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 64-28 - Ice Cream and Frozen Milk › Section 64-28-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --These
				legislative rules establishes the minimum sanitation requirements for ice cream
				plants.
1.2. Authority. --W. Va.
				Code §
									16-1-7
1.3. Filing Date. - November 28,1967
1.4. Effective Date. - December
				29,1967
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-28 - Ice Cream and Frozen Milk › Section 64-28-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application These legislative rules apply to the owners and operators of ice
				cream plants.
2.2. Enforcement -
				The enforcement of these legislative rules is vested with the director of the
				West Virginia department of health or his lawful designee.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-28 - Ice Cream and Frozen Milk › Section 64-28-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Ice cream mix
				is hereby defined to include a mixture of all milk products and sugar used in
				the ice cream, together with all good stabilizers and egg products if such are
				used and with or without flavoring materials and color.
3.2. Ice cream plant shall be construed to
				mean any place, premises or establishment, or any part thereof, where ice cream
				and other frozen products, as defined above, are collected, processed,
				manufactured, handled or prepared for distribution or sale.
3.3. Person includes masculine and feminine,
				and any firm, co-partnership, institution, association, or corporation and any
				agent, servant, assistant, employee or representative thereof.
3.4. To sell, for sale, or sold, and similar
				terms means the selling, exchanging, delivering or having in possession, care,
				control or custody with intent to sell, exchange, deliver or offer or expose
				for sale.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-28 - Ice Cream and Frozen Milk › Section 64-28-5 - Bacterial Count

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. No person,
				firm or corporation shall exchange or deliver any ice cream which contains more
				than 500,000 bacteria per cubic centimeter.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-28 - Ice Cream and Frozen Milk › Section 64-28-6 - No Resale Permitted

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. No old
				or melted ice cream returned to a manufacturer from whatever cause shall again
				be used in the preparation of ice cream.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-29 - Fatality and Mortality Review Team › Section 64-29-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope - This
				rule establishes standard procedures for the formation and conduct of the
				Fatality and Mortality Review Team. The Fatality and Mortality Review Team
				(FMRT) is a multidisciplinary team created to oversee and coordinate the
				examination, review and assessment of special cases of death where other than
				natural causes are suspected. This rule should be read in conjunction with W.
				Va. Code §
									61-12A-1,
				et seq. The W. Va. Code is available in public libraries and on the
				Legislature's web page,
http://www.legis.state.wv.us/
.
1.2. Authority - W. Va. Code §
									16-1-4
				and §
									61-12A-2(c).
1.3. Filing Date-
1.4. Effective Date-
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-29 - Fatality and Mortality Review Team › Section 64-29-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application - This rule applies to the Fatality and Mortality Review Team and
				also to four fatality and mortality Advisory Panels set forth WV Code §
									61-12A-1,
				et seq. and described in this rule.
2.2. Enforcement - This rule is enforced by
				the Commissioner and by the Chief Medical Examiner in the Bureau for Public
				Health.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-29 - Fatality and Mortality Review Team › Section 64-29-4 - Membership of the Fatality and Mortality Review Team

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Chief Medical Examiner (CME) in the
				Bureau for Public Health, or his or her designee, shall serve as the
				chairperson and is responsible for calling and coordinating meetings of the
				FMRT as well as the meetings of the four (4) Advisory Panels described in this
				rule.
4.2. In addition to the Chief
				Medical Examiner there shall be three other members of the FMRT, as follows:
4.2.a. The Commissioner of the Bureau for
				Public Health or his or her designee;
4.2.b. The Superintendent of the West
				Virginia State Police or his or her designee; and
4.2.c. A Prosecuting Attorney, who shall be
				appointed by the Governor and who shall serve for a term of three years and may
				be reappointed for a second or subsequent term. The prosecuting attorney
				appointed to the FMRT shall continue to serve until his or her term expires or
				until his or her successor has been appointed.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-29 - Fatality and Mortality Review Team › Section 64-29-5 - Fatality and Mortality Review Team and Advisory Panels

