Chapter 16, Chapter 16

It is the policy of this state to promote the physical and mental health of all of its citizens and to prevent disease, injury, and disability whenever possible. The state recognizes its responsibility to assist in the provision of essential public health services and establishes…

The Legislature finds that the health and welfare of the veterans of the armed forces who are citizens of our state will be best served by the establishment of one or more skilled nursing facilities exclusively for these veterans. Furthermore, the Legislature finds that nearly tw…

(a)"Direct patient care" means health care that provides for the physical, diagnostic, emotional or rehabilitation needs of a patient or health care that involves examination, treatment or preparation for diagnostic tests or procedures. (b) "Employee" means an employee or contrac…

(a) The commissioner shall receive and account for all moneys required to be paid as fees to the bureau for permits, licenses, or registrations, pursuant to the provisions of this code and legislative rules. (b) Subject to the provisions set forth in §12-2-2 of this code, there i…

(a) The commissioner may assess and charge reasonable fees for the provision of services provided by the bureau: Provided, That no individual may be denied health care services by the bureau because of the inability of the individual to pay for services. The fees shall be deposit…

(a) The commissioner may accept, receive, and receipt for federal moneys and other moneys, either public or private, for and on behalf of this state or any county or municipality of this state, for public health purposes, or for the establishment or construction of public health …

(a) Subject to the provisions set forth in §12-2-2 of this code, there is continued in the State Treasury a separate account which shall be designated the “hospital services revenue account.” The secretary shall deposit promptly into the account any fees received by a facility ow…

The commissioner may provide technical and specialized instruction for employees of the bureau. The commissioner may pay out of federal funds and such state funds as are available to match such federal funds, any required tuition or enrollment fees.

(a) The secretary, the commissioner, any officer or employee of the department designated by the secretary, or any other individual designated by the secretary may hold investigations, inquiries and hearings concerning matters covered by the laws of this state pertaining to publi…

The commissioner may employ such administrative employees, inspectors, examiners or other persons as may be necessary to properly carry out the provisions of the public health laws of this state. The inspectors, examiners and other employees shall act as the commission's represen…

Any person violating any of the provisions of this article for which the penalty is not otherwise provided, or any of the rules or orders issued pursuant to this article, shall be punishable by a fine of not less than $50 nor more than $500.

(a) The Legislature finds that breast feeding is an important, basic act of nurturing that is protected in the interests of maternal and child health. (b) Notwithstanding any provision of this code to the contrary, a mother may breast feed a child in any location open to the publ…

The director of Veterans Affairs shall establish, construct, equip and operate one or more skilled nursing facilities to serve the needs of citizens of this state who are veterans of the Armed Forces of the United States. For each nursing facility established, the director shall …

Notwithstanding any other provision of this code, an employee shall wear an identification badge when providing direct patient care. The identification badge shall be worn in a conspicuous manner so as to be visible and apparent.

As used in this article: (1) "Basic public health services" means those services that are necessary to protect the health of the public; (2) "Bureau" means the Bureau for Public Health in the department; (3) "Combined local board of health" means one form of organization for a lo…

(a) For the purpose of this code: "English" means and includes spoken English, written English, or English with the use of visual supplements; "Language developmental milestones" means milestones of development aligned with the existing state instrument used to meet the requireme…

(a) The secretary may establish a state public health system. (b) As necessary for the effective, efficient, and economical operation of the system, the secretary may from time to time delegate, assign, transfer, or combine responsibilities or duties to or among employees of the …

(a) Notwithstanding section two of this article, the following shall apply: (1) An employee shall not be required to wear an identification badge while delivering direct patient care if it is not clinically feasible. (2) The last name of the employee may be omitted or concealed f…

The director shall request that revenue bonds, not exceeding the principal amount of $10 million, be issued by the West Virginia hospital finance authority under provisions of section seven, article twenty-nine-a of this chapter. Net profit from the veterans lottery instant scrat…

In order to qualify for service and residency in a skilled nursing facility established under this article, an applicant must have continuously been a citizen of the State of West Virginia for twelve consecutive months and must have performed active duty in an active component of…

The secretary, in consultation with appropriate health care provider professional licensing boards, shall propose rules for legislative approval in accordance with the provisions of chapter twenty-nine-a of this code to implement the provisions of this article. These rules shall …

(a) The secretary may propose legislative rules in accordance with the provisions of §29A-3-1 et seq. of this code that include: (1) Land usage endangering the public health: Provided, That no rules may be promulgated or enforced restricting the subdivision or development of any …

Section two of this article applies to employees of health care providers who employ at least three licensed practitioners or employ more than ten employees as of July 1, 2016.

