 1, 2021.
1.5. Sunset Provision. This rule
				will terminate and have no further force or effect on August 1, 2026.
1.6. Variances.
1.6.1. The department may grant a variance
				from any provision of this rule if it determines:
1.6.1.a. Strict compliance would impose a
				substantial hardship on the licensee;
1.6.1.b. The licensee will otherwise meet the
				goal of this rule; and
1.6.1.c. A
				variance will not result in less protection of the health, safety, and welfare
				of the residents.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-60 - Delegation of Medication Administration and Health Maintenance Tasks to Approved Medication Assistive Personnel › Section 64-60-3 - AMAP Program Approval

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Any
				facility may permit the use of AMAPs when supervised by an authorized
				registered professional nurse, in accordance with this rule and the applicable
				provisions of W. Va. Code §§
									16-50-1,
et
				seq
., and §§
									16-5AA-1,
et seq.
3.2.
				Prior to initiating an AMAP program, the facility shall submit to the
				authorizing agency written notification of the intent to participate in this
				program, documentation of the credentials of the authorized registered
				professional nurse who will oversee the program, and the facility policies and
				procedures required by this rule and the applicable provisions of W. Va. Code
				§§
									16-50-1,
et seq
., and §§
									16-5AA-1,
et
				seq
.
3.3. Participation
				in the program shall only be permitted after review and approval of the
				authorized registered professional nurse's credentials and the facility
				policies and procedures by the authorizing agency, and after the authorized
				registered professional nurse has completed the facility trainer and instructor
				orientation course developed by the authorizing agency.
3.4. Prospective AMAPs must successfully
				complete training and competency testing in accordance with the provisions of
				this rule and the applicable provisions of W. Va. Code §§
									16-50-1,
et
				seq
., and §§
									16-5AA-1,
et seq
.
3.5.
				AMAPs must participate in retraining in accordance with the provisions of this
				rule and the applicable provisions of W. Va. Code §§
									16-50-1,
				et seq., and §§
									16-5AA-1,
et seq
.
3.6.
				AMAPs who have successfully trained and tested in one facility must, prior to
				being approved to perform AMAP tasks, in another facility, be re-evaluated for
				competency by the authorized registered professional nurse.
3.7. The authorizing agency may contract with
				an entity to provide facility trainer or instructor orientation training for
				the authorized registered professional nurse. The facility utilizing services
				shall pay any fees for training and testing.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-60 - Delegation of Medication Administration and Health Maintenance Tasks to Approved Medication Assistive Personnel › Section 64-60-4 - AMAP Program Administration

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Authorized Registered Professional Nurse.
4.1.1. Each participating facility must have
				at least one authorized registered professional nurse.
4.1.2. The authorized registered professional
				nurse, in accordance with the provisions of this rule and the applicable
				provisions of W. Va. Code §§
										16-50-1,
et seq.
, and §§
										16-5AA-1,
et seq
., must:
4.1.2.a.
				Possess a current, active, and unencumbered license to practice as a registered
				professional nurse in West Virginia;
4.1.2.b. Have practiced as a registered
				professional nurse in a position or capacity requiring knowledge of medications
				for the immediate two years, disregarding short absences, including, but not
				limited to, vacation or illness;
4.1.2.c. Be familiar with the nursing care
				needs of the residents assigned to the AMAP;
4.1.2.d. Have successfully completed the
				authorized registered professional nurse training for the AMAP program;
				and
4.12.e. Have knowledge of all
				facility policies and procedures pertaining to the AMAP program.
4.1.3. Number of testing
				opportunities.
4.1.3.a. The prospective
				authorized registered professional nurse has three opportunities to pass the
				competency test.
4.1.3.b. If the
				prospective authorized registered professional nurse does not pass the first
				testing opportunity, he or she must wait seven calendar days prior to taking
				the second testing opportunity.
4.1.3.c. If the prospective authorized
				registered professional nurse does not pass the second testing opportunity, the
				facility must request a third and final testing opportunity from the
				authorizing agency.
4.1.3.d. If the
				prospective authorized registered professional nurse does not pass the third
				testing opportunity, he or she must wait six months to gain more training and
				experience prior to being able to start the competency testing process a second
				and final time.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-60 - Delegation of Medication Administration and Health Maintenance Tasks to Approved Medication Assistive Personnel › Section 64-60-5 - Curriculum and Competency Evaluation

