There is a newer version of the West Virginia Code
2009 West Virginia Code
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
- §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 Definitions.
- §16-1A-4 Advisory committee.
- §16-1A-5 Development of legislation regarding CVO; 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;
- §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.
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-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.
- §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).
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 Repealed
- §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 Repealed
- §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 2K. PROGRAMS OF ALL-INCLUSIVE CARE FOR THE ELDERLY,
- §16-2K-1 Legislative findings and statement of purpose.
- §16-2K-2 "PACE" program operation; exemption from regulation as an insurer; annual reports to the Legislature.
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.
- §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.
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 Repealed
- §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 4E. UNIFORM MATERNAL SCREENING ACT.
- §16-4E-1 Legislative findings.
- §16-4E-2 Establishment of an advisory council on maternal risk assessment.
- §16-4E-3 Responsibilities of the advisory council on maternal risk assessment.
- §16-4E-4 Legislative rule-making authority.
- §16-4E-5 Applicability of the screening tool.
- §16-4E-6 Confidentiality of screening tool.
- §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.
- §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 inspections.
- §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.
- §16-5B-16 Public notice regarding the closure of a licensed health care facility or hospital.
- §16-5B-17 Healthcare-associated infection reporting.
- §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.
- §16-5F-7 Exempt from additional audits.
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.
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.
- §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.
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 5V.á EMERGENCY MEDICAL SERVICES RETIREMENT SYSTEM ACT.
- §16-5V-1 Title.
- §16-5V-2 Definitions.
- §16-5V-3 Meaning of terms.
- §16-5V-4 Creation and administration of West Virginia Emergency Medical Services Retirement System; specification of actuarial assumptions.
- §16-5V-5 Article to be liberally construed; supplements federal social security; federal qualification requirements.
- §16-5V-6 Members.
- §16-5V-7 Creation of Fund; investments.
- §16-5V-8 Members' contributions; employer contributions.
- §16-5V-9 Transfer from Public Employees Retirement System.
- §16-5V-10 Notice requirements; test case.
- §16-5V-11 Retirement; commencement of benefits.
- §16-5V-12 Federal law maximum benefit limitations.
- §16-5V-13 Federal law minimum required distributions.
- §16-5V-14 Direct rollovers.
- §16-5V-14a Rollovers and transfers to purchase service credit or repay withdrawn contributions.
- §16-5V-15 Retirement credited service through member's use, as option, of accrued annual or sick leave days.
- §16-5V-16 Retirement benefits
- §16-5V-17 Annuity options.
- §16-5V-18 Refunds to certain members upon discharge or resignation; deferred retirement; forfeitures.
- §16-5V-19 Awards and benefits for disability -- Duty related.
- §16-5V-20 Same -- Due to other causes.
- §16-5V-21 Same -- Physical examinations; termination of disability.
- §16-5V-22 Prior disability.
- §16-5V-23 Awards and benefits to surviving spouse -- When member dies in performance of duty, etc.
- §16-5V-24 Same -- When member dies from nonservice-connected causes.
- §16-5V-25 Additional death benefits and scholarships -- Dependent children.
- §16-5V-26 Burial benefit.
- §16-5V-27 Double death benefits prohibited.
- §16-5V-28 Right to benefits not subject to execution, etc.;assignments prohibited; deductions for group insurance; setoffs for fraud; exception for certain domestic relations orders; benefits exempt from taxes.
- §16-5V-29 Fraud; penalties; and repayment.
- §16-5V-30 Credit toward retirement for member's prior military service; credit toward retirement when member has joined armed forces in time of armed conflict; qualified military service.
- §16-5V-31 How a county commission or political subdivision becomes a participating public employer.
- §16-5V-32 Effective date; report to Joint Committee on Government and Finance; special starting date for benefits.
- §16-5V-33 Limitation of county liability.
- §16-5V-34 Benefits not forfeited if system terminates.
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.
- §16-6-25Repealed Acts, 1988 Reg. Sess., Ch. 66. Code Affected by New Legislation 63 Code Citations affected in Chapter 16 during the 2010 Legislative Sessions
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 8B. DANGEROUS DRUGS ACT.
