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 64-112 - Medical Cannabis Program - Dispensaries › Section 64-112-10 - Visitor access to dispensary facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. A dispensary must post a sign in a
				conspicuous location at each entrance of the facility that reads: THESE
				PREMISES ARE UNDER CONSTANT VIDEO SURVEILLANCE. NO ONE UNDER THE AGE OF 18 IS
				PERMITTED TO ENTER UNLESS THE INDIVIDUAL IS A PATIENT OR ACCOMPANIED BY A
				PARENT, GUARDIAN OR CAREGIVER.
10.2. Except as provided in subsection 10.3.,
				only authorized employees of a dispensary may enter a limited access
				area.
10.3. A dispensary must
				require visitors, including vendors and contractors requiring access to a
				limited access area in the dispensary's facility, to present government-issued
				identification, sign a visitor log and wear a visitor identification badge that
				is visible to others at all times while in a limited access area.
10.4. When admitting a visitor under
				subsection 10.3. to a limited access area, a dispensary must:
10.4.a. Require the visitor to sign a visitor
				log upon entering and leaving the limited access area;
10.4.b. Check the visitor's government-issued
				identification to verify that the name on the identification provided matches
				the name in the visitor log. A photocopy of the identification must be retained
				with the log;
10.4.c. Issue a
				visitor identification badge with the visitor's name and company, if
				applicable, and a badge number;
10.4.d. Escort the visitor while the visitor
				remains in a limited access area; and
10.4.e. Ensure that the visitor does not
				touch any medical cannabis located in a limited access area.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-112 - Medical Cannabis Program - Dispensaries › Section 64-112-11 - Security and surveillance

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. A
				dispensary must have security and surveillance systems, utilizing
				commercial-grade equipment, to prevent unauthorized entry, and to prevent and
				detect an adverse loss. The security and surveillance systems must include the
				following:
11.1.a. A professionally monitored
				security alarm system that includes the following:
11.1.a.1. Coverage of all facility entrances
				and exits; rooms with exterior windows, exterior walls, roof hatches or
				skylights; storage rooms, including those that contain medical cannabis, and
				safes; and the perimeter of the facility.
11.1.a.2. A silent security alarm system
				signal, known as a duress alarm, generated by the entry of a designated code
				into an arming station in order to signal that the alarm user is being forced
				to turn off the system.
11.1.a.3.
				An audible security alarm system signal, known as a panic alarm, generated by
				the manual activation of a device intended to signal a life-threatening or
				emergency situation requiring law enforcement response.
11.1.a.4. A silent alarm signal, known as a
				holdup alarm, generated by the manual activation of a device intended to signal
				a robbery in progress.
11.1.a.5. An
				electrical, electronic, mechanical, or other device capable of being programmed
				to send a prerecorded voice message requesting dispatch, when activated, over a
				telephone line, radio, or other communication system to a law enforcement,
				public safety or emergency services agency.
11.1.a.6. A failure notification system that
				provides an audible, text, or visual notification of any failure in the
				systems. The failure notification system must provide by telephone, e-mail, or
				text message an alert to a designated security person within the facility
				within five minutes after the failure.
11.1.a.7. Smoke and fire alarms.
11.1.a.8. Auxiliary power sufficient to
				maintain security and surveillance systems for at least 48 hours following a
				power outage.
11.1.a.9. The ability
				to ensure all access doors are not solely controlled by an electronic access
				panel to prevent locks from becoming released during a power outage.
11.1.a.10. Motion
				detectors.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-112 - Medical Cannabis Program - Dispensaries › Section 64-112-12 - Inventory data

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. A
				dispensary must maintain the following inventory data in its electronic
				tracking system:
12.1.a. Medical cannabis
				received from a grower/processor.
12.1.b. Medical cannabis dispensed to a
				patient or caregiver.
12.1.c.
				Damaged, defective, expired, or contaminated medical cannabis awaiting return
				to a grower/processor or disposal.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-112 - Medical Cannabis Program - Dispensaries › Section 64-112-13 - Storage requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. A
				dispensary must have separate locked limited access areas for storage of
				medical cannabis that is expired, damaged, deteriorated, mislabeled,
				contaminated, recalled, or whose containers or packaging have been opened or
				breached until the medical cannabis is returned to a grower/processor,
				destroyed or otherwise disposed of as required under 64CSR110.22.
13.2. A dispensary must maintain all storage
				areas in a clean and orderly condition and free from infestation by insects,
				rodents, birds and pests.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-112 - Medical Cannabis Program - Dispensaries › Section 64-112-14 - Sanitation and safety in a facility