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Curriculum.
5.1.1. The authorizing agency's training
				curricula shall be based on a nationally recognized model for certified
				medication aides.
5.1.2. The
				authorized registered professional nurse must develop person-centered,
				resident-specific training for AMAPs to learn how to provide specific delegated
				tasks. This training must be face-to-face.
5.1.3. Any AMAP who successfully completed
				the training and competency evaluation prior to the passage of this rule is
				exempt from the new training requirements.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-60 - Delegation of Medication Administration and Health Maintenance Tasks to Approved Medication Assistive Personnel › Section 64-60-6 - Eligibility Requirements for AMAP to be Trained

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A facility may permit a facility staff
				member to be trained as an AMAP in a single specific agency only after
				compliance with the provisions of this rule and when the following criteria are
				met:
6.1.1. The facility staff member is
				deemed competent by the authorized registered professional nurse to perform
				specific and permitted delegated tasks;
6.1.2. The facility staff member received an
				eligibility fitness determination or variance from the West Virginia Clearance
				for Access: Registry and Employment Screening;
6.1.3. The facility staff member holds a high
				school diploma or the equivalent;
6.1.4. The facility staff member has not been
				the subject of a finding of abuse, neglect, or misappropriation of a long-term
				care resident on the West Virginia Nurse Aide Abuse and Neglect Registry;
6.1.5. For nursing homes, the
				facility staff member must have at least one-year experience as a nurse aide in
				a long-term care facility; and
6.1.6. The facility staff member is certified
				in cardiopulmonary resuscitation and first aid.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-60 - Delegation of Medication Administration and Health Maintenance Tasks to Approved Medication Assistive Personnel › Section 64-60-7 - Minimum Policy and Procedure Requirements for AMAP Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Policy Development and Approval
				Procedures.
7.1.1. The facility or single
				specific agency must develop policies and procedures for the implementation of
				the AMAP program, including, but not limited to, the minimum requirements
				within the provisions of this rule and the applicable provisions of W. Va. Code
				§§
										16-50-1,
et seq.
, and §§
										16-5AA-1,
et seq
.
7.1.2. An
				authorized registered professional nurse shall participate in development and
				revision of AMAP program policies and procedures.
7.1.3. Facilities are not permitted to
				implement an AMAP program prior to the authorizing agency's approval of the
				AMAP program's policies and procedures.
7.1.4. Facilities or single specific agencies
				must submit proposed policies and procedures to the authorizing agency at least
				60 days prior to the proposed implementation date of the AMAP program.
7.1.5. Facilities or single
				specific agencies with approved policies and procedures must review the
				policies and procedures at least once a year for any needed revisions or
				updates.
7.1.6. Facilities or
				single specific agencies with approved policies and procedures must submit any
				proposed changes to the authorizing agency 30 days prior to implementing
				proposed changes.
7.1.7. The
				authorizing agency may require alterations to the facility's or single specific
				agencies policy when a determination is made that the delegated tasks are not
				being monitored or performed in a safe manner or under unsafe
				conditions.
7.1.8. Failure by the
				facility or single specific agencies to develop and implement an effective
				policy and procedure for the AMAP program, as required by this rule may result
				in penalties, including the suspension or denial of participation in the AMAP
				program.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-60 - Delegation of Medication Administration and Health Maintenance Tasks to Approved Medication Assistive Personnel › Section 64-60-8 - Withdrawal of Authorization

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				The authorized registered professional nurse may withdraw the authorization for
				the AMAP if the authorized registered professional nurse determines that the
				AMAP is not performing in accordance with the training and written
				instructions.
8.2. The withdrawal
				of authorization, the reasons for the withdrawal, and any corresponding
				evidence shall be documented and relayed to the facility and the authorizing
				agency in order to remove the AMAP from the list of authorized individuals.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-60 - Delegation of Medication Administration and Health Maintenance Tasks to Approved Medication Assistive Personnel › Section 64-60-9 - Limitations on Medication Administration and Health Maintenance Tasks Approved Medication Assistive Personnel