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Fatality and Mortality Review Team
				shall establish four Advisory Panels to carry out the purposes of the WV Code
				§
									61-12A-1,
				et seq. The members of the FMRT shall serve on each of the Advisory Panels
				described in this section.
5.2. The
				four Advisory Panels shall be set up as follows:
5.2.a. An Unintentional Pharmaceutical Drug
				Overdose Review Panel (UPDORP) created to examine, analyze and review deaths
				from unintentional prescription or pharmaceutical drug overdoses;
5.2.b. A Child Fatality Review Panel (CFRP)
				to examine, analyze and review deaths of children under the age of eighteen
				years;
5.2.c. A Domestic Violence
				Fatality Review Panel (DVFRP) to examine, analyze and review deaths resulting
				from suspected domestic violence; and
5.2.d. An Infant and Maternal Mortality
				Review Panel (IMMRP) to examine, analyze and review the deaths of infants and
				women who die during pregnancy, at the time of birth or within one year of the
				birth of a child.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-29 - Fatality and Mortality Review Team › Section 64-29-6 - Annual Report

Current through Register Vol. XLI, No. 28, July 12, 2024
The Fatality and Mortality Review Team shall submit an annual
				  report to the Governor and to the Legislative Oversight Committee on Health and
				  Human Resources Accountability concerning its activities and the activities of
				  the Advisory Panels. The report is due annually on December 1 and it shall
				  include statistical information concerning cases reviewed during the year,
				  trends and patterns concerning these cases and the panel's recommendations to
				  reduce the number of fatalities and mortalities that occur in the
				  state.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-29 - Fatality and Mortality Review Team › Section 64-29-8 - Responsibilities of Child Fatality Review Panel

Current through Register Vol. XLI, No. 28, July 12, 2024
The CFRP shall perform reviews of deaths of all children who
				  were residents of the State of West Virginia at the time of death, regardless
				  of the place of death, with the objective of identifying causal patterns in
				  child fatalities.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-29 - Fatality and Mortality Review Team › Section 64-29-9 - Conduct and Membership of the Child Fatality Review Panel

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The current membership of the CFRP shall
				remain effective and authorized to carry out the duties described in this rule
				and the authorizing statute. Any vacancies shall be filled by nomination from
				the Fatality and Mortality Review Team. The CFRP shall meet monthly. The CFRP
				shall be comprised of the following members, appointed for three year terms:
9.1.a. The Chief Medical Examiner, who shall
				serve as Chairperson of the Panel and is responsible for calling and
				coordinating the meetings;
9.1.b.
				Two prosecuting attomeys or their designees;
9.1.c. The State Superintendent of the State
				Police or his or her designee;
9.1.d. One law-enforcement official who is
				not a member of the WV State Police;
9.1.e. One child protective services worker
				currently employed in investigating reports of child abuse and
				neglect;
9.1.f. One physician,
				specializing in the practice of pediatric or family medicine;
9.1.g. One social worker who may be employed
				in the area of public health;
9.1.h. The Director of the Office of
				Maternal, Child and Family Health in the Department of Health and Human
				Resources or his or her designee;
9.1.i. The Director of Children's Mental
				Health Services in the Bureau for Behavioral Health and Health Facilities or
				his or her designee;
9.1.j. The
				Director of the Office of Social Services in the Bureau for Children and
				Families or his or her designee;
9.1.k. The Superintendent of the Department
				of Education or his or her designee;
9.1.l. The Director of the Division of
				Juvenile Services or his or her designee; and
9.1.m. The President of the West Virginia
				Association of School Nurses or his or her designee.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-29 - Fatality and Mortality Review Team › Section 64-29-10 - Responsibilities of Domestic Violence Fatality Review Panel

Current through Register Vol. XLI, No. 28, July 12, 2024
The DVFRP shall perform reviews of all suspected domestic
				  violence deaths occurring in the State of West Virginia.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-29 - Fatality and Mortality Review Team › Section 64-29-11 - Conduct and Membership of Domestic Violence Fatality Review Panel