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. A dispensary must maintain its facility
				in a sanitary condition to limit the potential for contamination or
				adulteration of the medical cannabis stored in or dispensed at the facility.
				The following apply:
14.1.a. Trash must be
				properly removed.
14.1.b. Floors,
				walls and ceilings must be kept in good repair.
14.1.c. Adequate protection against pests
				must be provided through the use of integrated pest management practices and
				techniques that identify and manage pest problems, and the regular disposal of
				trash to prevent infestation.
141.d. Toxic cleaning compounds, sanitizing
				agents, solvents, and pesticide chemicals must be labeled and stored in a
				manner that prevents contamination of medical cannabis and in a manner that
				otherwise complies with other applicable laws and rules.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-112 - Medical Cannabis Program - Dispensaries › Section 64-112-15 - Transportation of medical cannabis

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. A dispensary may transport and deliver
				medical cannabis to a medical cannabis organization in this state in accordance
				with this section. The following apply:
15.1.a. A dispensary may deliver medical
				cannabis to a medical cannabis organization only between 7:00 a.m. and 9:00
				p.m. for the purposes of transferring medical cannabis among the permittee's
				dispensary locations and returning medical cannabis to a
				grower/processor.
15.1.b. A
				dispensary may contract with a third-party contractor for delivery so long as
				the contractor complies with this section.
15.1.c. A dispensary may not transport
				medical cannabis to any location outside of this state.
15.1.d. A dispensary must use a global
				positioning system to ensure safe, efficient delivery of the medical cannabis
				to a medical cannabis organization.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-112 - Medical Cannabis Program - Dispensaries › Section 64-112-16 - Transport manifest

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. A
				dispensary must generate a printed or electronic transport manifest that
				accompanies every transport vehicle and contains the following information:
16.1.a. The name, address, and permit number
				of the dispensary, and the name of and contact information for a representative
				of the dispensary who has direct knowledge of the transport.
16.1.b. The name, address, and permit number
				of the medical cannabis organization receiving the delivery, and the name of
				and contact information for a representative of the medical cannabis
				organization.
16.1.c. The quantity,
				by weight or unit, of each medical cannabis batch or lot contained in the
				transport, along with the identification number for each batch or
				lot.
16.1.d. The date and
				approximate time of departure.
16.1.e. The date and approximate time of
				arrival.
16.1.f. The transport
				vehicle's make and model and license plate number.
16.1.g. The identification number of each
				member of the delivery team accompanying the transport.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-112 - Medical Cannabis Program - Dispensaries › Section 64-112-17 - Evidence of adverse loss during transport

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. If a dispensary receiving a delivery of
				medical cannabis from a medical cannabis organization discovers a discrepancy
				in the transport manifest upon delivery, the dispensary must refuse acceptance
				of the delivery and immediately report the discrepancy to the bureau either
				through a designated phone line established by the bureau or by electronic
				communication with the bureau in a manner prescribed by the bureau, and to the
				appropriate law enforcement authorities.
17.2. If a dispensary discovers evidence of,
				or reasonably suspects, a theft or diversion of medical cannabis during
				transport, the dispensary must immediately report its findings or suspicions to
				the bureau either through a designated phone line established by the bureau or
				by electronic communication with the bureau in a manner prescribed by the
				bureau, and to law enforcement.
17.3. If a dispensary discovers a discrepancy
				in the transport manifest, the dispensary must:
17.3.a. Conduct an investigation.
17.3.b. Amend the dispensary's standard plan
				of operation, if necessary, to prevent future discrepancies between the
				quantity or description of inventory listed in the transport manifest and the
				quantity or description of inventory delivered.
17.3.c. Submit a report of the investigation
				to the bureau. The following apply:
17.3.c.1.
				A written preliminary report of the investigation must be submitted to the
				bureau within seven days of discovering the discrepancy.
17.3.c.2. A final written report of the
				investigation must be submitted to the bureau within 30 days of discovering the
				discrepancy.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-112 - Medical Cannabis Program - Dispensaries › Section 64-112-18 - Complaints about or recall of medical cannabis