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The medication to be administered shall
				be received and maintained in the original container in which it was dispensed
				by a pharmacist or the physician until such time as it is administered to the
				resident.
9.2. No injections nor
				any parental medications shall be administered, except that prefilled insulin
				or insulin pens may be administered in non-nursing home facilities.
9.3. No irrigations nor debriding agents used
				in the treatment of a skin condition or minor abrasions shall be administered.
9.4. No verbal medication orders
				shall be accepted. No new medication or treatment orders shall be transcribed.
				First dosages of a new medication the individual has never taken shall not be
				administered in a nursing home setting. First dosages of a new medication the
				individual has never taken may be administered in a behavioral health center or
				assisted living residence setting. No medication dosages shall be converted or
				calculated.
9.5. Medications
				ordered by the prescribing practitioner to be given as needed shall be
				delegated only if the order is written with specific parameters which preclude
				independent judgment.
9.6.
				Delegation of tracheosto my care and ventilator care is not permitted in an
				intermediate care facility for individuals with an intellectual disability,
				nursing homes, assisted living, behavioral health group home, or private
				residence where the resident is not residing with family, natural supports, or
				both.
9.7. The delegation of health
				maintenance tasks is prohibited in nursing homes.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-60 - Delegation of Medication Administration and Health Maintenance Tasks to Approved Medication Assistive Personnel › Section 64-60-10 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Those
				persons adversely affected by the enforcement of this rule may submit a written
				request for a desk review to determine whether the privileges were
				appropriately withdrawn in a manner prescribed by the policy developed by the
				authorizing agency.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-61 - Public Water Systems Capacity Development › Section 64-61-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes state standards and procedures and adopts national
				safe drinking water standards for capacity development. The 1996 Safe Drinking
				Water Act amendments require states to ensure that all new community water
				systems and new nontransient noncommunity water systems demonstrate technical,
				managerial, and financial capacity to be able to comply with national drinking
				water regulations. Further, the Safe Drinking Water Act (SDWA) amendments
				require states to develop a strategy to address the capacity of all public
				water systems to include:
1.1.a. Determining
				which public water systems need help and in what order of priority;
1.1.b. Describing enhancers and inhibitors of
				developing capacity;
1.1.c.
				Determining a plan of action to help systems in need comply with the
				SDWA;
1.1.d. Establishing a
				baseline and measuring program; and
1.1.e. Identifying, in as much as possible,
				all persons who are interested in or involved with capacity
				development.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-61 - Public Water Systems Capacity Development › Section 64-61-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application - This rule applies to all community water systems and nontransient
				noncommunity water systems as defined in Section 3 of this rule. This rule does
				not apply to private water wells. This rule does not require consumers serviced
				by private water wells to abandon their wells nor to connect to any new or
				existing public water system or community water system as defined in Section 3
				of this rule.
2.2. Enforcement -
				This rule is enforced by the director of the division of health.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-61 - Public Water Systems Capacity Development › Section 64-61-4 - Capacity Development of New Public Water Systems

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A person shall obtain a permit from the
				director before constructing or awarding a contract to construct a public water
				system. A person shall obtain approval in writing from the director before
				establishing a public water system, and the system shall be installed or
				established in accordance with the plans, specifications and instructions
				issued by, or approved in writing by, the director.
4.2. A person seeking a permit to construct
				shall submit to the director an application in accordance with the rule
				referenced in subdivision 1.6.b. of this rule. The application shall include an
				engineering report which provides a detailed discussion of the proposed
				system's capacity to operate, with an emphasis on financial capacity. The
				engineer, owner, or both shall provide proof to the director that the owner has
				the technical, managerial, and financial capacity to operate and maintain the
				new system. The director shall consult with the public service commission and
				the water development authority, as well as other affiliated agencies as
				necessary, concerning the financial and managerial capacity.
4.3. A permit to construct may be revoked by
				the director for failure of the public water system to comply with this
				rule.
4.4. The public water system
				shall be constructed in accordance with the plans and specifications approved
				by the director in accordance with the rule referenced in subdivision 1.6.h. of
				this rule.
4.5. The director may
				issue an order requiring a change in the source of the water supply for the
				system or in the manner of collection, treatment, storage, or distribution
				facilities of the system before delivery to the consumer, as may be necessary
				to safeguard the public health.
4.6. A new public water system shall not
				commence operation without written approval to proceed from the
				director.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-61 - Public Water Systems Capacity Development › Section 64-61-5 - Capacity Development of Existing Public Water Systems

