West Virginia CHAPTER 16. — PUBLIC HEALTH
- CHAPTER 16. — PUBLIC HEALTH.
- ARTICLE 1. — STATE PUBLIC HEALTH SYSTEM.
- §16-1-1. — Purpose.
- §16-1-2. — Definitions.
- §16-1-3. — Powers and duties of the secretary.
- §16-1-4. — Proposal of rules by the secretary.
- §16-1-5. — State health officer; appointment; qualifications; term.
- §16-1-6. — Powers and duties of the commissioner.
- §16-1-7. — Duties and powers of the commissioner; service on advisory councils, boards and commissions; authority to designate a representative to serve in his or her place on certain boards and commissions.
- §16-1-8. — Duties and powers of the commissioner; authorization to cooperate with any state health planning and development agencies and any federal government agencies in hospital and other health facility programs.
- §16-1-9. — Duties and powers of the commissioner; supervision over local sanitation; violations; jurisdiction; penalties.
- §16-1-9a. — Public water system and community water system defined; regulation of maximum contaminant levels in water systems; authorization of inspections; violations; criminal, civil and administrative penalties; safe drinking water penalty fund.
- §16-1-9b. — Permit approval for individual systems with surface water discharge; reserve areas.
- §16-1-10. — Disposition of permit, license or registration fees received by the commissioner; report to auditor; health facility licensing account.
- §16-1-11. — Disposition of fees for services charged and received by the commissioner; health services fund.
- §16-1-12. — Receipt and disbursement of federal aid and other moneys for health purposes.
- §16-1-13. — Hospital services revenue account; health facilities long-range plans.
- §16-1-13a. — Continuation of the office of health facility licensure and certification.
- §16-1-14. — Training of employees.
- §16-1-15. — Investigations and hearings; power to administer oaths, subpoena witnesses, etc.; use of information and material acquired.
- §16-1-16. — Public health advisory council; duties; composition; appointment; meetings; compensation; expenses and continuation.
- §16-1-17. — Penalties for interfering with examiners, inspectors or other authorized representatives of the commissioner in the performance of duty.
- §16-1-18. — Penalties for violating provisions of article.
- ARTICLE 1A. — UNIFORM CREDENTIALING FOR HEALTH CARE PRACTITIONERS.
- §16-1A-1. — Legislative findings; purpose.
- §16-1A-2. — Development of uniform credentialing application forms.
- §16-1A-3. — Advisory committee.
- §16-1A-4. — Report required.
- ARTICLE 1B. — SKILLED NURSING FACILITIES FOR VETERANS OF THE UNITED STATES ARMED FORCES.
- §16-1B-1. — Legislative findings.
- §16-1B-2. — Construction, staffing and operation of one or more skilled nursing facilities for veterans of the armed forces of the United States.
- §16-1B-3. — Issuance of bonds by the hospital finance authority; payment of bonds from net profits of the veterans lottery instant scratch-off game.
- §16-1B-4. — Eligibility for service; legislative rule.
- ARTICLE 2. — LOCAL BOARDS OF HEALTH.
- §16-2-1. — Purpose.
- §16-2-2. — Definitions.
- §16-2-3. — Authority to create, establish and maintain county boards of health; service area.
- §16-2-4. — Authority to create, establish and maintain municipal boards of health; service area.
- §16-2-5. — Authority to create, establish and maintain combined local boards of health; service area.
- §16-2-6. — Appointment to and composition of municipal boards of health; qualifications; number of appointees.
- §16-2-7. — Appointment to and composition of county boards of health; qualifications; number of appointees.
- §16-2-8. — Appointment to and composition of combined local boards of health; qualifications; number of appointees.
- §16-2-9. — Local board of health; terms of appointment; reappointment; oath of office; vacancies; removal; compensation; expenses.
- §16-2-10. — Local board of health; meetings; attendance; bylaws; quorum; chairperson selection, powers and duties.
- §16-2-11. — Local board of health; powers and duties.
- §16-2-12. — Local health officer; term of appointment; qualifications; reappointment; compensation; and removal.
- §16-2-13. — Local health officer; powers and duties.
- §16-2-14. — Financial responsibilities of appointing authorities for local boards of health; levies; appropriation of county or municipal general funds for public health purposes; state funding.
- §16-2-15. — Obstructing local health officers and others in the enforcement of public health laws; other violations; penalties.
- ARTICLE 2A. — ALTERNATIVE METHOD OF ORGANIZING LOCAL HEALTH AGENCIES.
- §§16-2A-1 to 16-2A-11. — Repealed.
- ARTICLE 2B. — FAMILY PLANNING AND CHILD SPACING.
- §16-2B-1. — Family planning and child spacing; authorized functions; funds.
- §16-2B-2. — Local boards of health authorized to establish clinics; supervision; purposes; abortion not approved; approval by state board of programs.
- §16-2B-3. — State and local health and welfare agency employees to advise indigent and medically indigent of availability of services; compulsory acceptance of services prohibited; acceptance not condition to receiving other services and benefits.
- §16-2B-4. — Exemption of employees from offering services when such duty is contrary to religious beliefs.
- ARTICLE 2C. — HOME HEALTH SERVICES.
- §16-2C-1. — Definitions.
- §16-2C-2. — Department to provide services; charges for services; authority to employ personnel; purchase of supplies and equipment; assistance to nonprofit agencies.
- §16-2C-3. — Local boards' authority respecting home health services.
- §16-2C-4. — Funds received for home health services.
- §16-2C-5. — Collection of fees for home health services.
- ARTICLE 2D. — CERTIFICATE OF NEED.
- §16-2D-1. — Legislative findings.
- §16-2D-2. — Definitions.
- §16-2D-3. — Certificate of need; new institutional health services defined.
- §16-2D-4. — Exemptions from certificate of need program.
- §16-2D-4a. — Conversion of hospital acute beds to skilled nursing beds.
- §16-2D-4b. — Certificate of need; exemption for veterans skilled nursing facility construction, operation and maintenance.
- §16-2D-5. — Powers and duties of state agency.
- §16-2D-5a. — Exception permitting certain nursing beds.
- §16-2D-6. — Minimum criteria for certificate of need reviews.
- §16-2D-7. — Procedures for certificate of need reviews.
- §16-2D-7a. — Coordination and filing with consumer advocate.
- §16-2D-8. — Agency to promulgate additional rules.
- §16-2D-9. — Agency to render final decision; issue certificate of need; write findings; specify capital expenditure maximum.
- §16-2D-10. — Appeal of certificate of need decisions.
- §16-2D-11. — Nontransference, time period compliance and withdrawal of certificate of need.
- §16-2D-12. — Denial or revocation of license for operating without certificate.
- §16-2D-13. — Injunctive relief; civil penalty.
- §16-2D-14. — Statute of limitations.
- §16-2D-15. — Previously approved rules.
- ARTICLE 2E. — BIRTHING CENTERS.
- §16-2E-1. — Definitions.
- §16-2E-2. — Birthing centers to obtain license, application, fees, suspension, or revocation.
- §16-2E-3. — State director of health to establish rules and regulations; legislative findings; emergency filing.
- §16-2E-4. — Insurance.
- §16-2E-5. — Violations; penalties; injunction.
- ARTICLE 2F. — PARENTAL NOTIFICATION OF ABORTIONS PERFORMED ON UNEMANCIPATED MINORS.
- §16-2F-1. — Legislative findings and intent.
- §16-2F-2. — Definitions.
- §16-2F-3. — Parental notification required for abortions performed on unemancipated minors; waiver; notice to minor of right of petition to circuit court; minor to be referred for counseling.
- §16-2F-4. — Waiver of notification; petition to circuit court; contents of petition; duties of attorney general and circuit clerk; confidentiality of proceedings; appointment of counsel and limitation of compensation; findings required to be made by court; petition to supreme court; waiver of certain fees.
- §16-2F-5. — Emergency exception from notification requirements.
- §16-2F-6. — Reporting requirements for physicians.
- §16-2F-7. — Article not to be construed to require abortion.
- §16-2F-8. — Penalties.