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The DVFRP
				shall meet as needed to fulfill its mission, but no less frequently than
				quarterly.
11.2. The DVFRP shall be
				comprised of the following members:
11.2.a.
				The Chief Medical Examiner, who shall serve as the chairperson of the DVFRP and
				is responsible for calling and coordinating the meetings;
11.2.b. Four prosecuting attorneys of their
				designees;
11.2.c. The
				Superintendent of the West Virginia State Police or his or her
				designee;
11.2.d. One county
				law-enforcement official;
11.2.e.
				One local municipal police officer;
11.2.f. One physician, resident or nurse
				practitioner specializing in the practice of family medicine or emergency
				medicine;
11.2.g. One physician,
				resident or nurse practitioner specializing in the practice of obstetrics and
				gynecology;
11.2.h. One adult
				protective service worker currently employed in investigation reports of adult
				abuse or neglect;
11.2.i. One
				social worker who may be employed in medical social work;
11.2.j. The Commissioner of the Bureau for
				Behavioral Health and Health Facilities of the Department of Health and Human
				Resources or his or her designee; or his or her designee;
11.2.k. The Commissioner of the Bureau for
				Children and Families of the Department of Health and Human Resources or his or
				her designee;
11.2.l. One domestic
				violence advocate from a licensed domestic violence program;
11.2.m. A representative of the West Virginia
				Coalition Against Domestic Violence;
11.2.n. The Commissioner of the Division of
				Corrections or his or her designee; and
11.2.o. The Director of the Office of
				Epidemiology and Prevention Services in the Bureau for Public Health or his or
				her designee.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-29 - Fatality and Mortality Review Team › Section 64-29-12 - Responsibilities of Infant and Maternal Mortality Review Panel

Current through Register Vol. XLI, No. 28, July 12, 2024
The Infant and Maternal Mortality Review Panel shall perform
				  the following duties: review all deaths of infants who die in the first year of
				  life and women who die during pregnancy, at the time of birth or within one
				  year of the birth of a child from any cause related to or aggravated by
				  pregnancy or its management but not from accidental or incidental causes;
				  establish the trends, patterns and risk factors; provide statistical analysis
				  regarding the causes of infant and maternal deaths in West Virginia; and
				  promote public awareness of the incidence and causes of infant and maternal
				  deaths.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-29 - Fatality and Mortality Review Team › Section 64-29-13 - Conduct and Membership of Infant and Maternal Mortality Review Panel

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The Infant
				and Maternal Mortality Review Panel shall meet two to four times per year,
				based upon the number of deaths. Members of the IMMRP shall serve for terms of
				five years and may be reappointed.
13.2. The IMMRP shall be comprised of the
				following members:
13.2.a. The Director of the
				office of Maternal, Child and Family Health, who shall serve as the chairperson
				of the IMMRP and is responsible for calling and coordinating the
				meetings;
13.2.b. The Commissioner
				of the Bureau for Public Health or his or her designee;
13.2.c. The Chief Medical Examiner in the
				Bureau for Public Health or his or her designee;
13.2.d. The Director of the Office of Vital
				Statistics in the Bureau for public Health or his or her designee;
13.2.e. Representation from each of the three
				medical schools in the state;
13.2.f. The Director of Obstetrics, the
				Director of the Neonatal Intensive Care Unit and the Director of Pediatrics at
				each of the tertiary care hospitals in the state;
13.2.g. On representative from the West
				Virginia State Medical Association;
13.2.h. One representative from the West
				Virginia Nurses Association;
13.2.i. One representative from the West
				Virginia Society of Osteopathic Medicine;
13.2.j. One representative from the West
				Virginia Academy of Family Physicians;
13.2.k. One representative from the West
				Virginia Chapter of the American College of Nurse Midwives;
13.2.l. One representative from the West
				Virginia Chapter of the American College of Obstetrics and
				Gynecology;
13.2.m. One
				representative from the West Virginia Chapter of the American Academy of
				Pediatrics;
13.2.n. The Chairperson
				of the Child Fatality Review Panel; and
13.2.o. Any additional person that the
				chairperson of the IMMRP, or the Chairperson of the FMRT, determines is needed
				on a particular case under consideration by the panel.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-29 - Fatality and Mortality Review Team › Section 64-29-14 - Recommended Protocols for Panel Reviews