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. A dispensary must notify the bureau and
				the grower/processor immediately upon becoming aware of any complaint made to
				the dispensary by a patient, caregiver or practitioner who reports an adverse
				event from using medical cannabis dispensed by the dispensary.
18.2. Upon notification by the
				grower/processor under 64CSR110.23, the dispensary must cease dispensing the
				affected medical cannabis.
18.3. A
				dispensary must coordinate the return of the recalled medical cannabis with the
				grower/processor.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-112 - Medical Cannabis Program - Dispensaries › Section 64-112-19 - Electronic tracking system

Current through Register Vol. XLI, No. 28, July 12, 2024
A dispensary must use the electronic tracking system
				  prescribed by the bureau containing the requirements in W. Va. Code §
									16A-7-1. The bureau will publish
				  notice of the electronic tracking system to be utilized by a dispensary in the
				  State Register 60 days prior to the implementation date of the
				  system.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-112 - Medical Cannabis Program - Dispensaries › Section 64-112-20 - Application for additional dispensary locations

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. An applicant for a dispensary permit
				must include at least one specified dispensary facility location in its initial
				permit application and may file an application under this section for
				additional dispensary facility locations at a later date.
20.2. A dispensary must submit an application
				for additional dispensary locations on a form prescribed by the
				bureau.
20.3. A dispensary
				submitting an application for additional dispensary locations must include with
				the application the following fees:
20.3.a. An
				application fee of $2,500, which is nonrefundable.
20.3.b. A permit fee of $10,000 for each
				dispensary location being proposed. The permit fee must be submitted with the
				application for additional dispensary locations and will be refunded if the
				application is not granted.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-113 - Medical Cannabis Program - Safe Harbor Letter › Section 64-113-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. The
				provisions of these rules include provisions for obtaining a safe harbor letter
				from the bureau that authorizes a terminally ill cancer patient to use medical
				cannabis purchased in another state that has entered into a reciprocity
				agreement with the bureau.
1.2.
				Authority. W. Va. Code §
									16A-3-1(b)
				and §
									16A-3-5.
1.3. Filing Date. April 21, 2020.
1.4. Effective Date. April 21,
				2020.
1.5. Sunset Provision. These
				rules will terminate and have no further force or effect on April 21,
				2025.
1.6. Applicability. These
				rules apply to a person who is a terminally ill cancer patient who desires to
				use medical cannabis purchased in another state that has entered into a
				reciprocity agreement with the bureau.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-113 - Medical Cannabis Program - Safe Harbor Letter › Section 64-113-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Act" means
				the West Virginia Medical Cannabis Act (W. Va. Code §
									16A-1-1
et
				seq.
).
2.2. "Applicant"
				means an applicant who wishes to submit or submits an application to the bureau
				for a Safe Harbor letter.
2.3.
				"Bureau" means the West Virginia Bureau for Public Health within the
				Department.
2.4. "Caregiver" means
				the individual designated by a patient or, if the patient is under 18 years of
				age, an individual authorized under W. Va. Code §
									16A-5-1
et seq
., to deliver medical cannabis.
2.5. "Certified medical use" means the
				acquisition, possession, use, or transportation of medical cannabis by an
				applicant, or the acquisition, possession, delivery, transportation, or
				administration of medical cannabis by a caregiver, for use as part of the
				treatment of the applicant's serious medical condition, as authorized in an
				applicant certification issued under the Act, including enabling the applicant
				to tolerate treatment for the serious medical condition.
2.6. "Department" means the Department of
				Health and Human Resources.
2.7.
				"Medical cannabis" means cannabis that is grown and sold pursuant to the
				provisions for certified medical use as set forth in the Act and in a form set
				forth in the provisions of § 64-110-10.
2.8. "Medical cannabis program" means the
				program authorized under the Act and implemented by the bureau.
2.9. "Patient" means an individual who:
2.9.a. Is a terminally ill cancer
				patient.
2.9.b. Has met the
				requirements for certification under the Act.
2.9.c. Is a resident of 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 64-113 - Medical Cannabis Program - Safe Harbor Letter › Section 64-113-3 - Medical cannabis from outside this State