- §16-2F-9. — Severability.
- ARTICLE 2G. — SPECIAL SUPPLEMENTARY FOOD PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC).
- §16-2G-1. — Voucher or coupon redemption and payment.
- ARTICLE 2H. — PRIMARY CARE SUPPORT PROGRAM.
- §16-2H-1. — Short title.
- §16-2H-2. — Primary care support program; primary care revolving loan fund; primary care uncompensated care fund; seed money and technical assistance.
- §16-2H-3. — Preventive services and health education.
- §16-2H-4. — Advisory board.
- ARTICLE 2I. — WOMEN'S RIGHT TO KNOW ACT.
- §16-2I-1. — Definitions.
- §16-2I-2. — Informed consent.
- §16-2I-3. — Printed information.
- §16-2I-4. — Internet website.
- §16-2I-5. — Procedure in case of medical emergency.
- §16-2I-6. — Protection of privacy in court proceedings.
- §16-2I-7. — Reporting requirements.
- §16-2I-8. — Administrative remedies.
- §16-2I-9. — Civil remedies.
- §16-2I-10. — Severability.
- ARTICLE 2J. — PREVENTIVE CARE PILOT PROGRAM.
- §16-2J-1. — Legislative findings and statement of purpose.
- §16-2J-2. — Definitions.
- §16-2J-3. — Authorization of preventive care pilot program; number of participants and sites; Health Care Authority considerations in selection of participating providers; funding.
- §16-2J-4. — License for preventive care pilot program.
- §16-2J-5. — Insurance Commissioner approval of fees, marketing materials and forms and certification of financial condition; statement of services.
- §16-2J-6. — Rule-making authority.
- §16-2J-7. — Participating provider plan requirements; primary care services; prior coverage restrictions; notice of discontinuance or reduction of benefits.
- §16-2J-8. — Guidelines for evaluation of the pilot program; report to Legislative Oversight Commission on Health and Human Resources Accountability.
- §16-2J-9. — Grounds for refusal to renew; revocation and suspension of pilot program license; penalties; termination of suspension, reissuance and renewal of license.
- ARTICLE 3. — PREVENTION AND CONTROL OF COMMUNICABLE AND OTHER INFECTIOUS DISEASES.
- §16-3-1. — State director of health authority to quarantine and to enforce regulations; state board of health authority to issue regulations to control infectious or contagious diseases.
- §16-3-2. — Powers of county and municipal boards of health to establish quarantine; penalty for violation.
- §16-3-3. — Communicable diseases on vessels or trains; offenses; penalty.
- §16-3-4. — Compulsory immunization of school children; information disseminated; offenses; penalties.
- §16-3-4a. — Repealed.
- §16-3-5. — Distribution of free vaccine preventives of disease.
- §16-3-6. — Nuisances affecting public health.
- §16-3-7. — Inflammation of the eyes of the newborn.
- §16-3-8. — Inflammation of the eyes of the newborn -- Duty of those assisting at childbirth to report cases; treatment.
- §16-3-9. — Inflammation of the eyes of the newborn -- Duties of local health officer.
- §16-3-10. — Inflammation of eyes of newborn -- Use of an appropriate medication as prophylactic.
- §16-3-11. — Same -- Duty of clerk of county commission.
- §16-3-12. — Same -- Duties of the state director of health; duties of board of health.
- §16-3-13. — Same -- Offenses; penalties.
- ARTICLE 3A. — REPOSITORY OF INFORMATION ON MEDICAL TREATMENT FOR CERTAIN HAZARDOUS MATERIALS; REQUEST FOR INFORMATION; PENALTIES; ENFORCEMENT.
- §16-3A-1. — Purpose and legislative findings.
- §16-3A-2. — Hazardous materials; duties of the director of the department of health; requests for information; penalties; enforcement.
- ARTICLE 3B. — PERTUSSIS.
- §16-3B-1. — Definitions.
- §16-3B-2. — Information supplied to individuals' parents prior to administration of pertussis vaccine.
- §16-3B-3. — Recordation of pertussis vaccine administration.
- §16-3B-4. — Data collection on pertussis vaccine administration.
- §16-3B-5. — Public hearings.
- ARTICLE 3C. — AIDS-RELATED MEDICAL TESTING AND RECORDS CONFIDENTIALITY ACT.
- §16-3C-1. — Definitions.
- §16-3C-2. — Testing.
- §16-3C-3. — Confidentiality of records; permitted disclosure; no duty to notify.
- §16-3C-4. — Substituted consent.
- §16-3C-5. — Remedies and penalties.
- §16-3C-6. — Prohibiting certain acts; HIV tests results.
- §16-3C-7. — Department of corrections to conduct AIDS related study.
- §16-3C-8. — Administrative implementation.
- §16-3C-9. — Individual banking of blood by health care providers for elective surgery or medical procedures.
- ARTICLE 3D. — TUBERCULOSIS TESTING, CONTROL, TREATMENT AND COMMITMENT.
- §16-3D-1. — Purpose and legislative findings.
- §16-3D-2. — Definitions.
- §16-3D-3. — Compulsory testing for tuberculosis of school children and school personnel; Commissioner to approve the test; X-rays required for reactors; suspension from school or employment for pupils and personnel found to have tuberculosis.
- §16-3D-4. — Report of cases, admissions, registration of patients.
- §16-3D-5. — Forms for reporting and committing patients; other records.
- §16-3D-6. — Cost of maintenance and treatment of patients.
- §16-3D-7. — Procedure when patient is a health menace to others; court ordered treatment; requirements for discharge; appeals.
- §16-3D-8. — Return of escapees from state tuberculosis institutions.
- §16-3D-9. — Procedures for immediate involuntary commitment; rules.
- ARTICLE 4. — SEXUALLY TRANSMITTED DISEASES.
- §16-4-1. — Diseases designated as sexually transmitted.
- §16-4-2. — Investigations by local health officers.
- §16-4-3. — Medical clinics and detention houses.
- §16-4-4. — Evidence of infection.
- §16-4-5. — Examination of convicts; liability for expenses.
- §16-4-6. — Reports by physicians.
- §16-4-7. — False report or information.
- §16-4-8. — Blanks and fees for reports.
- §16-4-9. — Treatment.
- §16-4-10. — Minors.
- §16-4-11. — Precautions as to exposure to disease.
- §16-4-12. — Persons not under treatment.
- §16-4-13. — Sources of infection.
- §16-4-14. — Issuance of warrant or order as to custody.
- §16-4-15. — Form and execution of warrant.
- §16-4-16. — Hearing on warrant; detention.
- §16-4-17. — Release from detention.
- §16-4-18. — Employment of infected person.
- §16-4-19. — Voluntary submission to examination and treatment; charges; disposition of money collected.
- §16-4-20. — Communication of disease; certificate.
- §16-4-21. — Quarantine.
- §16-4-22. — Physicians to furnish statement of qualifications and facilities for treatment of venereal diseases.
- §16-4-23. — Costs and expenses of enforcement; jointly established places of detention.
- §16-4-24. — Offenses by druggists.
- §16-4-25. — Advertisements concerning venereal disease, etc.; penalty; exceptions.
- §16-4-26. — Offenses generally; penalties; jurisdiction of justices; complaints.
- §16-4-27. — Additional power and authority of local health officers.
- §16-4-28. — Detention places.
- §16-4-29. — Detention and treatment.
- §16-4-30. — Continuous jurisdiction.
- ARTICLE 4A. — PRENATAL EXAMINATION.
- §16-4A-1. — Compulsory serologic test.
- §16-4A-2. — Attending physician to obtain blood specimen.
- §16-4A-3. — Identification of specimen; report.
- §16-4A-4. — Notation on birth certificate.
- §16-4A-5. — Offenses; penalty.
- §16-4A-6. — Separability.
- ARTICLE 4B. — AUTOPSIES ON BODIES OF DECEASED PERSONS.
- §16-4B-1. — Autopsy on body of deceased persons in interest of medical science; who may perform; consent required; who may give consent.
- ARTICLE 4C. — EMERGENCY MEDICAL SERVICES ACT.