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The director may develop a program for
				the issuing of a permit to operate a public water system. The director may
				revoke a permit for failure of the permittee to comply with the requirements of
				this rule or the requirements of the rule Division of Health, Public Water
				Systems, 64CSR3. The director shall not issue a permit until he or she has
				reasonable assurance that the system has achieved or is actively pursuing the
				technical, managerial, and financial capacity needed to operate in accordance
				with this rule.
5.2. The capacity
				of a system shall be assessed using the following indicators:
5.2.a. Compliance data;
5.2.b. Construction permits;
5.2.c. Sanitary surveys;
5.2.d. Annual reports;
5.2.e. Water system plans or business
				plans;
5.2.f. Compliance
				reports;
5.2.g.
				Self-assessment/peer reviews;
5.2.h. Regional plans;
5.2.i. Criteria used by lenders;
5.2.j. Financial viability assessment
				methods;
5.2.k. Operator
				certification;
5.2.l. Financial and
				managerial training;
5.2.m. Permit
				application data;
5.2.n. Capital
				improvement plans;
5.2.o.
				Comprehensive performance evaluation;
5.2.p. Consumer complaint records;
5.2.q. State-wide studies of water quality or
				quantity;
5.2.r. State revolving
				fund loan application;
5.2.s.
				Budgeting worksheets;
5.2.t. Annual
				financial reports;
5.2.u. Source
				water assessment programs;
5.2.v.
				Water conservation plans;
5.2.w.
				Emergency response plans;
5.2.x.
				Certificates of convenience and necessity (CCN);
5.2.y. Review of audit reports;
5.2.z. Bond issue reviews;
5.2.aa. Rate reviews and approvals;
5.2.bb. Credit rating services;
5.2.cc. Financial assurance
				mechanisms;
5.2.dd. Consumer
				confidence reports; and
5.2.ee.
				Interviews with personnel familiar with the system.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-61 - Public Water Systems Capacity Development › Section 64-61-6 - Inspections and Sanitary Surveys of Public Water Systems

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Public water systems shall be inspected
				as scheduled by the director, and sanitary surveys shall be conducted by the
				director.
6.2. Surveys will be
				performed with in-depth emphasis on capacity development. As a minimum,
				inspectors shall evaluate the following:
6.2.a. The reliability of the system's
				overall infrastructure, including source water protection, treatment,
				distribution system, and storage;
6.2.b. The treatment process schematic
				diagrams and determination of the appropriateness of the treatments given the
				sources used and raw water quality;
6.2.c. The distribution system maps and plan,
				including operation and maintenance schedules and procedures;
6.2.d. Pump operating condition, including
				the presence of reserve pumps;
6.2.e. The technical competence of the system
				operator;
6.2.f. Overall management
				and operations of the system;
6.2.g. Safety practices; and
6.2.h. Records and record keeping.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-61 - Public Water Systems Capacity Development › Section 64-61-7 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Penalties are
				as provided in W. Va. Code '16-1-18.
				In addition, the director may seek injunctive relief in the circuit court of
				the county in which all or part of the public water system is situated for
				threatened or continuing violations.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-61 - Public Water Systems Capacity Development › Section 64-61-8 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Those
				persons adversely affected by the enforcement of this rule desiring a contested
				case hearing to determine any rights, duties, interests, or privileges shall do
				so in a manner prescribed in the rule, Division of Health, 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 64-62 - Meetings Of The Regional Health Advisory Councils › Section 64-62-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				procedural rule establishes procedures by which the time and the place of all
				regularly scheduled meetings of regional health advisory councils and the time,
				place and purpose of all special meetings are made available in advance to the
				public and the news media except in the event of an emergency requiring
				immediate official action.
1.2.
				Authority. -- W. Va. Code '16-2D-5a.
Related
- W. Va. Code '16-9A-3.
1.3. Filing Date. -- August 9,
				1989.
1.4. Effective Date. --
				September 8, 1989.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-62 - Meetings Of The Regional Health Advisory Councils › Section 64-62-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				This rule applies to meetings of the regional health advisory councils and any
				and all individuals desiring to attend or to address the council. The
				enforcement of this rule shall be vested with the department of
				health.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-62 - Meetings Of The Regional Health Advisory Councils › Section 64-62-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Council -
				means any of the regional health advisory councils created under W.Va. Code
				'16-2D-5a(i)
				to provide local input into the health care planning process for each planning
				and development council region of the state.
3.2. Chairperson - means the council member
				elected by a majority vote of each regional health advisory council to serve as
				chairperson.
3.3. Department -
				means the West Virginia department of health.
3.4. Meeting - means the convening of each
				council for which a quorum is required in order to make policy recommendations
				regarding the state health planning process and annual updates of the state
				health plan.
3.5. Planning and
				Development Council Regions - means the eleven planning and development council
				regions established in accordance with W.Va. Code '8-25-4.
3.6. Quorum - The presence of a majority of
				the members of each council.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-62 - Meetings Of The Regional Health Advisory Councils › Section 64-62-4 - Meetings; Public Notice; Voting; Officers

