WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
ENROLLED
Committee Substitute for House Bill 4110
BY DELEGATE SMITH
[Passed March 9, 2024; in effect from passage.]
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1 AN ACT to amend and reenact §64-9-1 et seq. of the Code of West Virginia, 1931, as amended,
2 relating generally to authorizing certain miscellaneous agencies and boards to promulgate
3 legislative rules; authorizing the rules as filed. as modified and as disapproved by the
4 Legislative Rule-Making Review Committee, and as amended by the Legislature; directing
5 certain miscellaneous agencies and boards to amend current legislative rules; authorizing
6 the West Virginia Board of Accountancy to promulgate a legislative rule relating to board
7 rules and rules of professional conduct; authorizing the West Virginia Board of
8 Acupuncture to promulgate a legislative rule relating to applications for licensure to
9 practice acupuncture; authorizing the West Virginia Department of Agriculture to
10 promulgate a legislative rule relating to frozen desserts and imitation frozen desserts;
11 authorizing the West Virginia Department of Agriculture to promulgate a legislative rule
12 relating to certified pesticide applicators; authorizing the West Virginia Department of
13 Agriculture to promulgate a legislative rule relating to licensing pesticide businesses;
14 authorizing the West Virginia Department of Agriculture to promulgate a legislative rule
15 relating to West Virginia molluscan shellfish; not authorizing the West Virginia Department
16 of Agriculture to promulgate a legislative rule relating to select plant-based derivative
17 products; authorizing the West Virginia Department of Agriculture to promulgate a
18 legislative rule relating to agritourism; authorizing the West Virginia Board of Barbers and
19 Cosmetologists to promulgate a legislative rule relating to procedures, criteria, and
20 curricula for examination and licensure of barbers, cosmetologists, nail technicians,
21 aestheticians, and hair stylists; authorizing the West Virginia Board of Barbers and
22 Cosmetologists to promulgate a legislative rule relating to the application for waiver of
23 initial licensing fees for certain individuals; authorizing the West Virginia Board of Barbers
24 and Cosmetologists to promulgate a legislative rule relating to cosmetology
25 apprenticeships; authorizing the West Virginia Board of Examiners in Counseling to
26 promulgate a legislative rule relating to licensing; authorizing the West Virginia Board of
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27 Examiners in Counseling to promulgate a legislative rule relating to marriage and family
28 therapist licensing; authorizing the West Virginia Board of Dentistry to promulgate a
29 legislative rule relating to practitioner requirements for accessing the West Virginia
30 Controlled Substances Monitoring Program database; authorizing the West Virginia Board
31 of Licensed Dietitians to promulgate a legislative rule relating to licensure and renewal
32 requirements; authorizing the West Virginia Board of Licensed Dietitians to promulgate a
33 legislative rule relating to continuing professional education requirements; authorizing the
34 West Virginia Board of Licensed Dietitians to promulgate a legislative rule relating to
35 telehealth practice, requirements, and definitions; relating to authorizing the West Virginia
36 Department of Economic Development to promulgate a legislative rule relating to the
37 operation of motorsports complexes and events; authorizing the State Election
38 Commission to promulgate a legislative rule relating to corporate and membership
39 organization political activity; authorizing the State Election Commission to promulgate a
40 legislative rule relating to regulation of campaign finance; authorizing the State Election
41 Commission to promulgate a legislative rule relating to the application and approval
42 process for Secretary of State expenditures from the County Assistance Voting Equipment
43 Fund; directing the Board of Funeral Home Service Examiners to amend a legislative rule
44 relating to funeral director, embalmer, apprentice, courtesy card holders, and funeral
45 establishment requirements; authorizing the West Virginia Massage Therapy Licensure
46 Board to promulgate a legislative rule relating to general provisions; authorizing the West
47 Virginia Massage Therapy Licensure Board to promulgate a legislative rule relating to a
48 schedule of fees; authorizing the West Virginia Massage Therapy Licensure Board to
49 promulgate a legislative rule relating to establishment licensure; authorizing the West
50 Virginia Medical Imaging and Radiation Therapy Technology Board of Examiners to
51 promulgate a legislative rule relating to medical imaging technologists; authorizing the
52 West Virginia Board of Medicine to promulgate a legislative rule relating to licensure,
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53 practice requirements, disciplinary and complaint procedures, continuing education, and
54 physician assistants; authorizing the West Virginia Board of Medicine to promulgate a
55 legislative rule relating to continuing education for physicians and podiatric physicians;
56 authorizing the West Virginia Board of Medicine to promulgate a legislative rule relating to
57 permitting and disciplinary procedures: educational permits for graduate medical interns,
58 residents and fellows; authorizing the West Virginia Nursing Home Administrators
59 Licensing Board to promulgate a legislative rule relating to nursing home administrators;
60 authorizing the Board to promulgate a legislative rule relating to the West Virginia Board
61 of Optometry; authorizing the West Virginia Board of Optometry to promulgate a legislative