- §16-4C-1. — Short title.
- §16-4C-2. — Purposes of article.
- §16-4C-3. — Definitions.
- §16-4C-4. — Office of emergency medical services created; staffing.
- §16-4C-5. — Emergency Medical Services Advisory Council; duties; composition; appointment; meetings; compensation and expenses.
- §16-4C-5a. — Continuation of the Emergency Medical Services Advisory Council.
- §16-4C-6. — Powers and duties of commissioner.
- §16-4C-6a. — Emergency medical services agency licensure.
- §16-4C-6b. — Establishment of emergency medical services agency licensure fund; authorized expenditures; annual report.
- §16-4C-7. — Vehicles, aircraft and persons aboard them exempted from requirements of article.
- §16-4C-8. — Standards for emergency medical service personnel.
- §16-4C-9. — Suspension or revocation of certificate or temporary certificate or license.
- §16-4C-10. — Notice of refusal, suspension or revocation of certificate or license; appeals to commissioner; judicial review.
- §16-4C-11. — Liability for cost of emergency medical service.
- §16-4C-12. — Violations; criminal penalties.
- §16-4C-13. — Actions to enjoin violations; injunctive relief.
- §16-4C-14. — Services that may be performed by emergency medical service personnel.
- §16-4C-15. — Powers of emergency medical service attendants, emergency medical technicians-basic and emergency medical technicians-paramedic during emergency communications failures and disasters.
- §16-4C-16. — Limitation of liability; mandatory errors and omissions insurance.
- §16-4C-17. — Limitation of liability for failure to obtain consent.
- §16-4C-18. — Authority of emergency medical service personnel in charge of emergency medical services.
- §16-4C-19. — Obstructing or causing bodily injury to emergency medical service personnel; criminal penalties.
- §16-4C-20. — Service reciprocity agreements for mutual aid.
- §16-4C-21. — Restriction for provision of emergency medical services by out-of-state emergency medical service personnel or providers of emergency medical services.
- §16-4C-22. — Transportation of unconscious or otherwise uncommunicative patients.
- §16-4C-23. — Authority of the commissioner to make rules.
- ARTICLE 4D. — AUTOMATED EXTERNAL DEFIBRILLATORS.
- §16-4D-1. — Purpose and findings.
- §16-4D-2. — Definitions.
- §16-4D-3. — Early defibrillation programs.
- §16-4D-4. — Limitation on liability.
- ARTICLE 5. — VITAL STATISTICS.
- §16-5-1. — Definitions.
- §16-5-2. — Establishment of section of vital statistics in Bureau for Public Health.
- §16-5-3. — Department of Health and Human Resources to propose legislative rules.
- §16-5-4. — Appointment of State Registrar of Vital Statistics.
- §16-5-5. — Powers and duties of State Registrar.
- §16-5-6. — Registration districts.
- §16-5-7. — Appointment and removal of local registrars and deputy local registrars.
- §16-5-8. — Duties of local registrars and deputy local registrars.
- §16-5-9. — Content of certificates and reports.
- §16-5-10. — Birth registration acknowledgment and rescission of paternity.
- §16-5-11. — Registration of infants and minors born with specified birth defects.
- §16-5-12. — Notation on birth records of missing children.
- §16-5-12a. — Repealed.
- §16-5-12b. — Repealed.
- §16-5-13. — Registration of infants of unknown parentage.
- §16-5-14. — Delayed registration of births.
- §16-5-15. — Judicial procedure to establish facts of birth.
- §16-5-16. — Certificate of adoption.
- §16-5-17. — Court reports of determination of paternity.
- §16-5-18. — Certificates of birth following adoption, legitimation, paternity acknowledgment and court determination of paternity.
- §16-5-18a. — Repealed.
- §16-5-18b. — Repealed.
- §16-5-19. — Death registration.
- §16-5-20. — Delayed registration of death.
- §16-5-21. — Reports of fetal death.
- §16-5-22. — Reports of induced termination of pregnancy.
- §16-5-23. — Authorization for disposition and disinterment and reinterment permits.
- §16-5-24. — Extension of time for filing certificates, reports and authorizations.
- §16-5-25. — Correction and amendment of vital records.
- §16-5-26. — Reproduction and preservation of records.
- §16-5-27. — Disclosure of information from vital records or vital reports.
- §16-5-28. — Copies from the system of vital statistics.
- §16-5-29. — Fees for copies and searches.
- §16-5-30. — Persons required to keep records.
- §16-5-31. — Duty to furnish information relative to vital events.
- §16-5-32. — Matching of birth and death certificates.
- §16-5-33. — Limitation on use of social security numbers.
- §16-5-34. — Uniform system of registration of marriage, divorce and annulment of marriage.
- §16-5-35. — Registration of marriages.
- §16-5-36. — Registration of divorces and annulments of marriages.
- §16-5-37. — Applicability to previously received certificates and reports.
- §16-5-38. — Penalties.
- ARTICLE 5A. — CANCER CONTROL.
- §16-5A-1. — Cancer control.
- §16-5A-2. — Educational program.
- §16-5A-2a. — Cancer and tumor registry.
- §16-5A-3. — Establishment of clinics.
- §16-5A-4. — Tissue diagnostic service.
- §16-5A-5. — Care of needy patients.
- §16-5A-6. — Repealed.
- §16-5A-7. — Repealed.
- §16-5A-8. — Repealed.
- §16-5A-9. — Repealed.
- §16-5A-9a. — Laetrile use; informed consent.
- §16-5A-10. — Repealed.
- ARTICLE 5B. — HOSPITALS AND SIMILAR INSTITUTIONS.
- §16-5B-1. — Health facilities and certain other facilities operated in connection therewith to obtain license; exemptions; meaning of hospital, etc.
- §16-5B-2. — Hospitals and institutions to obtain license; qualifications of applicant.
- §16-5B-3. — Application for license.
- §16-5B-4. — License fees.
- §16-5B-5. — Inspection.
- §16-5B-5a. — Accreditation reports accepted for periodic license
- §16-5B-6. — State director of health to issue licenses; suspension or revocation.
- §16-5B-6a. — Consumer majorities on hospital boards of directors.
- §16-5B-7. — Judicial review.
- §16-5B-8. — State board of health to establish standards; director enforces.
- §16-5B-8a. — Repealed.
- §16-5B-9. — Hospitals and similar institutions required to supply patients, upon request, with one specifically itemized statement of charges assessed to patient, at no cost to patient.
- §16-5B-10. — Information not to be disclosed; exception.
- §16-5B-11. — Violations; penalties.
- §16-5B-12. — Injunction; severability.
- §16-5B-13. — Hospital-based paternity program.
- §16-5B-14. — The Critical Access Hospital Designation Act.
- §16-5B-15. — Hospital visitation.
- ARTICLE 5C. — NURSING HOMES.
- §16-5C-1. — Purpose.
- §16-5C-2. — Definitions.
- §16-5C-3. — Powers, duties and rights of director.
- §16-5C-4. — Administrative and inspection staff.
- §16-5C-5. — Rules; minimum standards for nursing homes.
- §16-5C-5a. — Repealed.
- §16-5C-6. — License required; application; fees; duration; renewal.
- §16-5C-7. — Cost disclosure; surety for resident funds.
- §16-5C-8. — Investigation of complaints.
- §16-5C-9. — Inspections.
- §16-5C-9a. — Exemptions.
- §16-5C-10. — Reports of inspections; plans of correction; assessment of penalties and use of funds derived therefrom; hearings.
- §16-5C-11. — License limitation, suspension, revocation; continuation of disciplinary proceedings; closure, transfer of residents, appointment of temporary management; assessment of interest; collection of assessments; promulgation of rules to conform with federal requirements; hearings.
- §16-5C-12. — Administrative appeals for civil assessments, license limitation, suspension or revocation.
- §16-5C-13. — Judicial review.
- §16-5C-14. — Legal counsel and services for the director.
- §16-5C-15. — Unlawful acts; penalties; injunctions; private right of action.
- §16-5C-16. — Availability of reports and records.