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.
- §16-9A-10 The sale of cigarettes in a container other than its original factory-wrapped packaging prohibited; sale of individual cigarettes prohibited; and warnings required.
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.
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 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
- §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
- §16-13A-23 Validation of acts and proceedings of public service
- §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 instrumentality; rules; small systems; disadvantaged communities.
- §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-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-4 Petition for creation or expansion of community enhancement district; petition requirements.
- §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-9 Exemption of public property from assessments.
- §16-13E-10 Assessment bonds; sinking fund for assessment bonds; tax exemption.
- §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 Repealed
- §16-14-2 Repealed
- §16-14-3 Repealed
- §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 of need for housing authority; resolution of governing body proof of establishment; appointment, term, expenses and removal of commissioners.
- §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
- §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 development.
- §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.
- §16-15-24 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.
- §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.
- §16-18-6a Municipal non-blighted property in slum or blight areas.
- §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 Short title.
- §16-19-2 Applicability.
- §16-19-3 Definitions.
- §16-19-3a Recovery of corneas; conditions; liability of medical examiner.
- §16-19-4 Who may make anatomical gift before donor's death.
- §16-19-4a Request for consent to an anatomical gift.
- §16-19-5 Manner of making anatomical gift before donor's death.
- §16-19-6 Amending or revoking anatomical gift before donor's death.
- §16-19-7 Refusal to make anatomical gift; effect of refusal.
- §16-19-7a Prohibition of sales and purchases of human organs.
- §16-19-8 Preclusive effect of anatomical gift, amendment, or revocation.
- §16-19-9 Who may make anatomical gift of decedent's body or part.
- §16-19-10 Manner of making, amending, or revoking anatomical gift of decedent's body or part.
- §16-19-11 Persons who may receive anatomical gift; purpose of anatomical gift.
- §16-19-12 Search and notification.
- §16-19-13 Delivery of document of gift not required; right to examine.
- §16-19-14 Rights and duties of procurement organization and others.
- §16-19-15 Coordination of procurement and use.
- §16-19-16 Prohibited acts; sale or purchase of parts prohibited.
- §16-19-17 Immunity.
- §16-19-18 Law governing validity; choice of law as to execution of document of gift; presumption of validity.
- §16-19-19 Donor registry.
- §16-19-20 Effect of anatomical gift on advance health-care directive.
- §16-19-21 Cooperation between medical examiner and procurement organization.
- §16-19-22 Facilitation of anatomical gift from decedent whose body is under jurisdiction of medical examiner.
- §16-19-23 Relation to Electronic Signatures in Global and National Commerce Act.
ARTICLE 20. AIR POLLUTION CONTROL.
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 diseases specified by the State Public Health Commissioner; reports; assistance to afflicted children; Public Health Commissioner to propose 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.
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.
- §16-25-1 Legislative findings.
- §16-25-2 Program for early detection of tuberculosis; mobile X- ray facilities used in select areas of the state.
- §16-25-3 Reporting cases of tuberculosis; penalty for noncompliance.
- §16-25-4 Program for detection of high blood pressure and diabetes; mobile testing facilities.
ARTICLE 26. WEST VIRGINIA SOLID WASTE MANAGEMENT BOARD.
ARTICLE 27. STORAGE AND DISPOSAL OF RADIOACTIVE WASTE MATERIALS.
- §16-27-1 Definitions.
- §16-27-2 Storage or disposal of radioactive waste material within the state prohibited; exceptions.
- §16-27-3 Authority of director of health.
- §16-27-4 Penalties.
ARTICLE 27A. BAN ON CONSTRUCTION OF NUCLEAR POWER PLANTS.
- §16-27A-1 Legislative findings and purposes.
- §16-27A-2 Limited ban on construction of nuclear power plants; application to the public service commission for construction or initiation.