62 rule relating to continuing education; authorizing the West Virginia Board of Optometry to
63 promulgate a legislative rule relating to injectable pharmaceutical agents certificates;
64 authorizing the West Virginia Board of Optometry to promulgate a legislative rule relating
65 to eyelid procedures; authorizing the West Virginia Board of Osteopathic Medicine to
66 promulgate a legislative rule relating to licensing procedures for osteopathic physicians;
67 to authorizing the West Virginia Board of Osteopathic Medicine to promulgate a legislative
68 rule relating to osteopathic physician assistants; authorizing the West Virginia Board of
69 Pharmacy to promulgate a legislative rule relating to licensure and practice of pharmacy;
70 authorizing the West Virginia Board of Pharmacy to promulgate a legislative rule relating
71 to continuing education for licensure for pharmacists; authorizing the West Virginia Board
72 of Pharmacy to promulgate a legislative rule relating to registration of pharmacy
73 technicians; authorizing the West Virginia Board of Pharmacy to promulgate a legislative
74 rule relating to immunizations administered by pharmacists, pharmacy interns, and
75 pharmacy technicians; authorizing the West Virginia Board of Pharmacy to promulgate a
76 legislative rule relating to centralized prescription processing; authorizing the West Virginia
77 Board of Pharmacy to promulgate a legislative rule relating to pharmacy permits;
78 authorizing the West Virginia Board of Pharmacy to promulgate a legislative rule relating
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79 to substitution of biological pharmaceuticals; authorizing the Board of Professional
80 Surveyors to promulgate a legislative rule relating to the examination and licensing of
81 professional surveyors in West Virginia; authorizing the Board of Examiners of
82 Psychologists to promulgate a legislative rule relating to disciplinary and complaint
83 procedures for psychologists; authorizing the Board of Examiners of Psychologists to
84 promulgate a legislative rule relating to contested case hearing procedure; authorizing the
85 West Virginia Real Estate Commission to promulgate a legislative rule relating to licensing
86 real estate brokers, associate brokers, and salespersons and the conduct of brokerage
87 businesses; authorizing the West Virginia Real Estate Commission to promulgate a
88 legislative rule relating to a schedule of fees; authorizing the West Virginia Real Estate
89 Commission to promulgate a legislative rule relating to requirements for real estate
90 courses, course providers, and instructors; authorizing the West Virginia Board of
91 Registered Nurses to promulgate a legislative rule relating to policies, standards and
92 criteria for the evaluation, approval and national nursing accreditation of prelicensure
93 nursing education programs; authorizing the West Virginia Board of Registered Nurses to
94 promulgate a legislative rule relating to requirements for registration and licensure and
95 conduct constituting professional misconduct; authorizing the West Virginia Board of
96 Registered Nurses to promulgate a legislative rule relating to advanced practice registered
97 nurse licensure requirements; authorizing the West Virginia Board of Registered Nurses
98 to promulgate a legislative rule relating to fees for services rendered by the board;
99 authorizing the West Virginia Board of Respiratory Care to promulgate a legislative rule
100 relating to student temporary permits; authorizing the Secretary of State to promulgate a
101 legislative rule relating to guidelines for the use of nicknames and other designations on
102 the ballot; authorizing the Secretary of State to promulgate a legislative rule relating to
103 Combined Voter Registration and Driver Licensing Fund; authorizing the Secretary of
104 State to promulgate a legislative rule relating to minimum standards for election
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105 administration, infrastructure, and security; authorizing the West Virginia State Treasurer
106 to promulgate a legislative rule relating to enforcement of the Uniform Unclaimed Property
107 Act; and authorizing the West Virginia State Treasurer to promulgate a legislative rule
108 relating to the Jumpstart Savings Program.
Be it enacted by the Legislature of West Virginia:
ARTICLE 9. AUTHORIZATION FOR MISCELLANEOUS BOARDS AND AGENCIES
TO PROMULGATE LEGISLATIVE RULES.
§64-9-1. West Virginia Board of Accountancy.
1 The legislative rule filed in the State Register on July 24, 2023, authorized under the
2 authority of §30-9-5 of this code, relating to the West Virginia Board of Accountancy (board rules
3 and rules of professional conduct, 1 CSR 01), is authorized.
§64-9-2. West Virginia Board of Acupuncture.
1 The legislative rule filed in the State Register on July 28, 2023, authorized under the
2 authority of §30-36-7 of this code, modified by the West Virginia Board of Acupuncture to meet
3 the objections of the Legislative Rule-Making Review Committee and refiled in the State Register
4 on September 22, 2023, relating to the West Virginia Board of Acupuncture (applications for
5 licensure to practice acupuncture, 32 CSR 03), is authorized.
§64-9-3. West Virginia Department of Agriculture.
1 (a) The legislative rule filed in the State Register on July 28, 2023, authorized under the
2 authority of §19-11B-10 of this code, modified by the West Virginia Department of Agriculture to
3 meet the objections of the Legislative Rule-Making Review Committee and refiled in the State
4 Register on November 16, 2023, relating to the West Virginia Department of Agriculture (frozen
5 desserts and imitation frozen desserts, 61 CSR 04B), is authorized.
