Bill Summary – FastDemocracy

WEST VIRGINIA LEGISLATURE
REGULAR SESSION
         Committee Substitute for House Bill 4978
         By Delegates Summers and Tully [Originating in the Committee on Health and Human Resources; Reported on February 13, 2024]
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  A BILL to repeal §5-14-1, §5-14-2, §5-14-3, §5-14-4, §5-14-5, §5-14-6, §5-14-7, §5-14-8, §5-14-9,
         §5-14-10 and §5-14-11 of the Code of West Virginia, 1931, as amended; to amend and
         reenact §15-5A-4 of said code; to amend and reenact §16-1-5, §16-1-6, §16-1-7, §16-1-8,
         §16-1-9, §16-1-9a, §16-1-9c, §16-1-15, and §16-1-17 of said code; to amend and reenact
         §16-2-2, §16-2-5, §16-2-11, §16-2-12, and §16-2-13 of said code; to amend and reenact
         §16-2B-3 of said code; to amend and reenact §16-3-1, §16-3-2, §16-3-4 §16-3-4, §16-3-5,
         §16-3-6 and §16-3-12 of said code; to amend and reenact §16-3C-2 and §16-3C-8 of said
         code; to amend and reenact §16-3D-2, §16-3D-3, §16-3D-4, §16-3D-7, and §16-3D-9 of
         said code; to amend and reenact §16-4-21 of said code; to amend and reenact §16-4A-1 of
        said code; to amend and reenact §16-4C-2, §16-4C-3, §16-4C-4, §16-4C-5, §16-4C-6,
        §16-4C-6a, §16-4C-6b, §16-4C-8, §16-4C-8a, §16-4C-9, §16-4C-10, §16-4C-12, §16-4C-
        13, §16-4C-14, §16-4C-15, §16-4C-16, §16-4C-20, §16-4C-21, §16-4C-23, and §16-4C-
        24 of said code; to amend and reenact §16-4E-2 of said code; to amend and reenact §16-
        5-5, §16-5-11, and §16-5-22 of said code; to amend and reenact §16-5M-3 of said code; to
        amend and reenact §16-5U-3 of said code; to amend and reenact §16-9-2 and §16-9-3 of
        said code; to amend and reenact §16-9G-1 of said code; to amend said code by adding
        thereto a new article designated §16-14-1, §16-14-2, §16-14-3, §16-14-4, §16-14-5, §16-
        14-6, §16-14-7, §16-14-8, §16-14-9, §16-14-10 and §16-14-11; to amend and reenact §16-
        22-2 and §16-22-3 of said code; to amend and reenact §16-32-11 of said code; to amend
        and reenact §16-38-5 of said code; to amend and reenact §16-40-2, §16-40-4, §16-40-5,
        §16-40-6, §16-40-7, and §16-40-8 of said code; to amend and reenact §16-41-3 of said
        code; to amend and reenact §16-44-2 of said code; to amend and reenact §16-56-4 of said
        code; to amend and reenact §16A-11-1 and §16A-11-2 of said code; to amend and reenact
        §22B-2-1 of said code; to amend and reenact §22C-1-4 of said code; to amend and
        reenact §30-3-4 of said code; to amend and reenact §61-12-3 of said code; and to amend
        and reenact §61-12A-1 of said code, all relating to updating the authority of appointed
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        officials; updating the powers of the Secretary of the Department of Health, updating the
        powers the Commissioner of the Bureau for Public Health, updating the powers the state
        health officer; and organizing agencies under the appropriate entity; and removing
        antiquated provisions.
     Be it enacted by the Legislature of West Virginia:
            CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE
        GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL;
            BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES,
                      COMMISSIONS, OFFICES, PROGRAMS, ETC.
     ARTICLE 14. WEST VIRGINIA COMMISSION FOR THE DEAF AND HARD-OF-
            HEARING.
     §5-14-1. Legislative findings.
         [Repealed.]
     §5-14-2. Definitions.
         [Repealed.]
     §5-14-3.             Continuation of             commission;              membership.
         [Repealed.]
     §5-14-4. Terms of office; quorum.
         [Repealed.]
     §5-14-5. Powers and duties of the commission; information clearinghouse; coordination of
     interpreters;     outreach programs;            seminars and training sessions.
         [Repealed.]
     §5-14-6. Seminars and training sessions.
         [Repealed.]
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     §5-14-7. Assistance of other agencies.
         [Repealed.]
     §5-14-8. Executive director; staff.
         [Repealed.]
     §5-14-9. Reports and recommendations.
         [Repealed.]
     §5-14-10. Grants and gifts; contracts.
         [Repealed.]
     §5-14-11. Reimbursement for expenses.
         [Repealed.]
                                CHAPTER 15. PUBLIC SAFETY.
     ARTICLE 5A. WEST VIRGINIA EMERGENCY RESPONSE AND COMMUNITY RIGHT-
            TO-KNOW ACT.