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. The following are recommended protocols
				to aid in the review of unintentional pharmaceutical drug overdose, child,
				domestic violence and infant and maternal deaths by all four of the Fatality
				and Mortality Review Advisory Panels.
14.1.a.
				All Review Panel members shall sign a sworn statement promising to maintain the
				confidentiality of information, records, discussions and opinions disclosed
				during reviews.
14.1.b. The Review
				Panel may call for an immediate review of medical records requested from
				physicians and hospitals treating the person whose death is under review to try
				and determine causes and possible preventative measures related to the
				death.
14.1.c. Review Panel members
				shall receive materials in advance of the meeting and review cases
				de-identified following nationally recommended guidelines and processes at
				meetings.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-29 - Fatality and Mortality Review Team › Section 64-29-15 - Confidentiality

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. All
				information and records of the FMRT, and opinions expressed by members are
				confidential not to be released or disclosed except as aggregate data in the
				FMRT annual report required to be filed in accordance with section 6 of this
				rule.
15.2. Proceedings, records
				and opinions of the FMRT and each of the Advisory Panels are confidential, and
				are not subject to discovery, subpoena or introduction into evidence in any
				civil or criminal proceeding. Nothing in this subsection is to be construed to
				limit or restrict the right to discover or use in any civil or criminal
				proceeding anything that is available from another source and entirely
				independent of the proceedings of the FMRT or any of the Advisory
				Panels.
15.3. Members of the FMRT
				and each of the Advisory Panels may not be questioned in any civil or criminal
				proceeding regarding information presented in or opinions formed as a result of
				a meeting of the panel. Nothing in this subsection may be construed to prevent
				a member of the FMRT and each of the Advisory Panels from testifying to
				information obtained independently of the panel or which is public
				information.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-30 - Fees for Permits (Repealed) › Section 64-30-4 - Option to Charge for Permits; Basis for Fees; proposed schedule and public comment period required (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-30 - Fees for Permits (Repealed) › Section 64-30-6 - Prorating of Fixed Expiration Date Permit Fees (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-31 - Birthing Center Licensure › Section 64-31-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These legislative rules establish rules and procedures for the licensing of
				birthing centers for the purpose of providing an alternate method of giving
				birth. The rules are designed to ensure adequate care and accommodations for
				clients of birthing centers while not hampering the development of such
				centers.
1.2. Authority. -- W. Va.
				Code '16-2E-3
				and '16-2E-1 et seq.
1.3. Filing
				Date. -- April 18, 1984.
1.4.
				Effective Date. -- May 18, 1984.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-31 - Birthing Center Licensure › Section 64-31-3 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Application - These legislative rules shall apply to any person, partnership,
				association or corporation and any local governmental unit or any division,
				department, board or agency thereof establishing, conducting, managing or
				operating a birthing center.
3.2.
				Exceptions
3.2.1. A birthing service or
				center operated as a service within a hospital shall be licensed under hospital
				licensure regulations as promulgated under Chapter 16, Article 5B of the West
				Virginia Code of 1931, as amended.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-31 - Birthing Center Licensure › Section 64-31-5 - State Administrative Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. General Licensure Provisions
5.1.1. No person, partnership, association,
				corporation, or any local governmental unit or any division, department, board
				or agency thereof may operate a birthing center in the State of West Virginia
				without first obtaining a license under these rules.
5.1.2. Neither an original nor a renewal
				license shall be issued under these rules for a project reviewable under
				Chapter 16, Article 2D of the West Virginia Code of 1931, as amended, unless
				the state health planning and development agency has issued a finding, after a
				final conformance review, that the completed project conforms to the terms of
				the certificate of need decision issued for the project. Evidence of compliance
				shall be supplied with licensure applications.
5.1.3. A license shall be valid only for the
				premises and persons named and described in the application, shall not be
				transferable or assignable and shall be surrendered to the director upon
				written demand stating the cause for the demand.
5.1.4. If the ownership of a birthing center
				with a valid unexpired license changes, the new owner shall apply for a new
				license. The application of the new owner for a license shall have the effect
				of a valid license for three months from the date the application is received
				by the director.
5.1.5. A license
				shall state:
(a) the specific name of the
				birthing center to which it applies;
(b) the date of issuance; and
(c) the expiration date. A birthing center
				name change shall be shown in the next license issued.
5.1.6. The license shall be posted in a
				conspicuous and public place of the birthing center.
5.1.7. Neither the name of the birthing
				center nor any advertising of the center's services shall suggest or claim any
				services other than those given on the application and for which the center is
				licensed.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-31 - Birthing Center Licensure › Section 64-31-6 - Physical Facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Life
				Safety - The birthing center shall be in compliance with the National Fire
				Protection Association, National Fire Codes and the Fire Prevention Code known
				as the Fire Safety Code, as adopted by the West Virginia fire commission and
				the additional promulgated fire safety regulations as filed by the state fire
				commission.
6.2. General
				Construction
6.2.1. There shall be drainage,
				sewerage disposal, hot and cold running water supply, and electricity which
				shall meet state and local laws and rules and regulations. Evidence of
				compliance shall be available in the birthing center and shall, upon written
				request, be submitted to the director.
6.2.2. Local building codes and zoning
				restrictions shall be observed. Evidence of compliance shall be available in
				the birthing center and shall, upon written request, be submitted to the
				director.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-31 - Birthing Center Licensure › Section 64-31-7 - Governance and Management