6 (b) The legislative rule filed in the State Register on July 28, 2023, authorized under the
7 authority of §19-16A-4 of this code, modified by the West Virginia Department of Agriculture to
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8 meet the objections of the Legislative Rule-Making Review Committee and refiled in the State
9 Register on November 3, 2023, relating to the West Virginia Department of Agriculture (certified
10 pesticide applicator rules, 61 CSR 12A), is authorized.
11 (c) The legislative rule filed in the State Register on July 28, 2023, authorized under the
12 authority of §19-16A-4 of this code, modified by the West Virginia Department of Agriculture to
13 meet the objections of the Legislative Rule-Making Review Committee and refiled in the State
14 Register on September 26, 2023, relating to the West Virginia Department of Agriculture (licensing
15 to pesticide businesses, 61 CSR 12B), is authorized.
16 (d) The legislative rule filed in the State Register on July 28, 2023, authorized under the
17 authority of §19-29-1 of this code, modified by the West Virginia Department of Agriculture to meet
18 the objections of the Legislative Rule-Making Review Committee and refiled in the State Register
19 on September 26, 2023, relating to the West Virginia Department of Agriculture (West Virginia
20 molluscan shellfish, 61 CSR 23B), is authorized.
21 (e) The legislative rule filed in the State Register on July 28, 2023, authorized under the
22 authority of §19-12E-7 of this code, relating to the West Virginia Department of Agriculture (select
23 plant-based derivative products, 61 CSR 30), is not authorized.
24 (f) The legislative rule filed in the State Register on December 15, 2022, authorized under
25 the authority of §19-36-1 of this code, relating to the West Virginia Department of Agriculture
26 (agritourism, 61 CSR 37), is authorized.
§64-9-4. West Virginia Board of Barbers and Cosmetologists.
1 (a) The legislative rule filed in the State Register on June 14, 2023, authorized under the
2 authority of §30-27-5 of this code, modified by the West Virginia Board of Barbers and
3 Cosmetologists to meet the objections of the Legislative Rule-Making Review Committee and
4 refiled in the State Register on August 11, 2023, relating to the West Virginia Board of Barbers
5 and Cosmetologists (procedures, criteria, and curricula for examination and licensure of barbers,
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6 cosmetologists, nail technicians, aestheticians, and hair stylists, 3 CSR 01), is authorized with the
7 following amendments:
8 On page 3, by striking out the entirety of subsection 11.1. and inserting in lieu thereof a
9 new subsection 11.1. to read as follows:
10 “11.1. The Board shall issue a professional license to practice to an applicant who holds
11 a comparable valid license or other authorization to practice in that particular field from another
12 state, if the applicant demonstrates that he or she:
13 11.1.a. Holds a valid license or other authorization to practice in another state which was
14 granted after completion of educational requirements required in another state;
15 11.1.b. Does not have charges pending against his or her valid license or other
16 authorization to practice and has never had a valid license or other authorization to practice
17 revoked;
18 11.1.c. Has paid the applicable fee;
19 11.1.d. Is at least 18 years of age;
20 11.1.e. Has a high school diploma, a GED, or has passed the "ability to benefit test"
21 approved by the United States Department of Education;
22 11.1.f. Is a citizen of the United States or is eligible for employment in the United States;
23 and
24 11.1.g. Has presented a certificate of health issued by a licensed physician.
25 11.2 The Board shall recognize reciprocity for military barbers with a DD214.”
26 (b) The legislative rule filed in the State Register on June 14, 2023, authorized under the
27 authority of §30-1-23 of this code, modified by the West Virginia Board of Barbers and
28 Cosmetologists to meet the objections of the Legislative Rule-Making Review Committee and
29 refiled in the State Register on August 24, 2023, relating to the West Virginia Board of Barbers
30 and Cosmetologists (application for waiver of initial licensing fees for certain individuals, 3 CSR
31 15), is authorized.
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32 (c) The legislative rule filed in the State Register on June 14, 2023, authorized under the
33 authority of §30-27-8a of this code, modified by the West Virginia Board of Barbers and
34 Cosmetologists to meet the objections of the Legislative Rule-Making Review Committee and
35 refiled in the State Register on August 21, 2023, relating to the West Virginia Board of Barbers
36 and Cosmetologists (cosmetology apprenticeship, 3 CSR 16), is authorized.
§64-9-5. West Virginia Board of Examiners in Counseling.
1 (a) The legislative rule filed in the State Register on October 6, 2023, authorized under
2 the authority of §30-31-6 of this code, modified by the West Virginia Board of Examiners in
3 Counseling to meet the objections of the Legislative Rule-Making Review Committee and refiled
4 in the State Register on November 15, 2023, relating to the West Virginia Board of Examiners in
5 Counseling (licensing rule, 27 CSR 01), is authorized.
6 (b) The legislative rule filed in the State Register on October 6, 2023, authorized under
7 the authority of §30-31-6 of this code, modified by the West Virginia Board of Examiners in
8 Counse