- §16-5C-17. — Licenses and rules in force.
- §16-5C-18. — Separate accounts for residents' personal funds; consent for use; records; penalties.
- §16-5C-19. — Federal law; legislative rules.
- ARTICLE 5D. — ASSISTED LIVING RESIDENCES.
- §16-5D-1. — Purpose.
- §16-5D-2. — Definitions.
- §16-5D-3. — Powers, duties and rights of secretary.
- §16-5D-4. — Administrative and inspection staff.
- §16-5D-5. — Rules; minimum standards for assisted living residences.
- §16-5D-6. — License required; application; fees; duration; renewal.
- §16-5D-7. — Cost disclosure; surety for residents' funds.
- §16-5D-8. — Investigation of complaints.
- §16-5D-9. — Inspections.
- §16-5D-10. — Reports of inspections; plans of correction; assessment of penalties and use of funds derived therefrom; hearings.
- §16-5D-11. — License limitation, suspension, revocation; ban on admissions; continuation of disciplinary proceedings; closure, transfer of residents, appointment of temporary management; assessment of interest; collection of assessments; hearings.
- §16-5D-12. — Administrative appeals for civil assessments, license limitation, suspension or revocation.
- §16-5D-13. — Judicial review.
- §16-5D-14. — Legal counsel and services for the secretary.
- §16-5D-15. — Unlawful acts; penalties; injunctions; private right of action.
- §16-5D-16. — Availability of reports and records.
- §16-5D-17. — Licenses and rules in force.
- §16-5D-18. — Separate accounts for residents' personal funds; consent for use; records; penalties.
- ARTICLE 5E. — REGISTRATION AND INSPECTION OF SERVICE PROVIDERS IN LEGALLY UNLICENSED HEALTH CARE HOMES.
- §16-5E-1. — Purpose.
- §16-5E-1a. — Powers, rights and duties of the director.
- §16-5E-2. — Definitions.
- §16-5E-3. — Registration of service providers required; form of registration; information to be provided.
- §16-5E-4. — Public availability of registry.
- §16-5E-5. — Inspections; right of entry.
- §16-5E-6. — Enforcement; criminal penalties.
- ARTICLE 5F. — HEALTH CARE FINANCIAL DISCLOSURE.
- §16-5F-1. — Legislative findings; purpose; intent of article.
- §16-5F-2. — Definitions.
- §16-5F-3. — General powers and duties of the board regarding reporting and review.
- §16-5F-4. — Reports required to be published and filed; form of reports; right of inspection.
- §16-5F-5. — Injunctions.
- §16-5F-6. — Failure to make, publish or distribute reports; penalty; appeal to supreme court of appeals.
- ARTICLE 5G. — OPEN HOSPITAL PROCEEDINGS.
- §16-5G-1. — Declaration of legislative policy.
- §16-5G-2. — Definitions.
- §16-5G-3. — Proceedings to be open; public notice of meetings.
- §16-5G-4. — Exceptions.
- §16-5G-5. — Minutes.
- §16-5G-6. — Enforcement by injunctions; actions in violation of article voidable.
- §16-5G-7. — Violation of article; penalties.
- ARTICLE 5H. — RESIDENTIAL BOARD AND CARE HOMES.
- §§16-5H-1 TO 16-5H-18. — Repealed.
- ARTICLE 5I. — HOSPICE LICENSURE ACT.
- §16-5I-1. — Purpose and short title.
- §16-5I-2. — Definitions.
- §16-5I-3. — Hospices to obtain license; application; fees and inspections.
- §16-5I-4. — Suspension; revocation.
- §16-5I-5. — Secretary of Health and Human Resources to establish rules.
- §16-5I-6. — Violations; penalties; injunction.
- ARTICLE 5J. — CLINICAL LABORATORIES QUALITY ASSURANCE ACT.
- §16-5J-1. — Legislative findings.
- §16-5J-2. — Definition.
- §16-5J-3. — Rules; recognized external standards.
- §16-5J-4. — Powers and duties.
- §16-5J-5. — Advisory board.
- §16-5J-6. — Hearing and judicial review.
- §16-5J-7. — Exemptions.
- §16-5J-8. — Unlawful conduct; penalties.
- §16-5J-9. — Interpretation of article; severability.
- §16-5J-10. — Licensure of technicians; fee; rules and regulations.
- ARTICLE 5K. — EARLY INTERVENTION SERVICES FOR CHILDREN WITH DEVELOPMENTAL DELAYS.
- §16-5K-1. — Legislative findings and statement of purpose.
- §16-5K-2. — Definitions.
- §16-5K-3. — Responsibilities of the department of health and human resources.
- §16-5K-4. — Interagency coordinating council.
- §16-5K-5. — Provision of early intervention services.
- §16-5K-6. — West Virginia Birth-to-Three Fund.
- ARTICLE 5L. — LONG-TERM CARE OMBUDSMAN PROGRAM.
- §16-5L-1. — Short title.
- §16-5L-2. — Legislative purpose.
- §16-5L-3. — Definitions.
- §16-5L-4. — Creation of the state long-term care ombudsman program.
- §16-5L-5. — State long-term care ombudsman; qualifications; duties.
- §16-5L-6. — Establishment of regional long-term care ombudsman programs.
- §16-5L-7. — Regional long-term care ombudsmen; qualifications; duties; training; certification.
- §16-5L-8. — Long-term care ombudsman volunteers; qualifications; duties.
- §16-5L-9. — Long-term care ombudsman volunteer training and certification.
- §16-5L-10. — Investigation of complaints.
- §16-5L-11. — Access to long-term care facilities.
- §16-5L-12. — Access to records.
- §16-5L-13. — Subpoena powers.
- §16-5L-14. — Cooperation among government departments or agencies.
- §16-5L-15. — Confidentiality of investigations.
- §16-5L-16. — Limitations on liability.
- §16-5L-17. — Availability of legal counsel.
- §16-5L-18. — Willful interference; retaliation; penalties.
- §16-5L-19. — Facility posting of long-term care ombudsman program information.
- §16-5L-20. — Funding for long-term care ombudsman programs.
- §16-5L-21. — Promulgation of rules.
- §16-5L-22. — Severability.
- ARTICLE 5M. — OSTEOPOROSIS PREVENTION EDUCATION ACT.
- §16-5M-1. — Short title.
- §16-5M-2. — Responsibilities of bureau of public health.
- §16-5M-3. — Interagency council on osteoporosis.
- ARTICLE 5N. — RESIDENTIAL CARE COMMUNITIES.
- §16-5N-1. — Purpose.
- §16-5N-2. — Definitions.
- §16-5N-3. — Powers, duties and rights of director.
- §16-5N-4. — Administrative and inspection staff.
- §16-5N-5. — Rules; minimum standards for residential care communities.
- §16-5N-6. — License required; application; fees; duration; renewal.
- §16-5N-7. — Cost disclosure; residents' funds; nursing care; fire code.
- §16-5N-8. — Investigation of complaints.
- §16-5N-9. — Inspections.
- §16-5N-10. — Reports of inspections; plans of correction; assessment of penalties, fees and costs; use of funds derived therefrom; hearings.
- §16-5N-11. — License limitation, suspension and revocation; ban on admissions; continuation of disciplinary proceedings; closure, transfer of residents, appointment of temporary management; assessment of interest; collection of assessments; hearing.
- §16-5N-12. — Administrative appeals from civil penalty assessment, license limitation, suspension or revocation.
- §16-5N-13. — Judicial review.
- §16-5N-14. — Legal counsel and services for the director.
- §16-5N-15. — Unlawful acts; penalties; injunctions; private right of action.
- §16-5N-16. — Availability of reports and records.
- ARTICLE 5O. — MEDICATION ADMINISTRATION BY UNLICENSED PERSONNEL.
- §16-5O-1. — Short title.
- §16-5O-2. — Definitions.
- §16-5O-3. — Administration of medications in facilities.
- §16-5O-4. — Exemption from licensure; statutory construction.
- §16-5O-5. — Instruction and training.
- §16-5O-6. — Availability of records; eligibility requirements of facility staff.