ARTICLE 28. ASSISTANCE TO KOREAN AND VIETNAM VETERANS EXPOSED TO CERTAIN CHEMICAL DEFOLIANTS OR HERBICIDES OR OTHER CAUSATIVE AGENTS, INCLUDING AGENT ORANGE.
- §16-28-1 Definitions.
- §16-28-2 Reports to the department of health.
- §16-28-3 Reports by the department; studies on veterans; consent required.
- §16-28-4 Confidentiality.
- §16-28-5 Immunity from liability.
- §16-28-6 Class action representation by attorney general.
- §16-28-7 Assistance programs.
- §16-28-8 Application.
- §16-28-9 Termination of programs and duties.
- §16-28-10 Limitation of actions and suits.
ARTICLE 29. HEALTH CARE RECORDS.
- §16-29-1 Copies of health care records to be furnished to patients.
- §16-29-2 Reasonable expenses to be reimbursed.
ARTICLE 29A. WEST VIRGINIA HOSPITAL FINANCE AUTHORITY ACT.
- §16-29A-1 Short title.
- §16-29A-2 Declaration of policy and responsibility; purpose and intent of article; findings.
- §16-29A-3 Definitions.
- §16-29A-4 Creation of authority and board; status and members of board.
- §16-29A-5 Powers of authority.
- §16-29A-6 Hospital loans.
- §16-29A-7 Bonds and notes.
- §16-29A-8 Trustee for bondholders; contents of trust agreement.
- §16-29A-9 Use of funds by authority; restrictions thereon.
- §16-29A-10 Security for bonds and notes.
- §16-29A-11 Enforcement of payment and validity of bonds and notes.
- §16-29A-12 Pledges; time; liens; recordation.
- §16-29A-13 Refunding bonds.
- §16-29A-14 Purchase and cancellation of notes or bonds.
- §16-29A-15 Vested rights; impairment.
- §16-29A-16 Bonds and notes not debt of state, county, municipality or any political subdivision; expenses incurred pursuant to article.
- §16-29A-17 Negotiability of bonds and notes.
- §16-29A-18 Bonds and notes legal investments.
- §16-29A-19 Exemption from taxation.
- §16-29A-20 Certificate of need.
- §16-29A-21 Nondiscrimination; hospital facilities.
- §16-29A-22 Personal liability; persons executing bonds or notes.
- §16-29A-23 Financial interest in contracts prohibited; penalty.
- §16-29A-24 Meetings and records of authority to be kept public.
- §16-29A-25 Cumulative authority as to powers conferred; applicability of other statutes and charters.
- §16-29A-26 Liberal construction.
ARTICLE 29B. HEALTH CARE AUTHORITY.
- §16-29B-1 Legislative findings; purpose.
- §16-29B-2 Short title.
- §16-29B-3 Definitions.
- §16-29B-4 Repealed
- §16-29B-5 West Virginia health care authority; composition of the board; qualifications; terms; oath; expenses of members; vacancies; appointment of chairman, and meetings of the board.
- §16-29B-6 Information gathering and coordination; data advisory group.
- §16-29B-7 Staff.
- §16-29B-8 Powers generally; budget expenses of the board.
- §16-29B-9 Annual report.
- §16-29B-10 Jurisdiction of the board.
- §16-29B-11 Related programs.
- §16-29B-12 Hearings; administrative procedures act applicable; hearings examiner; subpoenas.
- §16-29B-13 Review of final orders of board.
- §16-29B-14 Injunction; mandamus.
- §16-29B-15 Refusal to comply.
- §16-29B-16 Repealed
- §16-29B-17 Uniform system of financial reporting.
- §16-29B-18 Annual reporting.
- §16-29B-19 Rate-setting powers generally.
- §16-29B-19a Additional legislative directives; studies, findings and recommendations.
- §16-29B-20 Rate determination.
- §16-29B-21 Procedure for obtaining initial rate schedule; adjustments and revisions of rate schedules.
- §16-29B-21a Coordination and filing with consumer advocate.
- §16-29B-22 Incentives.
- §16-29B-23 Utilization review and quality assurance; quality assurance advisory group.
- §16-29B-24 Powers with respect to insurance policies and health organizations.