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Application for Safe Harbor Letter. An
				applicant may apply to the bureau for a Safe Harbor Letter authorizing the
				applicant to use medical cannabis in this state that was obtained from a state
				with which bureau has entered into a reciprocity agreement.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-113 - Medical Cannabis Program - Safe Harbor Letter › Section 64-113-4 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. An applicant
				must submit an application for a Safe Harbor Letter under these rules on a form
				provided by the bureau, and must include the following information and any
				other information deemed necessary by the bureau:
4.1.a. The name, address and date of birth of
				the applicant.
4.1.b. The name,
				address, and date of birth of a caregiver, if applicable;
4.1.c. The applicant's proof of residency by
				submitting one of the following:
4.1.c.1. A
				West Virginia driver's license.
4.1.c.2. Department of Motor Vehicles-issued
				identification card.
4.1.c.3.
				Another form of identification that contains a photo and is approved by the
				bureau in the application.
4.1.d. The caregiver's criminal history
				record information obtained from the West Virginia State Police or its
				authorized agent, if applicable.
4.1.e. A written statement from a licensed
				physician in this state confirming that the applicant is a terminally ill
				cancer patient, the physician's name, address of practice, telephone number,
				and state license number.
4.1.f. An
				applicant must verify that the applicant will obtain the medical cannabis
				lawfully in another state.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-113 - Medical Cannabis Program - Safe Harbor Letter › Section 64-113-5 - Validity of Safe Harbor Letter

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				The Safe Harbor Letter will be valid from the date of issuance by the bureau
				until August 1, 2022, or unless any of the following occurs:
5.1.a. The applicant dies.
5.1.b. The applicant changes
				physicians.
5.1.c. The applicant's
				physician knows or has reason to know that the applicant no longer suffers from
				terminal cancer and that use of medical cannabis would not be medically
				indicated.
5.1.d. The applicant's
				residency in another state.
5.1.e.
				The applicant receives notice under subsection 5.6.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-113 - Medical Cannabis Program - Safe Harbor Letter › Section 64-113-6 - Penalties and sanctions

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. In
				addition to the penalties in W. Va. Code §
									16A-12-1
et seq.
, the bureau may deny, revoke, or suspend a Safe Harbor
				Letter if the Bureau has evidence of the following:
6.1.a. Falsified information on the
				application.
6.1.b. An intentional,
				knowing, or reckless violation of a provision of the Act or rules promulgated
				to implement the Act.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-113 - Medical Cannabis Program - Safe Harbor Letter › Section 64-113-7 - Confidentiality

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Information
				obtained by the bureau regarding an applicant under these rules is confidential
				and not subject to public disclosure, including disclosure under the West
				Virginia Freedom of Information Act (W. Va. Code §
									29A-1-1
et seq.
), including the following:
7.1.a. Individual identifying information of
				applicant.
7.1.b. Information
				regarding the applicant's medical condition, including the physician's written
				statements.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-115 - Diabetes Self-Management Education › Section 64-115-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope - This
				rule establishes the training requirements and procedures necessary for
				diabetes self-management education to be provided by properly trained health
				care practitioners in West Virginia.
1.2. Authority - W. Va. Code §
				33-59-l(k) and §
									16-1-4.
1.3. Filing Date - April 30, 2021.
1.4. Effective Date - July 1, 2021.
1.5. Sunset Provision - This rule shall
				terminate and have no further force or effect upon August 1, 2026.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-115 - Diabetes Self-Management Education › Section 64-115-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Commissioner -
				The commissioner of the Bureau for Public Health of the West Virginia
				Department of Health and Human Resources.
2.2. Diabetes self-management education - A
				diabetes self-management program currently recognized by the commissioner to
				educate patients diagnosed with diabetes in order to self-manage their
				condition.
2.3. Health care
				practitioner - "Health care practitioner" or "practitioner" means a physician,
				pharmacist, nurse, registered dietitian, certified diabetes care and education
				specialist, or other health care practitioner who is licensed to perform
				specified medical or ancillary services within the scope of his or her
				license.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-115 - Diabetes Self-Management Education › Section 64-115-3 - Diabetes Self-Management Education

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Persons diagnosed with diabetes shall be
				provided the opportunity to receive diabetes self management education in
				accordance with W. Va. Code §
									33-53-1.
3.2. Diabetes self-management education will
				be offered to persons diagnosed with diabetes as follows:
3.2.a. At diagnosis;
3.2.b. Annually and/or when not meeting
				treatment targets;
3.2.c. When
				complicating factors develop; and
3.2.d. When transitions in life and care
				occur.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-115 - Diabetes Self-Management Education › Section 64-115-4 - Amendment