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				birthing center shall identify to the director the governing body or person so
				functioning which has the overall authority and responsibility for the
				operation and management of the birthing center.
7.2. The birthing center shall adopt and
				implement written policies and procedures which shall include at a minimum:
(a) the health care and safety of clients
				within or on the premises of the birthing center;
(b) the operation of the facility;
(c) services provided by the
				facility;
(d) the health and safety
				of facility staff within or on the premises of the birthing center;
(e) personnel policies and procedures,
				including job descriptions and educational and training requirements;
(f) orientation, training and education
				programs for staff; and
(g) other
				policies and procedures required by these rules and regulations.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-31 - Birthing Center Licensure › Section 64-31-8 - Clinical Staffing

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. There
				shall be sufficient, qualified staff available to perform the services offered
				by the birthing center. In evaluating the numbers and qualifications of staff,
				the director shall consider the following criteria:
(a) the number and type of clients of the
				center;
(b) the type of services
				provided by the center;
(c) the
				education, training and experience of the staff as it relates to their job
				responsibilities;
(d) any specific
				requirements of these regulations;
(e) professional credentials; and
(f) state professional licensure
				requirements. All staff and any consultants or volunteers providing services
				under the auspices of the birthing center who are required by state law to be
				licensed, registered or certified shall have valid licenses, registrations or
				certificates, copies of which licenses, registrations or certificates shall be
				on file with the facility.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-31 - Birthing Center Licensure › Section 64-31-9 - Clinical Policies and Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. There shall be written policies,
				including detailed definitions of, screening criteria for, and procedures for
				identifying:
(a) low-risk maternal clients
				who shall be eligible for birthing services offered by the birthing center; and
(b) individuals who shall be
				ineligible for birthing services at the birthing center.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-31 - Birthing Center Licensure › Section 64-31-10 - Pharmaceuticals

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. There shall
				be written prescriptions or orders signed by a practitioner legally authorized
				to prescribe for all drugs administered to clients within the birthing
				center.
10.2. There shall be
				policies and procedures addressing the receiving, transcribing, and
				implementing of orders for administration of drugs.
10.3. Written policies shall be established
				addressing the type, and intended use of any drug to be used by patients within
				the facility.
10.4. Anesthetic
				agents other than local anesthetics and pudendal blocks shall not be
				used.
10.5. Drugs shall be
				administered only by personnel or clinical staff licensed to administer
				drugs.
10.6. Drugs, medications and
				chemicals kept anywhere in the center shall be clearly labeled with drug name,
				strength, and expiration date.
10.7. Drugs, chemicals, and medications shall
				be stored and secured in specifically designated cabinets, closets, drawers, or
				storerooms and made accessible only to authorized persons.
10.8. Drugs shall not be stored in a
				refrigerator used for food storage for clients and families.
10.9. Poisonous chemicals, caustic materials,
				or drugs shall show appropriate warning or poison labels and shall be stored
				separately from other drugs. Drugs for external use shall be separated from
				drugs for internal use.
10.10. The
				birthing center shall be in conformance with any applicable federal, state and
				local laws and regulations relating to drugs and to controlled
				substances.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-31 - Birthing Center Licensure › Section 64-31-11 - Records