- §16-5O-7. — Oversight of medication administration by unlicensed personnel.
- §16-5O-8. — Withdrawal of authorization.
- §16-5O-9. — Fees.
- §16-5O-10. — Limitations on medication administration.
- §16-5O-11. — Rules.
- ARTICLE 5P. — SENIOR SERVICES.
- §16-5P-1. — Purpose of article.
- §16-5P-2. — Short title.
- §16-5P-3. — Definitions.
- §16-5P-4. — Appointment of commissioner; term of office; reporting; qualifications; oath.
- §16-5P-5. — Compensation; traveling expenses.
- §16-5P-6. — Powers and duties generally.
- §16-5P-7. — Creation and composition of the West Virginia council on aging; terms of citizen representative; vacancies; officers; meetings.
- §16-5P-8. — Expenses of citizen representatives.
- §16-5P-9. — Programs and services for the aging.
- §16-5P-10. — Community care services.
- §16-5P-11. — Prevention of crimes against the elderly.
- §16-5P-12. — Designated state agency for handling federal programs.
- §16-5P-13. — Records and files, existing programs and contracts; rules.
- §16-5P-14. — Reports.
- §16-5P-15. — Continuation of bureau.
- ARTICLE 5Q. — THE JAMES "TIGER" MORTON CATASTROPHIC ILLNESS FUND.
- §16-5Q-1. — Creation of the James "Tiger" Morton catastrophic illness fund.
- §16-5Q-2. — Catastrophic illness commission; composition; meetings.
- §16-5Q-3. — James "Tiger" Morton Catastrophic Illness Commission continued.
- §16-5Q-4. — Assignment of rights; right of subrogation by the James "Tiger" Morton Catastrophic Illness Commission to the rights of recipients of medical assistance; rules as to effect of subrogation.
- ARTICLE 5R. — THE ALZHEIMER'S SPECIAL CARE STANDARDS ACT.
- §16-5R-1. — Name of act.
- §16-5R-2. — Findings and declarations.
- §16-5R-3. — Definition of alzheimer's special care unit/program.
- §16-5R-4. — Alzheimer's special care disclosure required.
- §16-5R-5. — Standards for care; rules.
- §16-5R-6. — Alzheimer's and dementia care training; rules.
- §16-5R-7. — Establishment of a central registry.
- ARTICLE 5S. — OLDER WEST VIRGINIANS ACT.
- §16-5S-1. — Short title.
- §16-5S-2. — Purpose and objectives.
- §16-5S-3. — Definitions.
- §16-5S-4. — Powers and duties of the commissioner.
- §16-5S-5. — Powers and duties of the bureau of senior services.
- §16-5S-6. — Area agencies on aging.
- §16-5S-7. — Local service providers.
- §16-5S-8. — Supportive services.
- §16-5S-9. — Nutrition services.
- §16-5S-10. — Other services.
- §16-5S-11. — Programs and special activities for older West Virginians.
- ARTICLE 5T. — CARE HOME ADVISORY BOARD.
- 16-5T-1. — Care home advisory board created; membership; terms; meetings; compensation; termination.
- ARTICLE 5U. — ARTHRITIS PREVENTION EDUCATION ACT.
- §16-5U-1. — Short title.
- §16-5U-2. — Responsibilities of Bureau for Public Health.
- §16-5U-3. — Interagency council on arthritis.
- ARTICLE 6. — HOTELS AND RESTAURANTS.
- §16-6-1. — Repealed.
- §16-6-2. — Regulations by state board of health; enforcement of orders and laws respecting pure food.
- §16-6-3. — Hotel and restaurant defined; hotels and restaurants not subject to provisions of article.
- §16-6-4. — Application for inspection of hotel or restaurant; temporary permit; certificate of inspection; fee.
- §16-6-5. — Form and content of application for inspection; payment of fee.
- §16-6-6. — Contents of certificate and permit; posting.
- §16-6-7. — Certificate or permit prerequisite to license.
- §16-6-8. — Annual inspection of hotels and restaurants; powers and duties of director of health.
- §16-6-9. — Alterations and changes by owner; penalty for refusal or failure to make.
- §16-6-10. — Notices by director of health.
- §16-6-11. — Lighting; plumbing; ventilation.
- §16-6-12. — Water closets.
- §16-6-13. — Privies.
- §16-6-14. — Washrooms; towels.
- §16-6-15. — Beds and floor coverings.
- §16-6-16. — Bedbugs.
- §16-6-17. — Employment of person having communicable disease.
- §16-6-18. — Disinfection of rooms and beds; penalty.
- §16-6-19. — Hallways; fire escapes.
- §16-6-20. — Knotted rope or other fire escape in rooms; exception.
- §16-6-21. — Fire extinguishers.
- §16-6-22. — Liability of hotel or restaurant keeper for loss of property; deposit of valuables.
- §16-6-22a. — Sulfite use warning.
- §16-6-23. — Offenses.
- §16-6-24. — Prosecution.
- §16-6-25
- ARTICLE 7. — PURE FOOD AND DRUGS.
- §16-7-1. — Manufacture or sale of adulterated food or drugs prohibited; definition of terms.
- §16-7-2. — What constitutes adulteration.
- §16-7-3. — Inspection and analysis of foods and drugs; certificate of result as prima facie evidence in prosecution.
- §16-7-4. — Penalty for adulterating food or drugs, or for manufacturing or selling adulterated food or drugs.
- §16-7-5. — Regulations by state board of health as to milk and milk products.
- §16-7-6. — Killing young calves for purpose of sale.
- §16-7-7. — Selling, etc., of meat or shellfish containing preservatives; penalties.
- §16-7-8. — Resale of certain food, drug, and medical devices prohibited; definitions; source documentation required; confiscation of food, drugs or medical devices; penalty and exceptions; rules.
- §16-7-9. — Enforcement; disposition of penalties.
- §16-7-10. — Adulterated articles to be forfeited and destroyed.
- §16-7-11. — Effect of repeal on pending actions.
- ARTICLE 8. — ELECTROLOGISTS.
- §16-8-1. — Definitions.
- §16-8-2. — Regulations by state board of health; minimum requirements.
- ARTICLE 8A. — NARCOTIC DRUGS.
- §§16-8A-1 to 16-8A-26. — Repealed.
- ARTICLE 8B. — DANGEROUS DRUGS ACT.
- §§16-8B-1 to 16-8B-7. — Repealed.
- ARTICLE 9. — OFFENSES GENERALLY.
- §16-9-1. — Repealed.
- §16-9-2. — Throwing or releasing dead animals or offensive substances into waters used for domestic purposes; penalties; jurisdiction; failure to bury or destroy offensive substances after conviction; successive offenses.
- §16-9-3. — Depositing dead animals or offensive substances in or near waters or on or near roads or on public or private grounds; penalties; failure to bury or destroy offensive substances after conviction; successive offenses.
- §16-9-4. — Repealed.
- §16-9-5. — Repealed.
- §16-9-6. — Repealed.
- §16-9-7. — Repealed.
- §16-9-8. — Jurisdiction of courts.
- ARTICLE 9A. — TOBACCO USAGE RESTRICTIONS.
- §16-9A-1. — Legislative intent.
- §16-9A-2. — Sale or gift of cigarette, cigarette paper, pipe, cigar, snuff, or chewing tobacco to persons under eighteen; penalties for first and subsequent offense.
- §16-9A-3. — Use or possession of tobacco or tobacco products by persons under the age of eighteen years; penalties.
- §16-9A-4. — Use of tobacco or tobacco products in certain areas of certain public schools prohibited; penalty.
- §16-9A-5. — Outdoor billboard advertisements for smokeless tobacco products, nuisance affecting public health.
- §16-9A-6. — Repealed.
- §16-9A-7. — Enforcement of youth smoking laws; retail tobacco outlet inspections; use of minors in inspections; annual reports; penalties; defenses.
- §16-9A-8. — Selling of tobacco products in vending machines prohibited except in certain places.
- §16-9A-9. — Selling of bidis prohibited; penalties.