- §16-29B-25 Public disclosure.
- §16-29B-26 Exemptions from state antitrust laws.
- §16-29B-27 Penalties for violations.
- §16-29B-28 Continuation of the Health Care Authority.
ARTICLE 29D. STATE HEALTH CARE.
- §16-29D-1 Legislative findings; legislative purpose.
- §16-29D-2 Definitions.
- §16-29D-3 Agencies to cooperate and to provide plan; contents of plan; reports to Legislature; late payments by state agencies and interest thereon.
- §16-29D-4 Prohibition on balance billing; exceptions.
- §16-29D-5 Coordination of benefits.
- §16-29D-6 Exemption from and application of antitrust laws.
- §16-29D-7 Rules.
- §16-29D-8 Civil penalties; removal as provider.
- §16-29D-9 Severability; supersedes other provisions.
ARTICLE 29E. LEGISLATIVE OVERSIGHT COMMISSION ON HEALTH AND HUMAN RESOURCES ACCOUNTABILITY.
- §16-29E-1 Findings and purpose.
- §16-29E-2 Legislative intent.
- §16-29E-3 Definitions.
- §16-29E-4 Creation of a legislative oversight commission on health and human resources accountability.
- §16-29E-5 Powers and duties of commission.
- §16-29E-6 Examination and subpoena powers; contempt proceedings.
- §16-29E-7 Legislative reports.
ARTICLE 29F. UNINSURED AND UNDERINSURED PILOT PROGRAMS.
ARTICLE 29G. WEST VIRGINIA HEALTH INFORMATION NETWORK.
- §16-29G-1 Purpose.
- §16-29G-2 Creation of West Virginia Health Information Network board of directors; powers of the board of directors.
- §16-29G-3 Powers and duties.
- §16-29G-4 Creation of the West Virginia Health Information Network account; authorization of Health Care Authority to expend funds to support the network.
- §16-29G-5 Immunity from suit; limitation of liability.
- §16-29G-6 Property rights.
- §16-29G-7 Legislative rule-making authority; resolution of disputes.
- §16-29G-8 Privacy; protection of information.
ARTICLE 29H. INTERAGENCY HEALTH COUNCIL.
- §16-29H-1 Legislative findings.
- §16-29H-2 Creation of the Governor's Office of Health Enhancement and Lifestyle Planning; duties.
- §16-29H-3 Director of the Governor's Office of Health Enhancement and Lifestyle Planning appointment; qualifications; oath; salary.
- §16-29H-4 Director of the Governor's Office of Health Enhancement and Lifestyle Planning; powers and duties, hiring of staff.
- §16-29H-5 Creation of the Health Enhancement and Lifestyle Planning Advisory Council.
- §16-29H-6 Development of a strategic plan.
- §16-29H-7 Coordination with higher education.
- §16-29H-8 Continuing efforts to reduce prescription drug prices.
- §16-29H-9 Patient-centered medical homes.
- §16-29H-10 Exemption from Purchasing Division requirements.
ARTICLE 29I. WEST VIRGINIA HEALTH CARE AUTHORITY REVOLVING LOAN AND GRANT FUND.
- §16-29I-1 Legislative findings; purpose.
- §16-29I-2 Short title.
- §16-29I-3 Definitions.
- §16-29I-4 Revolving fund created.
- §16-29I-5 Use of revolving loan funds by loan hospital restructuring plans.
- §16-29I-6 Review of hospital restructuring plans.
- §16-29I-7 Temporary exemption for approval process.
- §16-29I-8 Review of final decisions of board.
- §16-29I-9 Rule-making authority.
- §16-29I-10 Annual report.
ARTICLE 30. WEST VIRGINIA HEALTH CARE DECISIONS ACT.
- §16-30-1 Short title.
- §16-30-2 Legislative findings and purpose.
- §16-30-3 Definitions.
- §16-30-4 Executing a living will or medical power of attorney or combined medical power of attorney and living will.
- §16-30-5 Applicability and resolving actual conflict between advance directives.
