2005 West Virginia Code - §21-5F-4. — Enforcement; offenses and penalties.

§21-5F-4. Enforcement; offenses and penalties.
(a) Pursuant to the powers set forth in article one of this chapter, the commissioner of labor is charged with the enforcement of this article. The commissioner shall propose legislative and procedural rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to establish procedures for enforcement of this article. These rules shall include, but are not limited to, provisions to protect due process requirements, a hearings procedure and an appeals procedure.
(b) Any complaint must be filed with the commissioner of labor regarding an alleged violation of the provisions of this article must be made within thirty days following the occurrence of the incident giving rise to the alleged violation. Notification of the alleged violation must be forwarded to the hospital in question within three business days of filing.
(c) The administrative penalty for the first violation of this article shall be a reprimand.
(d) The administrative penalty for the second offense of this article shall be a reprimand and a fine not to exceed five hundred dollars.
(e) The administrative penalty for the third and subsequent offenses shall have a fine of not less than two thousand five hundred dollars and not more than five thousand dollars for each violation.
(f) To be eligible to be charged of a second offense or third offense under this section, the subsequent offense must occur within twelve months of the prior offense.
(g)(1) All moneys paid as administrative penalties pursuant to this section shall be deposited into the health care cost review fund provided by section eight, article twenty-nine-b, chapter sixteen of this code.
(2) In addition to other purposes for which funds may be expended from the health care cost review fund, the West Virginia health care authority shall expend moneys from the fund, in amounts up to but not exceeding amounts received pursuant to subdivision (1) of this subsection, for the following activities in the state of West Virginia:
(A) Establishment of scholarships in medical schools;
(B) Establishment of scholarships for nurses training;
(C) Establishment of scholarships in the public health field;
(D) Grants to finance research in the field of drug addiction and development of cures therefor;
(E) Grants to public institutions devoted to the care and treatment of narcotic addicts; and
(F) Grants for public health research, education and care.