Current through Register Vol. XLI, No. 28, July 12, 2024
Amendments to this rule may be made after consultation with
				  the Coalition for Diabetes Management.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-116 - Distribution of Funds from Emergency Medical Services Salary Enhancement Fund › Section 64-116-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes a formula for the Director to use in distributing
				funds from the Emergency Medical Services Salary Enhancement Fund.
1.2. Authority. -- W. Va. Code §
									16-4C-25.
1.3. Filing Date. -- March 28,
				2024.
1.4. Effective Date. -- March
				28, 2024.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August 1,
				2029.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-116 - Distribution of Funds from Emergency Medical Services Salary Enhancement Fund › Section 64-116-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. -- This rule applies to the distribution, by the Director, of
				funds from the Emergency Medical Services Salary Enhancement Fund.
2.2. Enforcement. -- This rule is enforced by
				the Director of the Office of Emergency Medical Services.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-116 - Distribution of Funds from Emergency Medical Services Salary Enhancement Fund › Section 64-116-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Active
				Emergency Medical Services Personnel -- An Advanced Emergency Medical
				Technician, Emergency Medical Technician, Emergency Medical Vehicle Operator,
				or Paramedic who is a paid employee of an ambulance transporting agency and
				participates in 10 or more 911 call responses in a 12-month period.
3.2. Ambulance Transporting Agency -- A
				person or entity licensed to provide emergency medical services dispatched
				through a 911 call center for the purpose of responding to a 911
				call.
3.3. County Questionnaire --
				Questionnaire supplied to each county annually by the Director to assist in the
				allocation of funds in accordance with this rule.
3.4. Crisis Response -- Funds designated for
				and distributed to counties for the sole purpose of providing care to emergency
				medical services personnel during a mental health crisis by a trained
				designee.
3.5. Crisis Response Team
				-- Designated group of personnel trained to provide care to emergency medical
				services personnel during a mental health crisis.
3.6. Director -- The Director of the Office
				of Emergency Medical Services, as created by W. Va. Code §
									16-4C-4, or his or her
				designee.
3.7. Emergency Medical
				Services Region -- A defined region of coordinated resources to provide
				emergency medical services within a geographic area available at
https://www.wvoems.org/files/maps/medical-command-map
.
3.8. Fiscal Year -- 12-month period beginning
				July 1 and ending June 30.
3.9.
				Post-Fund Distribution Assessment -- Form supplied to each county annually by
				the Director to assist in the assessment and accounting of funds distributed in
				accordance with this rule.
3.10.
				Primary Agency -- An ambulance transporting agency at which active emergency
				medical services personnel are employed for 51 percent or more of their working
				hours.
3.11. Salary Supplementation
				-- Funds designated for and distributed to counties for the sole purpose of
				supplementing the salaries of active emergency medical services personnel in
				accordance with State law and this rule.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-116 - Distribution of Funds from Emergency Medical Services Salary Enhancement Fund › Section 64-116-4 - Formula; Allocation of Funds; Distribution