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The birthing
				center shall maintain a clinical record system, policies and procedures which
				provide for identification, security, confidentiality, control, retrieval and
				preservation of client care data and information.
11.2. There shall be a health record
				maintained for each maternal and newborn client to include:
(a) personal and family history;
(b) physical examination;
(c) reports of relevant laboratory tests and
				screening procedures;
(d) newborn
				and maternal status during the prenatal period, labor, birth, recovery and
				follow-up;
(e) reports of any
				outside tests, examinations and treatments requested by the birthing center
				during the course of care of the maternal and newborn client;
(f) all services provided to both the
				maternal and the newborn client; and
(g) documentation and authentication by staff
				who order or who administer drugs or treatments or who make observations or
				assessments.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-31 - Birthing Center Licensure › Section 64-31-12 - Client Rights

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Clients
				shall be informed in writing of their rights and responsibilities.
12.2. Clients shall be clearly informed of
				the responsibilities of the birthing center for care of the client, including
				services to be provided and risks during pregnancy, labor, birth, recovery and
				follow-up. Information given shall include as one element the travel time to a
				hospital emergency facility.
12.3.
				Clients shall be clearly informed in writing of the costs of services to be
				provided and of any required services or procedures not included in the charges
				of the center.
12.4. Upon written
				request, the birthing center shall supply a client with an itemized statement
				detailing services provided and charges assessed at no additional cost to the
				client.
12.5. Clients shall be
				informed in writing that health department licensure requirements do not, by
				law, include any standards relating to acceptable site characteristics,
				physical environment or clinical equipment.
12.6. Clients shall have the right to
				participate in the development of their care plans.
12.7. Clients or their authorized agents or
				representatives shall have the right to examine their records at reasonable
				times and shall upon written request be provided with a copy or summary of
				their record within a reasonable period of time. The birthing center shall also
				comply with other provisions of state law found at Chapter 16, Article 29,
				Section 1 et seq. of the West Virginia Code of 1931, as amended, relating to
				client records. The birthing center shall have the right to charge a reasonable
				fee to cover the cost of reasonable expenses incurred in providing the
				copy.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-31 - Birthing Center Licensure › Section 64-31-13 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Director's
				Authority
13.1.1. The director is authorized
				to suspend or revoke a birthing center license according to the provisions of
				Chapter 16, Article 2E, Section 2 of the West Virginia Code of 1931, as
				amended, if he or she finds upon inspection that there has been a substantial
				failure to comply with the provisions of these rules and regulations or with
				the laws of this state or with any order or final decision of the
				director.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-31 - Birthing Center Licensure › Section 64-31-14 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. An
				applicant for a license or a licensee or any other person aggrieved by an order
				or other action by the director pursuant to these regulations or the laws of
				this State shall have the opportunity for a hearing by the director, upon
				written request to the director in a manner prescribed in and by the
				aforementioned Rules of Procedure for Contested Case Hearings and Declaratory
				Rulings (1983) promulgated by the board of health. The aforementioned rules of
				procedure are incorporated herein by reference.
14.2. A hearing pursuant to this section
				shall be conducted in accordance with the pertinent provisions of Chapter 29A,
				Article 5 of the West Virginia Code of 1931, as amended, and the aforementioned
				Rules of Procedure for Contested Case Hearings and Declaratory Rulings
				(1983).
14.3. The director's order
				shall be final unless vacated or modified by judicial review in accordance with
				the provisions of the law of this State.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-31 - Birthing Center Licensure › Section 64-31-15 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
If any provisions of these rules or the application thereof
				  to any person or circumstance shall be held invalid, such invalidity thereof
				  shall not affect the provisions or application of these rules which can be
				  given effect without the invalid provisions or application, and to this end the
				  provisions of these rules are declared to be severable.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-32 - Vital Statistics › Section 64-32-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule complements W. Va. Code §
									16-5-1
et seq.
, the State Vital Statistics Law.
1.2. Authority. -- W. Va. Code §
									16-1-4
				and §
									16-5-3.
1.3. Filing Date. -- April 15,
				2020.
1.4. Effective Date. -- April
				15, 2020.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on April 15,
				2025.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-32 - Vital Statistics › Section 64-32-2 - Duties of State Registrar