- ARTICLE 9B. — IMPLEMENTING TOBACCO MASTER SETTLEMENT AGREEMENT.
- §16-9B-1. — Findings and purpose.
- §16-9B-2. — Definitions.
- §16-9B-3. — Requirements.
- §16-9B-4. — Special severability rule; implementation date.
- ARTICLE 9C. — STATE TOBACCO GROWERS' SETTLEMENT BOARD.
- §16-9C-1. — Findings and purpose.
- §16-9C-2. — Definitions.
- §16-9C-3. — Creation of board.
- §16-9C-4. — Duties and responsibilities of the state tobacco grower board.
- ARTICLE 9D. — ENFORCEMENT OF STATUTES IMPLEMENTING TOBACCO MASTER SETTLEMENT AGREEMENT.
- §16-9D-1. — Findings and purpose.
- §16-9D-2. — Definitions.
- §16-9D-3. — Certifications; directory; tax stamps.
- §16-9D-4. — Certification of tobacco product manufacturer wanting to sell product in this state for the first time.
- §16-9D-5. — Agent for service of process.
- §16-9D-6. — Reporting of information; escrow installments.
- §16-9D-7. — Electronic filing of quarterly reports.
- §16-9D-8. — Penalties and other remedies.
- §16-9D-9. — Miscellaneous provisions.
- §16-9D-10. — Effective date; implementation.
- ARTICLE 9E. — DELIVERY SALES OF TOBACCO.
- §16-9E-1. — Definitions.
- §16-9E-2. — Requirements for delivery sales.
- §16-9E-3. — Age verification requirements.
- §16-9E-4. — Shipping requirements.
- §16-9E-5. — Registration and reporting requirements.
- §16-9E-6. — Collection of taxes.
- §16-9E-7. — Penalties.
- §16-9E-8. — Enforcement.
- ARTICLE 9F. — COUNTERFEIT CIGARETTES.
- §16-9F-1. — Definition.
- §16-9F-2. — Prohibition of counterfeit cigarettes.
- §16-9F-3. — Penalties.
- §16-9F-4. — Enforcement.
- ARTICLE 10. — UNIFORM DETERMINATION OF DEATH ACT.
- §16-10-1. — Determination of death.
- §16-10-2. — Uniformity of construction and application.
- §16-10-3. — Civil and criminal immunity.
- §16-10-4. — Short title.
- ARTICLE 11. — SEXUAL STERILIZATION.
- §16-11-1. — Male or female sterilization procedures.
- §16-11-2. — Immunity of persons performing operation.
- ARTICLE 12. — SANITARY DISTRICTS FOR SEWAGE DISPOSAL.
- §16-12-1. — Incorporation as sanitary district for sewage disposal; petition, notice and hearing; election; form of ballot; expenses of election.
- §16-12-2. — Board of trustees.
- §16-12-3. — Employment of clerk and other officers; compensation; trustee or employee not to be interested in contract, etc., of sanitary district.
- §16-12-4. — Publication and effective date of ordinances imposing penalty or making appropriation; certificate of clerk as proof of ordinances, orders and resolutions; evidence of passage and legal publication.
- §16-12-5. — Sewage treatment plant and necessary appurtenances; board not to operate waterworks system for municipality.
- §16-12-6. — Penalty for failure to provide sewers and sewage treatment plant; duties of the division of environmental protection and the bureau of public health; prosecution.
- §16-12-7. — Collections for maintenance and operating costs of works for industrial sewage; how costs determined.
- §16-12-8. — Acquisition and disposition of property.
- §16-12-9. — Borrowing money; procedure for issuance of revenue or tax obligation bonds; debt limitation.
- §16-12-10. — Provision for service charges or direct annual tax to pay interest and principal of indebtedness.
- §16-12-10a. — Ultimate liability for tax or service charge.
- §16-12-11. — Letting contracts; manner and cost of building additions or extensions.
- §16-12-12. — When territory outside of district may use system.
- §16-12-13. — How additional contiguous territory may be added to sanitary district.
- §16-12-14. — Disconnection of territory from sanitary district.
- ARTICLE 13. — SEWAGE WORKS AND STORMWATER WORKS.
- §16-13-1. — Acquisition, operation, etc., of works; acquisition of property; issuance of bonds.
- §16-13-2. — Sanitary board to supervise and control construction, etc., of works; appointment of board; definitions.
- §16-13-3. — Powers of sanitary board; contracts; employees; compensation thereof; extensions and improvements; replacement of damaged public works.
- §16-13-4. — Payment of preliminary expenses of surveys, etc.
- §16-13-5. — Ordinance necessary before acquisition or construction of works.
- §16-13-6. — Publication and hearing upon ordinance.
- §16-13-7. — Acquisition by condemnation or purchase.
- §16-13-8. — Cost of works.
- §16-13-9. — Contracts and obligations incurred to be paid for solely by revenue bonds.
- §16-13-10. — Interest on and redemption of bonds; form; statement on face of bond; negotiability; exemption from taxation; registration; execution; sale; disposition of surplus proceeds; additional and temporary bonds.
- §16-13-11. — Additional bonds to extend or improve works.
- §16-13-12. — Additional bonds for extension, etc., of works to have equal priority with original bonds.
- §16-13-13. — Application of revenue from bonds; lien.
- §16-13-14. — Securing bonds by trust indenture.
- §16-13-15. — Sinking fund; transfer of balance of net revenues.
- §16-13-16. — Rates for service; deposit required for new customers; forfeiture of deposit; reconnecting deposit; tenant's deposit; change or readjustment; hearing; lien and recovery; discontinuance of services.
- §16-13-17. — Government units subject to established rates.
- §16-13-18. — Supervision of works by sanitary board; organization of board; qualifications, terms and compensation of members.
- §16-13-18a. — Publication of financial statement.
- §16-13-19. — Contract with other municipalities for service of works; powers of lessee as to rates; intercepting sewers.
- §16-13-20. — Discharge of lien on property acquired.
- §16-13-21. — Action on certificates or attached coupons; receivers.
- §16-13-22. — Powers conferred in addition to existing powers; jurisdiction outside corporate limits.
- §16-13-22a. — Grants, loans and advances.
- §16-13-22b. — Contracts for abatement of pollution.
- §16-13-22c. — Refunding bonds.
- §16-13-22d. — Subordination of bonds.
- §16-13-22e. — Operating contract.
- §16-13-22f. — Exemption of bonds from taxation.
- §16-13-22g. — Covenants with bondholders.
- §16-13-23. — Article deemed full authority for construction, etc., of works and issue of bonds; alternative method; powers of state department of health unaffected.
- §16-13-23a. — Additional powers of municipality upon receipt of order to cease pollution.
- §16-13-24. — Article to be construed liberally.
- ARTICLE 13A. — PUBLIC SERVICE DISTRICTS.
- §16-13A-1. — Legislative findings.
- §16-13A-1a. — Jurisdiction of the public service commission.
- §16-13A-1b. — County commissions to develop plan to create, consolidate, merge, expand or dissolve public service districts.
- §16-13A-1c. — General purpose of districts.
- §16-13A-2. — Creation of districts by county commission; enlarging, reducing, merging, or dissolving district; consolidation; agreements, etc.; infringing upon powers of county commission; filing list of members and districts with the Secretary of State.
- §16-13A-3. — District to be a public corporation and political subdivision; powers thereof; public service boards.
- §16-13A-3a. — Removal of members of public service board.
- §16-13A-4. — Board chairman; members' compensation; procedure; district name.
- §16-13A-5. — General manager of board.
- §16-13A-6. — Employees of board.
- §16-13A-7. — Acquisition and operation of district properties.
- §16-13A-8. — Acquisition and purchase of public service properties; right of eminent domain; extraterritorial powers.
- §16-13A-9. — Rules; service rates and charges; discontinuance of service; required water and sewer connections; lien for delinquent fees.
- §16-13A-9a. — Limitations with respect to foreclosure.
- §16-13A-10. — Budget.
- §16-13A-11. — Accounts; audit.
- §16-13A-12. — Disbursement of district funds.