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Meetings of the council may be called by
				its chairperson and upon request of the department: Provided, that the council
				must meet at least quarterly. The chairperson may call a meeting upon the
				request of a majority of the members of the council.
4.2. The department, on behalf of the
				council's chairperson, shall notify council members in writing at least
				fourteen (14) days in advance of a meeting, setting forth the time and place of
				such meeting and the matters to be considered.
4.3. The council may, without notice, move
				the location of the meeting to accommodate members of the public who wish to
				attend such meetings in the event the meeting room is too small to accommodate
				such attendance.
4.4. The
				department, on behalf of the chairperson, shall file a notice with the office
				of the secretary of state of the time, place and purposes of each meeting for
				publication in the state register in accordance with the requirements of the
				secretary of state.
4.5. All
				meetings of the council shall be open to the public, except as provided in
				W.Va. Code '6-9A-4.
4.6. The council shall elect officers for two
				year terms. At a minimum, a chairperson shall be elected. Other officers shall
				be elected at the discretion of the council.
4.7. The vote of a majority of all members
				present at any meeting of each council shall be necessary to take action. Proxy
				voting is prohibited.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-62 - Meetings Of The Regional Health Advisory Councils › Section 64-62-5 - Records

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The council
				shall prepare written minutes of all meetings for submission to the department
				of health. All such minutes shall be available to the public from the
				department within a reasonable time after the meeting and shall include the
				following information:
(a) The date, time and
				place of the meeting;
(b) The name
				of each council member present or absent;
(c) All motions, proposals, resolutions and
				measures proposed, the name of the person proposing each motion and its
				disposition; and
(d) The results of
				all votes and, upon request of a member, the vote of each member by
				name.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-62 - Meetings Of The Regional Health Advisory Councils › Section 74-62-6 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The provisions
				of this rule are declared to be severable. If any provision of this rule are
				held invalid, the remaining provisions shall remain in effect.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-63 - Asbestos Abatement Licensing Rule › Section 64-63-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes procedures and standards for the licensure and
				training of persons who engage in activities related to asbestos abatement and
				the operation of asbestos abatement projects; it also identifies the
				responsibilities of owners of buildings or other man-made structures where
				asbestos abatement projects are being conducted.
1.2. Authority. -- W. Va. Code '16-32-3.
1.3. Filing Date. -- April 3, 1998.
1.4. Effective Date. -- May 4,
				1998.
1.5. Repeal of Former Rule.
				-- This rule repeals and replaces West Virginia Division of Health
				Administrative Rules, 64 CSR 63, Asbestos Abatement Licensing Rule,
				1990.
1.6. Application. -- This
				rule applies to: all owners of buildings and other man-made structures; all
				persons who conduct asbestos abatement projects; all asbestos analytical
				laboratories; all persons who perform the work of asbestos clearance air
				monitors, contractors, inspectors, management planners, project designers,
				supervisors, workers; and all resilient floor covering workers: Provided, That
				any individual, corporation, partnership, sole proprietorship, firm,
				enterprise, franchise, association or any business entity which contracts to
				remove resilient floor covering materials in single-family dwellings is not
				required to be licensed as an asbestos contractor.
1.7. Enforcement. -- This rule is enforced by
				the director[1] of the division of health.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-63 - Asbestos Abatement Licensing Rule › Section 64-63-4 - Licensed Contractor Duties