     §15-5A-4. State emergency response commission created continued; composition and organization,     qualifications,     terms,    removal,     compensation,        meetings.
         (a) There is hereby created continued the state emergency response commission.
         (b) The state emergency response commission shall consist of 11 members, including the
  director of the division of environmental protection, the commissioner of the division of public
  health state health officer, the chief of the office of air quality of the division of environmental
  protection, the director of the office of emergency services, the superintendent of the division of
  public safety, the commissioner of the division of highways; one designee of the public service
  commission and one designee of the state fire marshal, all of whom are members ex officio. A
  representative from the chemical industry, a representative of a municipal or volunteer fire
  department and a representative of the public who is knowledgeable in the area of emergency
 response shall be appointed by the governor as public members of the state emergency response
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 commission. The director of the office of emergency services serves as the chair of the
 commission and may cast a vote only in the event of a tie vote. Members serve without
 compensation, but shall be reimbursed for all reasonable and necessary expenses actually
 incurred in the performance of their duties under this article. The initial public members appointed
 by the governor shall serve for a term ending on the first day of July, 1991. A successor to a public
 member of the commission shall be appointed in the same manner as the original public members
 and has a term of office expiring two years from the date of the expiration of the term for which his
 or her predecessor was appointed. In cases of any vacancy among the public members, such
 vacancy shall be filled by appointment by the governor. Any member appointed to fill a vacancy on
 the commission occurring prior to the expiration of the term for which his or her predecessor was
 appointed shall be appointed for the remainder of such term. Members appointed by the governor
 may be removed by the governor in case of incompetency, neglect of duty, gross immorality or
 malfeasance in office.
        (c) The commission shall elect from its membership a vice chair and appoint a secretary.
 The secretary need not be a member of the commission. The vice chair shall preside over the
 meetings and hearings of the commission in the absence of the chair. The commission may
 appoint and employ such personnel as may be required, whose duties shall be defined by the
 commission and whose compensation, to be fixed by the commission, shall be paid out of the state
 treasury, upon the requisition of the commission, from moneys appropriated for such purposes.
        (d) The commission may establish procedural rules in accordance with Chapter 29A of this
 code for the regulation of its affairs and the conduct of all proceedings before it. All proceedings of
 the commission shall be entered in a permanently bound record book, properly indexed, and the
 same shall be carefully preserved and attested by the secretary of the commission. The
 commission shall meet at such times and places as may be agreed upon by the commissioners, or
 upon the call of the chairman of the commission or any two members of the commission, all of
 which meetings shall be general meetings for the consideration of any and all matters which may
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 properly come before the commission. A majority of the commission constitutes a quorum for the
 transaction of                                       business.
                                 CHAPTER 16. PUBLIC HEALTH.
     ARTICLE 1. STATE PUBLIC HEALTH SYSTEM.
     §16-1-5. State health officer; commissioner of the bureau for public health; appointment;
            qualifications; term.
         The Commissioner of the Bureau for Public Health may be designated the state health
  officer. The commissioner and the state health officer shall be appointed by the secretary. The
  commissioner shall be a person holding a doctorate degree in public health administration unless
  designated the state health officer. The state health officer shall be licensed under the laws of this
  state to practice medicine. The commissioner and the state health officer serve at the will and
  pleasure of the secretary and shall not be actively engaged or employed in any other business,
  vocation, or employment, serving full-time in the duties of the office as prescribed by this article.
     §16-1-6. Commissioner of the Bureau for Public Health; state health officer; powers and duties.
         (a) The commissioner is the chief executive, administrative and fiscal officer of the Bureau
  for Public Health and has the following powers and duties:
         (1) To supervise and direct the fiscal and administrative matters of the bureau, and in that
  regard and in accordance with law, employ, fix the compensation of, and discharge all persons
  necessary for the proper execution of the public health laws of this state and the efficient and
  proper discharge of the duties imposed upon, and execution of powers vested in the commissioner
  by law and as directed by the secretary;
         (2) To delegate to any appointee, assistant, or employee any and all powers and duties
  vested in the commissioner, including, but not limited to, the power to execute contracts and
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 agreements in the name of the bureau: Provided, That the commissioner is responsible for the
 acts of his or her appointees, assistants, and employees;
        (3) To accept and use for the benefit of the health of the people of this state, any gift or
 devise of any property or thing which is lawfully given: Provided, That if any gift is for a specific
 purpose shall be used as specified. Any profit which may arise from any gift or devise of any
 property or thing shall be deposited in a special revenue fund with the State Treasurer and shall be
 used only as specified by the donor or donors;
        (4) To expend, for the purpose of performing the public health duties imposed on the
 bureau, or authorized by law, any sums appropriated by the Legislature. The commissioner may
 make advance payments to public and nonprofit health services providers when the commissioner
 determines it is necessary for the initiation or continuation of public health services. The advance
 payments, being in derogation of the principle of payment only after receipt of goods or services,
 shall be authorized only after serious consideration by the commissioner of the necessity of the
 advance payments and shall be for a period no greater than 90 days in advance of rendition of
 service or receipt of goods and continuation of health services;
        (5) To establish and maintain a state hygienic laboratory as an aid in performing the duties
 imposed upon the state health officer, and to employ employees that may be necessary to properly
 operate the laboratory. The commissioner, upon the recommendation of the state health officer,
 may establish branches of the state laboratory within the state that are necessary in the interest of
 the public health; and
        (6) To exercise all other powers delegated to the commissioner by the secretary or by this
 chapter or otherwise in this code, and to pursue all other activities necessary and incident to the
 authority and area of concern entrusted to the bureau or the commissioner.