- §16-13A-13. — Revenue bonds.
- §16-13A-14. — Items included in cost of properties.
- §16-13A-15. — Bonds may be secured by trust indenture.
- §16-13A-16. — Sinking fund for revenue bonds.
- §16-13A-17. — Collection, etc., of revenues and enforcement of covenants; default; suit, etc., by bondholder or trustee to compel performance of duties; appointment and powers of receiver.
- §16-13A-18. — Operating contracts.
- §16-13A-18a. — Sale, lease or rental of water, sewer, stormwater or gas system by district; distribution of proceeds.
- §16-13A-19. — Statutory mortgage lien created; foreclosure thereof.
- §16-13A-20. — Refunding revenue bonds.
- §16-13A-21. — Complete authority of article; liberal construction; district to be public instrumentality; tax exemption.
- §16-13A-22. — Validation of prior acts and proceedings of county courts for creation of districts, inclusion of additional territory, and appointment of members of district boards.
- §16-13A-23. — Validation of acts and proceedings of public service boards.
- §16-13A-24. — Acceptance of loans, grants or temporary advances.
- §16-13A-25. — Borrowing and bond issuance; procedure.
- ARTICLE 13B. — COMMUNITY IMPROVEMENT ACT.
- §16-13B-1. — Short title.
- §16-13B-2. — Definitions.
- §16-13B-3. — Power and authority of counties and municipalities relating to flood relief, wastewater and water projects.
- §16-13B-4. — Determination of need and feasibility of creating an assessment district.
- §16-13B-5. — Notice to property owners before creation of assessment district and construction of project; form of notice; affidavit of publication.
- §16-13B-6. — Petition of property owners for creation of assessment district.
- §16-13B-7. — Receipt of petition of property owners; ordinance or order authorizing creation of assessment district and construction of project.
- §16-13B-8. — Assessment district to be a public corporation and political subdivision; powers thereof; community improvement boards.
- §16-13B-9. — Provisions for construction of a project.
- §16-13B-10. — Notice to property owners of assessments; hearings, correcting and laying assessments; report on project completion; permits.
- §16-13B-11. — Construction of projects; assessments; corner lots, etc.
- §16-13B-12. — Apportionment and assessment of cost.
- §16-13B-13. — Assessment against property of public, charitable, eleemosynary, educational or religious institutions; duty of those in charge to cause assessments to be paid.
- §16-13B-14. — Method of paying for cost of project; how assessments may be evidenced.
- §16-13B-15. — Assessment certificates; assignments; designation of registrar for assessment certificates.
- §16-13B-16. — No liability of state, county, municipality and assessment district.
- §16-13B-17. — Payment of assessment fees; releases.
- §16-13B-18. — Liens; recording notice of liens; suit for enforcement; priority.
- §16-13B-19. — Reassessment for void, irregular or omitted assessments.
- §16-13B-20. — How additional territory may be added to assessment district.
- §16-13B-21. — Operation and maintenance of wastewater and water projects; rates and charges therefor.
- §16-13B-22. — Liberal construction.
- ARTICLE 13C. — DRINKING WATER TREATMENT REVOLVING FUND ACT.
- §16-13C-1. — Definitions.
- §16-13C-2. — Designation of division of health as state
- §16-13C-3. — Drinking water treatment revolving fund; duties of division of health and water development authority; set-aside accounts.
- §16-13C-4. — Management of funds.
- §16-13C-5. — Remedies to enforce payment.
- §16-13C-6. — Construction of article.
- ARTICLE 13D. — REGIONAL WATER AND WASTEWATER AUTHORITY ACT.
- §16-13D-1. — Statement of purpose.
- §16-13D-2. — Definitions.
- §16-13D-3. — Joint exercise of powers by certain public agencies; agreements among agencies, contents; submission to public service commission; filing of agreement; prohibition against competition; retirement of bonds.
- §16-13D-4. — Furnishing of funds, personnel or services by certain public agencies, agreements for purchase, sale, distribution, transmission, transportation and treatment of water or wastewater; terms and conditions.
- §16-13D-5. — Declaration of authority organization, when quasi-governmental public corporation.
- §16-13D-6. — Governing body; appointments; terms of members, voting rights.
- §16-13D-7. — Meetings of governing body; annual audit.
- §16-13D-8. — Powers of governing body.
- §16-13D-9. — Revenue bonds.
- §16-13D-10. — Items included in cost of properties.
- §16-13D-11. — Bonds may be secured by trust indenture.
- §16-13D-12. — Sinking fund for revenue bonds.
- §16-13D-13. — Collection, etc., of revenues and enforcement of covenants; default; suit, etc., by bondholder or trustee to compel performance of duties; appointment and powers of receiver.
- §16-13D-14. — Statutory mortgage lien created; foreclosure thereof.
- §16-13D-15. — Rates and charges.
- §16-13D-16. — Refunding revenue bonds.
- §16-13D-17. — Exemption of bonds from taxation.
- §16-13D-18. — Bonds made legal investments.
- §16-13D-19. — Invalidity of part.
- §16-13D-20. — Article to be liberally construed.
- §16-13D-21. — Citation of article.
- ARTICLE 13E. — COMMUNITY ENHANCEMENT ACT.
- §16-13E-1. — Short title.
- §16-13E-2. — Definitions.
- §16-13E-3. — Power and authority of counties and municipalities to create and establish community enhancement districts.
- §16-13E-4. — Petition for creation or expansion of community enhancement district; petition requirements.
- §16-13E-5. — Notice to property owners before creation or expansion of community enhancement district and construction or acquisition of project; form of notice; affidavit of publication.
- §16-13E-6. — Creation of community enhancement district; community enhancement district to be a public corporation and political subdivision; powers thereof; community enhancement boards.
- §16-13E-7. — Provisions for construction of a project.
- §16-13E-8. — Notice to property owners of assessments; correcting and laying assessments; report on project completion; credits.
- §16-13E-9. — Exemption of public property from assessments.
- §16-13E-10. — Assessment bonds; sinking fund for assessment bonds;
- §16-13E-11. — Indebtedness of assessment district.
- §16-13E-12. — Payment of assessments to sheriff; report to community enhancement district; collection of delinquent assessments.
- §16-13E-13. — Liens; recording notice of liens; priority; release of lien; notice to future property owners.
- §16-13E-14. — Liberal construction.
- ARTICLE 14. — BARBERS AND COSMETOLOGISTS.
- §16-14-1. — Jurisdiction over barbers and cosmetologists; powers and duties of director of health.
- §16-14-2. — Barbering, beauty culture and manicuring defined.
- §16-14-3. — Regulations to be promulgated by board of health; enforcement.
- §16-14-4. — Repealed.
- §16-14-5. — Repealed.
- §16-14-6. — Repealed.
- §16-14-7. — Repealed.
- §16-14-8. — Repealed.
- §16-14-9. — Repealed.
- §16-14-10. — Repealed.
- §16-14-11. — Repealed.
- §16-14-12. — Repealed.
- §16-14-13. — Repealed.
- §16-14-14. — Repealed.
- §16-14-15. — Repealed.
- §16-14-16. — Repealed.
- §16-14-17. — Repealed.
- ARTICLE 15. — STATE HOUSING LAW.
- §16-15-1. — Definitions.
- §16-15-1a. — Repealed.
- §16-15-2. — Legislative declaration of necessity for creation of housing authority corporations.
- §16-15-3. — City and county housing authorities created; when to transact business or exercise powers; determination
- §16-15-3a. — Regional housing authorities.
- §16-15-3b. — Consolidated housing authorities.
- §16-15-4. — Persons prohibited from acquiring interest in property or contracts; disclosure of prior interest.
- §16-15-5. — Organization, officers and employees of housing authority.
- §16-15-6. — Commissioner to receive no compensation; reimbursement for necessary expenditures.
- §16-15-7. — Authority a body corporate and politic; powers; investigations or examinations.
- §16-15-7a. — Power of authority to include certain stipulations in contracts.
- §16-15-7b. — Joint undertakings by authorities; areas of operation.