- §16-30-6 Private decision-making process; authority of living will, medical power of attorney representative and surrogate.
- §16-30-7 Determination of incapacity.
- §16-30-8 Selection of a surrogate.
- §16-30-9 Medical power of attorney representative and health care surrogate decision-making standards.
- §16-30-10 Reliance on authority of living will, physician orders for scope of treatment form, medical power of attorney representative or surrogate decisionmaker and protection of health care providers.
- §16-30-11 Negligence.
- §16-30-12 Conscience objections.
- §16-30-13 Interinstitutional transfers.
- §16-30-14 Insurance.
- §16-30-15 Withholding of life support not assisted suicide or murder.
- §16-30-16 Preservation of existing rights and relation to existing law; no presumption.
- §16-30-17 No abrogation of common law doctrine of medical necessity.
- §16-30-18 Revocation.
- §16-30-19 Physician's duty to confirm, communicate and document terminal condition or persistent vegetative state; medical record identification.
- §16-30-20 Living wills previously executed.
- §16-30-21 Reciprocity.
- §16-30-22 Liability for failure to act in accordance with the directives of a living will or medical power of attorney or the directions of a medical power of attorney representative or health care surrogate.
- §16-30-23 Prohibition.
- §16-30-24 Need for a second opinion regarding incapacity for persons with psychiatric mental illness, mental retardation or addiction.
- §16-30-25 Physician orders for scope of treatment form.
ARTICLE 30A. MEDICAL POWER OF ATTORNEY.
ARTICLE 30B. HEALTH CARE SURROGATE ACT.
ARTICLE 30C. DO NOT RESUSCITATE ACT.
- §16-30C-1 Short title.
- §16-30C-2 Legislative findings and purposes.
- §16-30C-3 Definitions.
- §16-30C-4 Applicability.
- §16-30C-5 Presumed consent to cardiopulmonary resuscitation; health care facilities not required to expand to provide cardiopulmonary resuscitation.
- §16-30C-6 Issuance of a do-not-resuscitate order; order to be written by a physician.
- §16-30C-7 Compliance with a do-not-resuscitate order.
- §16-30C-8 Revocation of do not resuscitate order.
- §16-30C-9 Protection of persons carrying out in good faith do not resuscitate order; notification of representative or surrogate decision-maker by physician refusing to comply with do not resuscitate order.
- §16-30C-10 Insurance.
- §16-30C-11 Interinstitutional transfers.
- §16-30C-12 Preservation of existing rights.
- §16-30C-13 Do-not-resuscitate order form; do-not-resuscitate identification; public education.
- §16-30C-14 Not suicide or murder.
- §16-30C-15 Full faith and credit.
- §16-30C-16 Severability.
ARTICLE 31. COMMUNITY RIGHT TO KNOW.
ARTICLE 32. ASBESTOS ABATEMENT.
- §16-32-1 Legislative findings.
- §16-32-2 Definitions.
- §16-32-3 Powers and duties of the director of health.
- §16-32-4 Asbestos management planner's license required.
- §16-32-5 Asbestos abatement project designer's license required.
- §16-32-6 Asbestos contractor's license required.
- §16-32-7 Asbestos abatement supervisor's license required.
- §16-32-8 Asbestos inspector's license required.
- §16-32-9 Asbestos worker's license required.
- §16-32-9a Asbestos analytical laboratory license required.
- §16-32-9b Asbestos clearance air monitor license required.
- §16-32-9c Resilient floor covering worker license required.
- §16-32-10 Special revenue account.
- §16-32-11 Notification; waivers; exemptions.
- §16-32-12 Approval of asbestos abatement courses.
- §16-32-13 Reciprocity.
- §16-32-14 Prohibiting employer discrimination; notice to employees.
- §16-32-15 Reprimands; suspension or revocation of license; violations; orders; hearings.
- §16-32-16 Penalties.
ARTICLE 33. BREAST AND CERVICAL CANCER PREVENTION AND CONTROL ACT.
- §16-33-1 Short title.
- §16-33-2 Definitions.