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Licensed asbestos contractors shall:
4.1.a. Ensure that each of the contractor's
				employees or agents who will come into contact with asbestos or who will be
				responsible for an asbestos abatement project is properly licensed;
4.1.b. Ensure that each asbestos abatement
				project is supervised on-site by a licensed asbestos supervisor;
4.1.c. Not begin an asbestos abatement
				without written documentation that all the requirements for notification and
				fees set forth in Section 10 of this rule have been met;
4.1.d. Not participate in an asbestos
				abatement project not designed by a licensed asbestos project
				designer;
4.1.e. Ensure that each
				asbestos abatement project takes place in a contained work area, where required
				by 29 CFR ' 1926.1101 or, where feasible, as determined by a licensed asbestos
				project designer;
4.1.f. Ensure
				that each contained work area is under a negative-pressure, HEPA-filtered
				exhaust system and meets the minimum clearance standard set forth in Section 6
				of this rule before allowing reoccupancy;
4.1.g. Ensure that the asbestos clearance air
				monitor is provided with an accurate and precise written description of the
				location of any asbestos abatement project prior to the collection of any air
				samples;
4.1.h. Ensure that each
				contained work area is visually inspected prior to the clearance monitoring air
				to determine whether the asbestos abatement project has been properly
				completed;
4.1.i. Remove exterior
				asbestos-containing sidings, cementeous materials, and roofing materials intact
				with minimal breakage during an asbestos abatement project;
4.1.j. Not construct a mobile contained work
				area to remove large amounts of asbestos-containing materials to circumvent the
				minimum clearance standards set forth in this rule;
4.1.k. Use disposal sites which are in
				conformance with applicable federal, state and local laws, rules, and
				regulations;
4.1.l. Prepare a
				record of each asbestos abatement project as required by Sections 4.2 and 4.3
				of this rule, and make the record available to the department, the division of
				environmental protection, and the division of labor of the bureau of commerce
				upon request; and
4.1.m. Keep the
				records required by Section 4.1.l of this rule at least thirty (30)
				years.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-63 - Asbestos Abatement Licensing Rule › Section 64-63-5 - Clearance Air Monitor Duties

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Prior to clearing the contained area of an asbestos abatement project for
				reoccupancy, a clearance air monitor shall:
5.1.a. Conduct a visual inspection of the
				contained work area to confirm removal of asbestos-containing materials and for
				cleanliness prior to taking samples;
5.1.b. Ensure that all sampling equipment is
				functional and calibrated in accordance with manufacturers specifications, and
				that a written record of the calibration is maintained;
5.1.c. Ensure that air monitoring
				incorporates aggressive sampling condition activity to dislodge any remaining
				dust by sweeping all floors, walls, and ceilings with a leaf blower with a
				minimum of one (1) horsepower prior to sampling; and by operating one (1)
				operating stationary twenty inch (20") fan directed at the ceiling for every
				ten thousand (10,000) cubic feet or fraction thereof in the contained area
				during sampling;
5.1.d. Ensure that
				the recommended air volume is drawn on each sampling cassette as prescribed by
				the analytical method;
5.1.e.
				Ensure that asbestos abatement projects which take place in schools are
				completed in compliance with 40 CFR Part 763, Subpart E, Asbestos-Containing
				Material in Schools;
5.1.f. Ensure
				that the minimum number of air samples set forth in Table 64-63B found at the
				end of this rule are collected in non-school asbestos abatement projects;
				and
5.1.g. Generate a written
				report to confirm or deny clearance of the contained work areas of an asbestos
				abatement project at the conclusion of the project.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-63 - Asbestos Abatement Licensing Rule › Section 64-63-6 - Minimum Air Clearance Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A contained work area in a school shall
				be cleared for reoccupancy in accordance with 40 CFR Part 763, Subpart E,
				Asbestos-Containing Materials in Schools.
6.2. A contained work area in a building or
				other man-made structure which is not a school may be cleared for reoccupancy
				when the number of samples required by Section 5.1.f of this rule are taken,
				and the samples meet the following standards:
6.2.a. 0.01 f/cc (asbestos fibers per cubic
				centimeter) for each sample analyzed by PCM; or
6.2.b. 0.02 s/cc (asbestos structures per
				cubic centimeter) for each sample analyzed by TEM.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-63 - Asbestos Abatement Licensing Rule › Section 64-63-7 - Asbestos Inspector Duties

Current through Register Vol. XLI, No. 28, July 12, 2024
Licensed asbestos inspectors shall:
7.1. Thoroughly inspect interior and exterior
				materials suspected of containing asbestos which may be affected by the
				renovation or demolition, and sample the material for testing, unless it is
				assumed to contain asbestos;
7.2.
				For all asbestos abatement projects, follow the inspection and sampling
				procedures contained in 40 CFR Part 763, Subpart E, Asbestos-Containing
				Materials in Schools, to identify interior and exterior materials suspected of
				containing asbestos; and
7.3.
				Generate a written report which at a minimum:
7.3.a. Identifies by narrative any sampling
				locations where the presence of asbestos-containing material has been
				confirmed;
7.3.b. Details the
				location and amount of all materials suspected of or assumed to contain
				asbestos;
7.3.c. Lists analysis
				results for all samples taken of materials suspected to contain asbestos;
				and
7.3.d. Includes drawings or
				narrative descriptions of the locations where bulk samples of materials
				suspected of containing asbestos were obtained.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-63 - Asbestos Abatement Licensing Rule › Section 64-63-8 - Asbestos Project Designer Duties