- §16-15-8. — Power to acquire lands, etc., by purchase or by right of eminent domain.
- §16-15-9. — Developments subject to ordinances, etc., of locality in which situated; restrictions on acquisition, etc., of property; securities need not be offered to sinking fund commission.
- §16-15-10. — Amount and nature of indebtedness; rights of creditors.
- §16-15-11. — Agreement with federal government providing for supervision and control of authority or
- §16-15-12. — Report to mayor or county governing body.
- §16-15-13. — Community and economic development fund.
- §16-15-14. — Tax and licensing exemptions.
- §16-15-15. — Security for funds of authority deposited in bank.
- §16-15-16. — Repealed.
- §16-15-17. — Policy of state as to rentals.
- §16-15-18. — Duties of authority and limitation of powers.
- §16-15-19. — Power to issue bonds; how bonds secured.
- §16-15-20. — Bonds authorized by resolution; interest rate and life; forms; denominations; redemption; how payable; sale; signatures of commissioners or officers ceasing to be such before delivery; presumptions in suit, etc., involving validity.
- §16-15-21. — Powers of authority in connection with the issuance of bonds, incurring obligations under leases and securing payment of bonds.
- §16-15-22. — Actions by obligee of authority to enforce performance of contracts and to enjoin unlawful acts.
- 16-15-23. — Surrender of possession of development to obligee upon default by authority; appointment of receiver;
- §16-15-24. — Housing authorities empowered to provide housing for farmers of low and moderate income.
- §16-15-25. — Application for low-cost housing for farmers.
- ARTICLE 16. — HOUSING COOPERATION LAW.
- §16-16-1. — Citation of article.
- §16-16-2. — Declaration of purpose and necessity.
- §16-16-3. — Definitions.
- §16-16-4. — Powers conferred upon state public bodies.
- §16-16-5. — City or county may lend or donate money to housing authority; reimbursement.
- §16-16-6. — How exercise of powers granted to state public body authorized.
- §16-16-7. — Additional and supplemental powers conferred.
- ARTICLE 17. — NATIONAL DEFENSE HOUSING.
- §16-17-1. — Declaration of legislative purpose.
- §16-17-2. — Housing authorities authorized to develop and administer safe and sanitary housing for persons engaged in national defense activities.
- §16-17-3. — Cooperation of housing authority with federal government; sale of housing projects to government.
- §16-17-4. — Rights and powers of public bodies to cooperate with housing authorities or federal government.
- §16-17-5. — Bonds, notes, contracts, etc., of housing authorities validated.
- §16-17-6. — Article constitutes independent authorization; housing authority not subject to limitations and requirements of other laws.
- §16-17-7. — Definitions.
- §16-17-8. — Additional and supplemental powers conferred.
- ARTICLE 18. — SLUM CLEARANCE.
- §16-18-1. — Short title.
- §16-18-2. — Findings and declaration of necessity.
- §16-18-3. — Definitions.
- §16-18-4. — Creation of urban renewal authority.
- §16-18-5. — Powers of an authority.
- §16-18-6. — Preparation and approval of redevelopment plans.
- §16-18-7. — Disposal of property in redevelopment project.
- §16-18-8. — Eminent domain.
- §16-18-8a. — Relocation of public utility lines or facilities to accommodate urban redevelopment or slum clearance projects.
- §16-18-9. — Acquisition and development of undeveloped vacant land.
- §16-18-10. — Bonds.
- §16-18-11. — Powers in connection with issuance of bonds or incurring obligations under leases.
- §16-18-12. — Rights of obligee.
- §16-18-13. — Bonds as legal investments.
- §16-18-14. — Conveyance to federal government on default.
- §16-18-15. — Property of authority exempt from taxes and from levy and sale by virtue of an execution.
- §16-18-16. — Cooperation by public bodies.
- §16-18-17. — Grant of funds by community.
- §16-18-18. — Cooperation between authorities.
- §16-18-19. — Report.
- §16-18-20. — Title of purchaser.
- §16-18-21. — Separability of provisions.
- §16-18-22. — Inconsistent provisions.
- §16-18-23. — Additional and supplemental powers conferred.
- §16-18-24. — Additional legislative findings.
- §16-18-25. — Urban renewal projects.
- §16-18-26. — Urban renewal plan.
- §16-18-27. — Powers with respect to urban renewal.
- §16-18-28. — Assistance to urban renewal project by communities and other public bodies.
- §16-18-29. — Authority of governing body to prepare workable program; article confers additional and supplemental powers.
- ARTICLE 19. — ANATOMICAL GIFT ACT.
- §16-19-1. — Definitions.
- §16-19-2. — Making, amending, revoking, and refusing to make anatomical gifts by individual.
- §16-19-3. — Making, revoking, and objecting to anatomical gifts, by others.
- §16-19-3a. — Recovery of corneas; conditions; liability of medical examiner.
- §16-19-4. — Authorization by coroner, medical examiner or local public health official.
- §16-19-4a. — Request for consent to an anatomical gift.
- §16-19-5. — Information regarding anatomical donation; requests for anatomical gifts; search and notification.
- §16-19-6. — Persons who may become donees; purposes for which anatomical gifts may be made.
- §16-19-7. — Delivery of document of gift.
- §16-19-7a. — Prohibition of sales and purchases of human organs.
- §16-19-8. — Rights and duties at death.
- §16-19-9. — Coordination of procurement and use; facilitation of communication.
- §16-19-10. — Sale or purchase of parts prohibited.
- §16-19-11. — Examination; autopsy.
- §16-19-12. — Transitional provisions.
- §16-19-13. — Immunity.
- §16-19-14. — Short title.
- ARTICLE 20. — AIR POLLUTION CONTROL.
- §§16-20-1 to 16-20-20. — Repealed.
- ARTICLE 21. — BLOOD DONATIONS.
- §16-21-1. — Donations by seventeen year old minors without parental permission.
- ARTICLE 22. — DETECTION AND CONTROL OF PHENYLKETONURIA, GALACTOSEMIA, HYPOTHYROIDISM, AND CERTAIN OTHER DISEASES IN NEWBORN CHILDREN.
- §16-22-1. — Findings.
- §16-22-2. — Program to combat mental retardation or other severe health hazards; rules; facilities for making tests.
- §16-22-3. — Tests for phenylketonuria, galactosemia and hypothyroidism and certain other diseases specified by the state public health commissioner; reports; assistance to afflicted children; public health commissioner to promulgate rules.
- §16-22-4. — Penalties for violating provisions of article.
- §16-22-5. — Severability.
- §16-22-6. — Effective date.
- ARTICLE 22A. — TESTING OF NEWBORN INFANTS FOR HEARING IMPAIRMENTS.
- §16-22A-1. — Testing required.
- §16-22A-2. — Rule making authorized.
- §16-22A-3. — Fees for testing; payment of same.
- §16-22A-4. — Hearing impairment testing advisory committee established.
- ARTICLE 22B. — BIRTH SCORE PROGRAM.
- §16-22B-1. — Legislative findings; intent; purpose.
- §16-22B-2. — Birth score program established.
- §16-22B-3. — Determination of birth score; referral to physician.
- §16-22B-4. — Rules.
- ARTICLE 23. — TRANSFUSION OF BLOOD; TRANSPLANTING HUMAN ORGANS OR TISSUE.
- §16-23-1. — Procuring, etc., human blood, etc., organs or other human tissue declared not a sale; warranties inapplicable.
- ARTICLE 24. — STATE HEMOPHILIA PROGRAM.
- §16-24-1. — Definition.
- §16-24-2. — State hemophilia program established.
- §16-24-3. — Purpose of article; goal of program.
- §16-24-4. — General program requirements and basic principles.
- §16-24-5. — General powers, duties and responsibilities of director; program coverage.
- §16-24-6. — Advisory committee on hemophilia.
- §16-24-7. — Enrollment in program; consent of private physician required.
- §16-24-8. — When payments for care and treatment of hemophiliacs may be made by director.
- ARTICLE 25. — DETECTION OF TUBERCULOSIS, HIGH BLOOD PRESSURE AND DIABETES.