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Media, Forms, Certificates, Electronic Data Files.
2.1.a. All forms, certificates, records,
				electronic data files, and reports used in the system of vital statistics are
				the property of the Bureau and shall be surrendered to the State Registrar upon
				demand. The forms prescribed and distributed by the State Registrar for
				reporting vital statistics shall be used only for official purposes. Only those
				forms furnished or approved by the State Registrar shall be used in the
				reporting of vital statistics or in making copies. Electronic data records will
				be accepted only when standards set by the State Registrar are met and with the
				prior approval of the State Registrar before transmission.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-32 - Vital Statistics › Section 64-32-3 - Birth Registration for Out-of-Institution Birth Documentary Evidence

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. When a birth
				occurs in this State outside of a hospital or institution, and the birth
				certificate is filed before the first birthday, the State Registrar may require
				additional evidence in support of the facts of birth.
3.2. The State Registrar shall complete and
				file a certificate of birth upon presentation of the following evidence by the
				individual responsible for filing the certificate:
3.2.a. Evidence of pregnancy, such as, but
				not limited to:
3.2.a.1. A prenatal
				record;
3.2.a.2. A statement from a
				physician or other health care provider qualified to determine
				pregnancy;
3.2.a.3. A home visit by
				a public health nurse or other health care provider; or
3.2.a.4. Other evidence acceptable to the
				State Registrar;
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-32 - Vital Statistics › Section 64-32-4 - Infants of Unknown Parentage; Foundling Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The report for an infant of unknown
				parentage shall be registered on a current certificate of live birth and shall:
4.1.a. Have "foundling" plainly marked in the
				top margin of the certificate;
4.1.b. Show the required facts as determined
				by approximation and have parentage data left blank; and
4.1.c. Show the name and title of the
				custodian in lieu of the attendant.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-32 - Vital Statistics › Section 64-32-5 - Delayed Registration of Birth

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Delayed Certificate of Birth Form.
5.1.a. All certificates registered one year
				or more after the date of birth shall be registered on a delayed certificate of
				birth prescribed and furnished by the State Registrar.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-32 - Vital Statistics › Section 64-32-6 - Certificates of Birth Following Adoption, Legitimation, Paternity Determination, and Paternity Acknowledgment

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Legitimation.
6.1.a. The State Registrar shall prepare a
				new certificate of birth for a child born in West Virginia if the natural
				parents marry after the birth of the child and upon receipt of sworn
				acknowledgment of paternity and a certified copy of the parents' marriage
				record. However, if another man is shown as the father on the original
				certificate of birth, the State Registrar may prepare a new certificate of
				birth only when a determination of paternity is made by a court of competent
				jurisdiction or following adoption.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-32 - Vital Statistics › Section 64-32-7 - Death Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Acceptance of Incomplete Death Certificate.
7.1.a. If all the information necessary to
				complete a death certificate is not available within the time prescribed for
				filing of the certificate, the funeral director or person acting in that
				capacity shall file the certificate with all information that is available and
				satisfactorily account for all the items that are omitted. In all cases the
				medical certification must be provided by the person responsible for the
				certification. If the cause of death is unknown or pending investigation, the
				cause of death shall be shown in those terms on the certificate. The person
				providing the medical certification of cause of death also shall authorize the
				final disposition of the body
7.1.b. The funeral director or person acting
				in that capacity shall file a supplemental report providing the personal
				information omitted from the original certificate with the State Registrar as
				soon as possible, but in all cases within 30 days of the date the death
				occurred.
7.1.c. The certifier
				responsible for providing the medical information shall file a supplemental
				report providing the medical information omitted from the original certificate
				with the State Registrar within 30 days of the date the death occurred. If
				extended time is needed to get information, the certifier shall notify the
				State Registrar. The State Registrar may provide for an extension not to exceed
				60 days or as necessary in cases in which the certifier is a State Medical
				Examiner or his or her designee or county medical examiner or county
				coroner.
7.1.d. The State Registrar
				may direct that a supplemental report be made a part of the existing death
				certificate. The reports shall be considered an amendment and the death
				certificate shall be marked "Amended."
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-32 - Vital Statistics › Section 64-32-8 - Delayed Registration of Death