Current through Register Vol. XLI, No. 28, July 12, 2024
Licensed asbestos project designers shall generate a written
				  project design that provides:
8.1. A
				chronological time frame for each facet of the abatement activity;
8.2. The name and address of the building or
				other man-made structure where each asbestos abatement project is to
				occur;
8.3. The name, address,
				phone number, and copies of the asbestos-abatement training certificates and
				licenses of the project designer;
8.4. A schematic floor plan showing the
				asbestos abatement project area, including a description of the characteristics
				of the material;
8.5. A statement
				identifying the abatement activity as repair, removal, encapsulation, or
				enclosure;
8.6. A schematic floor
				plan of the containment area which shows the physical dimensions, entrance,
				exit, windows, decontamination unit, load-out area, emergency exits, placement
				of the HEPA exhaust air filtration units, any measuring devices, warning signs,
				and barrier tape;
8.7. The
				specifications for:
8.7.a. The construction of
				and the amounts of materials needed to build the project containment area
				structure, which shall be separated from the uncontaminated environment by
				polyethylene sheeting or other materials used in conjunction with the existing
				floors, ceilings, and walls of the structure;
8.7.b. The number and capacity of HEPA
				exhaust air filtration units and backups;
8.7.c. Air monitoring of personnel;
				and
8.7.d. Clearance of the
				contained work area for reoccupancy, including the number of sample collection
				points and the analytical method to be employed;
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-63 - Asbestos Abatement Licensing Rule › Section 64-63-9 - Training Accreditation

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				The director has the authority to accredit asbestos abatement courses provided
				within West Virginia. In approving asbestos abatement training courses, the
				director shall rely on the standards for training courses found at 40 CFR Part
				763, Subpart E, Appendix C, Model Accreditation Plan, and these standards are
				hereby adopted by reference.
9.2.
				Persons wishing asbestos abatement training course accreditation shall submit
				an application on forms approved by the Director, together with the fee
				required by W. Va. Division of Health Administrative Rules, 64 CSR 51, Fees for
				Services.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-63 - Asbestos Abatement Licensing Rule › Section 64-63-10 - Responsibilities of Owners

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				Except as stated in Sections 10.3 and 10.4 of this rule, the owner of a
				building or other man-made structure shall ensure that:
10.1.a. Each building or other man-made
				structure he or she owns is inspected for the presence of asbestos by a
				licensed asbestos inspector prior to any renovation or demolition
				activities;
10.1.b. Each asbestos
				abatement project in the building or other man-made structure is designed by a
				licensed asbestos abatement designer;
10.1.c. The division is notified at least ten
				(10) working days prior to commencement of each asbestos abatement project and
				that the notification fees specified in W. Va. Division of Health
				Administrative Rules, 64 CSR 51, Fees for Services, are submitted with the
				notification: Provided, That in an emergency resulting from a sudden unexpected
				event which is not a planned renovation or demolition, the notification and
				fees shall be submitted to the division as soon as possible after the
				emergency, but no later than the next working day following the
				emergency;
10.1.d. Any other
				applicable West Virginia and federal notification requirements for asbestos
				abatement projects are carried out; and
10.1.e. The asbestos clearance air monitor is
				provided with an accurate and precise written description of the asbestos
				abatement project prior to the collection of air samples used to determine
				compliance with clearance standards.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-63 - Asbestos Abatement Licensing Rule › Section 64-63-11 - Applicable Federal Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
All persons licensed under this rule shall comply with the
				  applicable portions of the following federal standards which were in effect as
				  of August 19, 1996 which are hereby incorporated by reference:
11.1. 40 CFR Part 763, Subparts E,
				Asbestos-Containing Materials in Schools; F, Friable Asbestos-Containing
				Materials In Schools; and G, Asbestos Abatement Projects;
11.2. 40 CFR Part 61, Subpart M, National
				Emission Standards for Hazardous Air Pollutants;
11.3. 29 CFR, Part 1926, Safety and Health
				Regulations for Construction, Subpart D, Occupational Health and Environmental
				Controls ' 1926.1101, Asbestos; and
11.4.
									15 U.S.C.
				2646, Toxic Substances Control Act, Section
				206.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-63 - Asbestos Abatement Licensing Rule › Section 64-63-12 - Inspections