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Director shall distribute funds for
				salary supplementation and crisis response to counties as directed by the State
				Legislature, this rule, and State law.
4.2. The amount of funds for salary
				supplementation and crisis response available for distribution to counties by
				the formula established by subsection 4.4. of this rule is the balance of
				available funds in the Emergency Medical Services Salary Enhancement Fund as
				established in W. Va. Code §
									16-4C-25.
4.3. Each county shall complete and submit a
				County Questionnaire attached to this rule as APPENDIX A. The County
				Questionnaire shall be supplied by the Director on or before August 1 of each
				year and shall be submitted to the Office of Emergency Medical Services on or
				before September 1 of each year. The questionnaire shall be used in determining
				the allocations of funds according to the formula established by subsection
				4.4. of this rule. Counties that do not submit a completed County Questionnaire
				will be given scores of 0.
4.4. The
				Director shall calculate the amount of funds for salary supplementation and
				crisis response to be distributed to counties according to the following
				formula:
4.4.1. Step 1 Crisis Response: 10
				percent of the funds available for distribution shall be divided equally among
				each emergency medical services region, as defined by the Office of Emergency
				Medical Services, and shall be allocated solely to the enhancement of crisis
				response services within each region. Within each region, the funds allocated
				shall be divided among counties according to the number of members each county
				supports on a crisis response team, as outlined below. These crisis response
				funds shall be expended for no purpose other than ensuring crisis response
				teams receive uniform training and coordination through a statewide program to
				ensure continuity of crisis response services.
4.4.1.a. Crisis response teams:
4.4.1.a.1. Each emergency medical services
				region shall establish a crisis response team consisting of no less than 10
				active members.
4.4.1.a.2. The
				county commissions comprising each emergency medical services region shall
				cooperate to recruit crisis response team members. Each county having one or
				more members serving on a crisis response team shall receive funding according
				to the formula set forth in subsection 4.4.1.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-116 - Distribution of Funds from Emergency Medical Services Salary Enhancement Fund › Section 64-116-5 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any
				person adversely affected by the enforcement of this rule desiring a contested
				case hearing to determine any rights, duties, interests, or privileges shall do
				so in a manner prescribed in the Bureau for Public Health's procedural rule,
				Rules of Procedure for Contested Case Hearings and Declaratory Rulings,
				64CSR1.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-116 - Distribution of Funds from Emergency Medical Services Salary Enhancement Fund › Appendix A - County Questionnaire

Current through Register Vol. XLI, No. 28, July 12, 2024
Responding County Name__________________________ Date
				  Completed_______________
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West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-116 - Distribution of Funds from Emergency Medical Services Salary Enhancement Fund › Appendix B - Post-Fund Distribution Assessment

Current through Register Vol. XLI, No. 28, July 12, 2024
Responding County Name__________________________ Date
				  Completed_______________
**PLEASE PROVIDE THE FOLLOWING INFORMATION FOR EACH
				  AGENCY IN YOUR COUNTY**
Agency Name__________________________________
Total funding allocated by the county commission to agency
				  pursuant to 64CSR116_________________
Please attach as an addendum the following: Name,
				  Provider Number, and amount of salary supplementation distributed to each
				  emergency medical services provider at each agency in your
				  county.
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West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-123 - West Virginia Clearance for Access: Registry and Employment Screening › Section 64-123-1 - General Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope.
				-- It is the purpose of this rule to protect West Virginia's vulnerable
				population by requiring registry prescreening and state and federal criminal
				background checks for all direct access personnel of the bureaus, covered
				providers, and covered contractors. The short title of this rule shall be known
				as WV CARES.
1.2. Authority. -- W.
				Va. Code §
									16-49-9.
1.3. Filing Date. -- May 3, 2024.
1.4. Effective Date. -- May 3,
				2024.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August 1,
				2029.
1.6. Application. -- This
				rule applies to the bureaus, covered providers, and covered contractors as
				defined in this rule and W. Va. Code §
									16-49-1,
et
				seq.
1.7. Enforcement. --
				This rule is enforced by the Director of West Virginia Clearance for Access:
				Registry and Employment Screening within the Office of the Inspector General,
				or his or her lawful designee.
1.8.
				Repeal and Replace. -- This legislative rule repeals and replaces WV 69CSR10
				filed and effective April 30, 2021, pursuant to HB2006 passed during the 2023
				Regular Legislative Session and effective May 23, 2023.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-123 - West Virginia Clearance for Access: Registry and Employment Screening › Section 64-123-3 - Prescreening

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A covered
				provider or covered contractor shall prescreen all direct access personnel
				applicants considered for hire for negative findings by way of an internet
				search of registries and licensure databases through the WV CARES website. The
				bureau shall prescreen all direct access applicants considered for hire for
				negative findings by way of an internet search of registries and licensure
				databases through the WV CARES website. The Director will charge a $25 fee for
				its use.
3.2. A covered provider
				shall ensure that all covered contractors who provide direct access personnel
				prescreen their applicants considered for hire for negative findings by way of
				an internet search of registries and licensure databases through the WV CARES
				website.
3.3. The bureau shall
				ensure that all covered contractors who provide direct access personnel
				prescreen their applicants considered for hire for negative findings by way of
				an internet search of registries and licensure databases through the WV CARES
				website.
3.4. If the applicant has
				a negative finding on any required registry or licensure database, the
				employing or engaging bureau, covered provider, or covered contractor shall
				notify the applicant, in writing, by regular U.S. mail, of such finding and
				shall not employ that applicant.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-123 - West Virginia Clearance for Access: Registry and Employment Screening › Section 64-123-4 - Fingerprinting