- §16-33-3 Establishment of breast and cervical cancer detection and education program.
- §16-33-4 Grants to approved organizations.
- §16-33-5 Breast and cervical cancer detection and education program coalition.
- §16-33-6 Annual report.
- §16-33-7 Establishment of breast and cervical cancer diagnostic and treatment fund.
- §16-33-8 Responsibilities of advisory committee; establishment of covered services, limitation of services and procedures; authorization for payment; promulgation of rules; annual reports.
- §16-33-9 Financial eligibility.
- §16-33-10 Medical eligibility.
- §16-33-11 Application forms and process.
- §16-33-12 Reimbursement process.
ARTICLE 34. LICENSURE OF RADON MITIGATORS, TESTERS, CONTRACTORS AND LABORATORIES.
- §16-34-1 Legislative finding.
- §16-34-2 Definitions.
- §16-34-3 License required and exemptions.
- §16-34-4 Special licensure requirements.
- §16-34-5 Powers and duties of the director of the division of health.
- §16-34-6 Rules.
- §16-34-7 Complaints.
- §16-34-8 Licensed tester, mitigator and contractor list.
- §16-34-9 Record keeping and confidentiality.
- §16-34-10 Special revenue account.
- §16-34-11 Reciprocity.
- §16-34-12 Records review.
- §16-34-13 Reprimands; suspension or revocation of license; orders; hearings.
- §16-34-14 Penalties.
- §16-35-1 Short title.
- §16-35-2 Legislative findings.
- §16-35-3 Definitions.
- §16-35-4 Powers and duties of the director.
- §16-35-4a Duty of director to establish program for early identification of lead poisoning in children.
- §16-35-5 Lead discipline license required.
- §16-35-6 Lead abatement contractor's duties.
- §16-35-7 Exemptions from notification and licensure.
- §16-35-8 Notification of elevated blood-lead levels required.
- §16-35-9 Notification of lead abatement projects required.
- §16-35-10 Accreditation of lead abatement training courses.
- §16-35-11 Suspension or revocation of license; violations; hearings.
- §16-35-12 Special revenue account.
- §16-35-13 Penalties and fines.
ARTICLE 36. NEEDLESTICK INJURY PREVENTION.
- §16-36-1 Definitions.
- §16-36-2 Needlestick injury prevention rules.
- §16-36-3 Needlestick injury prevention advisory committee.
- §16-36-4 Exception.
ARTICLE 37. BODY PIERCING STUDIO BUSINESS.
- §16-37-1 Short title.
- §16-37-2 Definitions.
- §16-37-3 Registration requirements; inspections by local boards of health; posting of permit; power of local board of health to order studio to close.
- §16-37-4 Rules to be proposed by the department of health and human resources.
- §16-37-5 Violations and penalties.
ARTICLE 38. TATTOO STUDIO BUSINESS.
- §16-38-1 Definitions.
- §16-38-2 Studio sanitation.
- §16-38-3 Operation standards.
- §16-38-4 Facilities and equipment.
- §16-38-5 Disposal of waste.
- §16-38-6 Registration requirements; inspections by local or regional boards of health; permit fees.
- §16-38-7 Violations and penalties.
ARTICLE 39. PATIENT SAFETY ACT.
- §16-39-1 Short title.
- §16-39-2 Legislative findings and purpose.
- §16-39-3 Definitions.
- §16-39-4 Prohibition against discrimination or retaliation.
- §16-39-5 Confidentiality of complaints to government agencies.
- §16-39-6 Enforcement.
- §16-39-7 Notice.
ARTICLE 40. STATEWIDE BIRTH DEFECTS INFORMATION SYSTEM.
- §16-40-1 Definitions.
- §16-40-2 Expansion and implementation of statewide birth defects information system.
- §16-40-3 Purposes of system.
- §16-40-4 Confidentiality of information.
- §16-40-5 Parent or legal guardian may require removal of information concerning child from system.
- §16-40-6 Advisory council.
- §16-40-7 Rules.
- §16-40-8 Reports by commissioner.
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