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The registration of a death after the
				time prescribed by W. Va. Code and rules shall be registered on the current
				certificate of death form or an alternate delayed certificate of death form in
				the manner prescribed in this subsection.
8.1.a. If the attending physician or another
				certifier as specified in W. Va. Code §
										16-5-19(c)(1)
				or the State Medical Examiner or his or her designee or the county medical
				examiner or the county coroner at the time of death and the attending funeral
				director or person who acted in that capacity are available to complete the
				certificate of death, it may be completed without additional evidence and filed
				with the State Registrar. For those certificates filed one year or more after
				the date of death, the attending physician or another certifier as specified in
				W. Va. Code §
										16-5-19(c)(1)
				or the State Medical Examiner or his or her designee or the county medical
				examiner or the county coroner and the funeral director or person who acted in
				that capacity shall state in accompanying affidavits that the information on
				the certificate is based on records kept in their files. Delayed registrations
				of death filed under this provision are to be filed on the current certificate
				of death form and are to be stamped "Delayed."
8.1.b. In the absence of the attending
				physician or another certifier as specified in W. Va. Code §
										16-5-19(c)(1)
				or the State Medical Examiner or his or her designee or the county medical
				examiner or the county coroner and the funeral director or person who acted in
				that capacity, the certificate may be filed by the next of kin or spouse of the
				decedent and shall be accompanied by two documents which identify the decedent
				and his or her date and place of death. Delayed registrations of death filed
				under this provision are to be filed using a delayed certificate of death form
				provided by the State Registrar. A summary statement of the evidence submitted
				in support of the delayed registration shall be endorsed on the delayed
				certificate of death form.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-32 - Vital Statistics › Section 64-32-9 - Disposition of Reports of Fetal Death and Induced Termination of Pregnancy

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Reports of
				induced termination of pregnancy are statistical reports only. The State
				Registrar may dispose of the reports when all statistical processing of the
				reports has been accomplished. However, the State Registrar may establish a
				file of the reports so they will be available for future statistical and
				research projects. The file shall be retained for as long as the State
				Registrar considers necessary and then he or she shall destroy it. The file may
				be maintained by photographic, electronic, or other means as determined by the
				State Registrar, in which case the original report from which the photographic,
				electronic, or other file was made shall be destroyed.
9.2. The provisions of this rule also apply
				to all records or reports of fetal death and are also applicable to filings of
				reports of induced termination of pregnancy filed prior to the adoption of this
				rule. Reports of fetal death filed prior to the adoption of this rule shall be
				retained indefinitely as the original files or photographic or electronic
				files.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-32 - Vital Statistics › Section 64-32-10 - Authorization for Final Disposition

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Removal of Body.
10.1.a. Before removing a dead body or fetus
				from the place of death, the funeral director or person acting in that capacity
				shall:
10.1.a.1. Obtain assurance from the
				attending physician or another certifier as specified in W. Va. Code §
											16-5-19(c)(1),
				the physician or other licensed health professional who pronounces death that
				the death is from natural causes and that the attending physician placed in
				charge of the decedent's care or another certifier as specified in W. Va. Code
				§
											16-5-19(c)(1)
				will assume or has assumed responsibility for certifying to the cause of death
				or fetal death and receive permission to remove the body from the place of
				death; or
10.1.a.2. Notify the
				State Medical Examiner or his or her designee or the county medical examiner or
				the county coroner if the case comes within his or her jurisdiction and obtain
				authorization to remove the body.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-32 - Vital Statistics › Section 64-32-12 - Amendment of Vital Records

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				Amendment of Minor Errors on Birth Certificates During the First Year.
12.1.a. Amendment of obvious errors,
				transposition of letters in words of common knowledge, or omissions may be made
				by the State Registrar within the first year after the date of birth either
				upon his or her own observation or query or upon request of a person as defined
				in subsection 12.3 of this section. When the additions or minor amendments are
				made by the State Registrar, a notation as to the source of the information,
				together with the date the change was made and the initials of the authorized
				agent making the change shall be made on the certificate in such a way as not
				to become a part of any certified copy issued. The certificate shall not be
				marked "Amended."