Current through Register Vol. XLI, No. 28, July 12, 2024
The director has the right to enter any asbestos abatement
				  project and to conduct inspections to determine compliance with this
				  rule.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-63 - Asbestos Abatement Licensing Rule › Section 64-63-13 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The director
				shall, depending upon the severity of the violation and upon the degree of
				health hazard created, reprimand, or suspend or revoke the license of an
				asbestos analytical laboratory, clearance air monitor, contractor, inspector,
				management planner, project designer, supervisor, worker, or a resilient floor
				covering worker, if the licensee:
13.1.a.
				Fraudulently or deceptively obtains or attempts to obtain a license;
13.1.b. Fails at any time to meet the
				qualifications for a license or to comply with the requirements of W. Va. Code
				'16-32-1 et
				seq. or this rule; or
13.1.c.
				Knowingly falsifies or attempts to falsify documents related to an asbestos
				abatement project or license.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-63 - Asbestos Abatement Licensing Rule › Section 64-63-14 - 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 W. Va. Division
				  of Health Administrative Rules, Rules and Procedures for Contested Case
				  Hearings and Declaratory Rulings, 64 CSR 1.
Table 64-63A. Licensure Fee Schedule
.
Type of License
Fee
Asbestos Worker Asbestos Inspector Asbestos Project
						  Designer Asbestos Supervisor Asbestos Management Planner Asbestos Clearance Air
						  Monitor Asbestos Contractor Asbestos Analytical Laboratory Air Sample Analysis
						  Only Bulk Sample Analysis Only Bulk and Air Sample Analysis Resilient Floor
						  Covering Worker
$ 50 100 100 100 100 100 300 200 200 300 50
Table 64-63B. Minimum Number of Air Samples for
				  Non-School Asbestos Abatement Projects
.
Size of Contained Work Area
Minimum Number
of Samples
# 49 ft2
0
50 - 160 ft2
2
161 - 2,500 ft2
3
2,501 - 5,000 ft2
4
5,001 - 10,000 ft2
5
10,000 ft2
Calculate*
*Five (5) samples plus one (1) additional sample for each
				  additional 5,000 square feet.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-64 - Aids-Related Medical Testing and Confidentiality › Section 64-64-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
Scope
				-
This legislative rule establishes specific standards and procedures
				concerning AIDS-related medical testing; record confidentiality and disclosure;
				consent for testing by a legal representative; exclusion from schools;
				reporting requirements for physicians, laboratories and other health care
				providers; the approval of laboratories for HIV testing; and other matters
				pertinent and necessary for the implementation of the AIDS-Related Medical
				Testing and Records Confidentiality Act,
W. Va. Code
§
				16-3C-1,
et seq.
This rule supplements the AIDS-Related Medical Testing and
				  Records Confidentiality Act,
W. Va. Code
§
				  16-3C-1
et seq.,
and should be read in conjunction with the
				  Act.
1.2.
Authority
				- W. Va. Code
§§
									16-1-4,
				16-1-11(a), 16-3C-8, and 16-5J-3.
1.3.
Filing Date -
April 28,
				2016
1.4.
Effective Date
				-
July 1,2016
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-64 - Aids-Related Medical Testing and Confidentiality › Section 64-64-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application - This rule applies to:
2.1.a.
				Health facilities;
2.1.b. Health
				care providers;
2.1.c. Funeral
				service providers and personnel;
2.1.d. Schools;
2.1.e. Persons with access to or in charge of
				medical records or other sources of information regarding AIDS-related testing
				information;
2.1.f. Laboratories
				seeking approval to conduct AIDS-related tests to be used in this
				State;
2.1.g. Health care providers
				or emergency responders and their employers;
2.1.h. Spouses, sexual contacts and
				intravenous (IV) drug contacts who may be at risk of having acquired the HIV
				infection as a result of the possible exchange of body fluids; and
2.1.i. Law enforcement, prosecuting attorneys
				and judicial officers involved with charging and adjudicating persons for
				sexual offenses as set forth in
W. Va. Code
§
				16-3C-2(f)(2).