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. If the
				applicant does not have a negative finding in the prescreening process, and the
				bureau, covered provider, or covered contractor, if applicable, is considering
				the applicant for employment, the applicant shall submit to fingerprinting for
				a state and federal criminal history record information check, and may be
				employed as a provisional employee subject to the provisions of this
				rule.
4.2. Applicants considered
				for hire or engagement shall be notified by the hiring or engaging entity that
				their fingerprints will be retained by the State Police Criminal Identification
				Bureau and the Federal Bureau of Investigation to allow for updates of criminal
				record information according to applicable standards, rules, regulations, or
				laws. The Director will notify hiring or engaging entities in writing by
				electronic mail of subsequent, disqualifying criminal offenses discovered
				through rap back, deeming that employee ineligible. If a variance is requested
				relating to a rap back notification of ineligibility, the affected employee's
				status of employment may continue until the variance is resolved at the
				discretion of the bureau, covered provider, or covered contractor. The
				requirements related to provisional employees in W. Va. Code §
									16-49-1,
et seq.
and section 6 of this rule shall apply.
4.3. An applicant who has gone through the
				criminal background check process described by the provisions of this rule, but
				has not been employed by the bureau, covered provider, or covered contractor
				for five years, must submit new fingerprints and obtain a new fitness
				determination from the Director.
4.4. After an applicant's fingerprints have
				been compared with the state and federal criminal history information, the
				State Police shall notify the Director of the results for the purposes of
				making a fitness determination.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-123 - West Virginia Clearance for Access: Registry and Employment Screening › Section 64-123-5 - Fitness Determination

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. If
				the Director's review of the criminal history record information provided by
				the State Police reveals the applicant does not have a disqualifying offense,
				the applicant may be employed or engaged.
5.2. If the Director's review of the criminal
				history record information reveals a conviction of a disqualifying offense, the
				applicant may not be employed or engaged, unless a variance has been requested
				or granted.
5.3. If the Director's
				review of an applicant's criminal history record information reveals a pending
				charge that has not received a final disposition, the following shall apply:
5.3.1. If the pending charge is a
				disqualifying misdemeanor offense, the applicant has not had a conviction of a
				disqualifying offense in the last seven years, and the applicant has been
				granted a variance for his or her position with the bureau, covered provider,
				or covered contractor for any disqualifying offense prior to the last seven
				years, the Director will provide written notice to the bureau, covered
				provider, or covered contractor advising that the applicant is eligible for
				work or engagement. If there has been another disqualifying offense within the
				last seven years, the Director will notify the bureau, covered provider, or
				covered contractor of the applicant's ineligibility status. A variance may be
				requested for the pending, disqualifying misdemeanor offense.
5.3.2. If the pending charge is a
				disqualifying felony offense, the Director will provide written notice to the
				bureau, covered provider, or covered contractor advising that the applicant is
				ineligible for work, or engagement. A variance may be requested regarding the
				pending disqualifying felony offense.
5.3.3. Once a final disposition has been made
				on the pending charge, the Director will review the criminal history record
				information
de novo
in accordance with the provisions of this
				rule and W. Va. Code §
										16-49-1,
et
				seq.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-123 - West Virginia Clearance for Access: Registry and Employment Screening › Section 64-123-6 - Provisional Employees

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Provisional basis employment for no more than 60 days may occur when:
6.1.1. An applicant does not have a negative
				finding on a required registry or licensure database, and the fitness
				determination is pending the criminal history record information; or
6.1.2. An applicant has requested a variance
				of the fitness determination and that decision is pending.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-123 - West Virginia Clearance for Access: Registry and Employment Screening › Section 64-123-7 - Variance