        (b) The state health officer is the chief medical officer of the state and has the following
 powers:
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         (1) To supervise and direct the fiscal and administrative matters delegated to the state
 health officer;
         (2) To enforce all laws of this state concerning public health.
         (3) To investigate the cause of disease, especially of epidemics and endemic conditions,
 and the means of prevention, suppression, or control of those conditions; the source of sickness
 and mortality, the effects of environment, employment, habits, and circumstances of life on the
 public health.
         (4) To inspect and examine food, drink, and drugs offered for sale or public consumption in
 the manner the commissioner state health officer considers necessary to protect the public health
 and shall report all violations of laws and rules relating to the law to the prosecuting attorney of the
 county in which the violations occur;
         (5) To make complaint or cause proceedings to be instituted against any person,
 corporation, or other entity for the violation of any public health law before any court or agency,
 without being required to give security for costs; the action may be taken without the sanction of
 the prosecuting attorney of the county in which the proceedings are instituted or to which the
 proceedings relate;
         (6) To promote the provision of essential public health services to citizens of this state;
         (7) To monitor the operation and coordination of the local boards of health and local health
 officers;
         (8) To develop and maintain a state plan of operation that sets forth the needs of the state
 in the areas of public health; goals and objectives for meeting those needs; methods for achieving
 the stated goals and objectives; and needed personnel, funds, and authority for achieving the
 goals and objectives;
         (9) To collect data as may be required to foster knowledge on the citizenry’s health status,
 the health system, and costs of health care;
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        (10) To delegate to any appointee, assistant, or employee any and all powers and duties
 vested in the commissioner, state health officer: including, but not limited to, the power to execute
 contracts and agreements in the name of the bureau Provided, That the commissioner state health
 officer is responsible for the acts of his or her appointees, assistants, and employees;
        (11) To transfer any patient or resident between hospitals and facilities and, by agreement
 with the state Commissioner of Corrections and Rehabilitation and otherwise in accord with law,
 accept a transfer of a resident of a facility under the jurisdiction of the state Commissioner of
 Corrections and Rehabilitation;
        (12) To make periodic reports to the Governor and to the Legislature relative to specific
 subject areas of public health, or other matters affecting the public health of the people of the state;
        (13) To accept and use for the benefit of the health of the people of this state, any gift or
 devise of any property or thing which is lawfully given: Provided, That if any gift is for a specific
 purpose shall be used as specified. Any profit which may arise from any gift or devise of any
 property or thing shall be deposited in a special revenue fund with the State Treasurer and shall be
 used only as specified by the donor or donors
        (14) (13) To inspect and enforce rules to control the sanitary conditions of and license all
 institutions and health facilities as set forth in this chapter, including, but not limited to, schools,
 whether public or private, public conveyances, dairies, slaughterhouses, workshops, factories,
 labor camps, places of entertainment, hotels, motels, tourist camps, all other places open to the
 general public and inviting public patronage or public assembly, or tendering to the public any item
 for human consumption and places where trades or industries are conducted;
        (15) (14) To make inspections, conduct hearings, and to enforce the legislative rules
 concerning occupational and industrial health hazards, the sanitary condition of streams, sources
 of water supply, sewerage facilities, and plumbing systems, and the qualifications of personnel
 connected with the supplies, facilities or systems without regard to whether they are publicly or
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  privately owned; and to make inspections, conduct hearings and enforce the legislative rules
  concerning the design of chlorination and filtration facilities and swimming pools;
         (16) (15) To provide in accordance with this subdivision for a program for the care,
  treatment, and rehabilitation of the parents of sudden infant death syndrome victims; for the
  training and employment of personnel to provide the requisite rehabilitation of parents of sudden
  infant death syndrome victims; for the education of the public concerning sudden infant death
  syndrome; for the education of police, employees, and volunteers of all emergency services
  concerning sudden infant death syndrome; and for requesting appropriation of funds in both
  federal and state budgets to fund the sudden infant death syndrome program; and
         (17) To establish and maintain a state hygienic laboratory as an aid in performing the duties
  imposed upon