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The applicant,
				or the bureau, covered provider, or covered contractor, if applicable, on the
				applicant's behalf, may file a written request for a variance of the fitness
				determination with the Director.
7.2. The Director may grant a variance if
				mitigating circumstances surrounding the negative finding or disqualifying
				offense is provided, and the Director finds that the individual will not pose a
				danger or threat to residents or their property, or both.
7.3. Mitigating circumstances may include:
7.3.1. The passage of time. The length of
				time an applicant is barred from employment or engagement in direct access care
				starts from the date of conviction or the date of release from the penalty
				imposed, whichever is later.
7.3.2.
				Extenuating circumstances such as the applicant's age at the time of
				conviction, substance abuse, or mental health issues.
7.3.3. A demonstration of rehabilitation such
				as character references, employment history, education, and training.
7.3.4. The relevancy of the disqualifying
				offense or offenses with respect to the type of employment or engagement
				sought.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-123 - West Virginia Clearance for Access: Registry and Employment Screening › Section 64-123-8 - Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. If the
				applicant believes that his or her criminal history record information within
				the state of West Virginia is incorrect or incomplete, he or she may challenge
				the accuracy of such information by writing to the State Police for a personal
				review.
8.2. If the applicant
				believes that his or her criminal history record information from outside the
				state of West Virginia is incorrect or incomplete, he or she may appeal the
				accuracy of such information by contacting the Federal Bureau of Investigation
				for instructions.
8.3. If the
				purported discrepancies are at the charge or final disposition level, the
				applicant must address this with the court or arresting agency that submitted
				the record to the State Police.
8.4. The applicant shall not be employed or
				engaged during the appeal process unless a variance has been requested and
				granted.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-123 - West Virginia Clearance for Access: Registry and Employment Screening › Section 64-123-9 - Responsibility of the Bureau, Covered Provider, or Covered Contractor

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Record
				Retention. A bureau, covered provider, or covered contractor shall maintain the
				following documents related to the criminal background checks for all direct
				access personnel for the duration of their employment or engagement, including:
9.1.1. Documents establishing that an
				applicant has no negative findings on registries and licensure
				databases.
9.1.2. The Director's
				eligible fitness determination;
9.1.3. Any variance granted by the Director,
				if applicable; and
9.1.4. For
				provisional employees, the bureau, covered provider, or covered contractor
				shall maintain documentation that establishes that the individual meets the
				qualifications for provisional employment or engagement.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-123 - West Virginia Clearance for Access: Registry and Employment Screening › Section 64-123-10 - Change in Employment or Engagement Status

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. If an individual applies for employment
				or engagement with the bureau or a subsequent covered provider or covered
				contractor, the applicant is not required to submit to fingerprinting and a
				criminal background check if:
10.1.1. The
				individual previously submitted to fingerprinting and a full criminal
				background check as required by this rule;
10.1.2. The prior criminal background check
				confirmed that the individual did not have a disqualifying offense;
10.1.3. The individual received prior
				approval from the Director to work for or with the bureau, covered provider, or
				independent health contractor, if applicable; and
10.1.4. No new criminal activity that
				constitutes a disqualifying offense has been reported.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-123 - West Virginia Clearance for Access: Registry and Employment Screening › Section 64-123-11 - Confidentiality and Immunity

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				The Director will treat and maintain any criminal background search information
				obtained under this article as confidential. The Director will limit the use of
				records solely to the purposes authorized by W. Va. Code §
									16-49-1,
et seq.
The criminal history record and related information in the custody of the
				Director is not subject to subpoena, other than one issued in a criminal action
				or investigation; is confidential by law and privileged; and is not subject to
				discovery or admissible in evidence in any private civil action.
11.2. The Director, the Office of the
				Inspector General, and its employees are immune from liability, civil or
				criminal, that might otherwise be incurred or imposed for good faith conduct in
				determining eligibility or granting variances permitted by this rule.
West Virginia Code of State Rules › Agency 65 - Health Care Authority › Title 65 - LEGISLATIVE RULE HEALTH CARE AUTHORITY › Series 65-01 - Procedural Rules For Meetings Of The Health Care Cost Review Council › Section 65-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				West Virginia Open Governmental Proceedings Law, section one, article nine-a,
				chapter six et seq. of the W. Va. Code of 1931, as amended (hereinafter
				referred to as "The Code"), requires in section three that governing bodies of
				state boards shall promulgate rules by which the time and the place of all
				regularly scheduled meetings 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 '6-9A-3,
				'29A-2-9 and '29B-1-3.
1.3. Filing
				Date. -- August 17, 1983.
1.4.
				Effective Date. -- September 16, 1983.