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 des…

(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, …

(a) The commissioner serves on the following advisory councils, boards, and commissions: (1) The Advisory Committee on Cancer (Cancer Registry); (2) The Air Quality Board; (3) The Appalachian States Low-level Radioactive Waste Commission; (4) The Child Fatality Review Team; (5) T…

(a) The Commissioner of the Bureau for Public Health, in partnership with the Bureau for Medical Services and the Alzheimer's Association, shall, in its existing public health programs and services, educate health care professionals on the importance of early detection and timely…

(a) The Commissioner of the Bureau for Public Health, in consultation with the State Health Officer, shall, in its existing public health programs and services, to educate health care professionals on evaluating and treating Pediatric Acute-Onset Neuropsychiatric Syndrome (PANS) …

No person, firm, company, corporation, institution or association, whether public or private, county or municipal, may install or establish any system or method of drainage, water supply, or sewage or excreta disposal without first obtaining a written permit to install or establi…

(a) The secretary shall regulate public water systems as prescribed in this section. (b) The secretary shall establish by legislative rule, in accordance with §29A-3-1 et seq. of this code: (1) The maximum contaminant levels to which all public water systems shall conform in orde…

Individual systems with surface water discharge may be considered for approval for a permit pursuant to section nine of this article under the following conditions: (1) To correct existing failures when other means of treatment and disposal have proven ineffective; (2) on a tract…

(a) An existing public water utility that draws and treats water from a surface water supply source or a surface water influenced groundwater supply source shall submit to the commissioner an updated or completed source water protection plan for each of its public water system pl…

(a) The commissioner shall continue the Wellhead and Source Water Protection Grant Program. (b) The fund heretofore created to provide funds for the Wellhead and Source Water Protection Grant Program is continued in the State Treasury and shall be known as the Wellhead and Source…

The Bureau for Public Health shall endeavor to engage the Centers for Disease Control and other federal agencies for the purpose of creating, organizing and implementing a medical study to assess any long-term health effects resulting from the chemical spill that occurred on Janu…

(a) The secretary, working in collaboration with the Department of Environmental Protection and the Division of Homeland Security and Emergency Management, shall compile an inventory of all potential sources of significant contamination contained within a public water system's zo…

(a) The commissioner shall grant certification to a public water systems operator or wastewater operator certified by another jurisdiction, if the applicant: (1) Is actively seeking, has been offered or has accepted employment which requires a certified operator in West Virginia;…

This article shall be known and may be cited as the "Primary Care Support Program Act".

For the purposes of this article, the words or phrases defined in this section have these meanings ascribed to them. “Abortion” means the same as that term is defined in §16-2F-2 of this code. “Attempt to perform an abortion” means the same as that term is defined in §16-2M-2 of …

Local boards of health, created, established and operated pursuant to the provisions of this article, are responsible for directing, supervising and carrying out matters relating to the public health of their respective counties or municipalities. This article provides that local…

The Legislature makes the following findings: (1) Pain receptors (unborn child's entire body nociceptors) are present no later than sixteen weeks after fertilization and nerves link these receptors to the brain's thalamus and subcortical plate by no later than twenty weeks. (2) B…

(a) The Bureau for Public Health may provide printed material, guidance, advice, financial assistance, appliances, devices, drugs, approved methods, and medicines to local boards of health and other entities requesting the same for use in the operation of family planning and chil…

(a) As used in this article: “Abortion” means the same as that term is defined in §16-2F-2 of this code. “Attempt to perform or induce an abortion” means the same as that term is defined in §16-2M-2 of this code. “Because of a disability” means on account of the presence or presu…

(a) The Legislature finds that immature minors often lack the ability to make fully informed choices that take into account both immediate and long-range consequences of their actions; that the medical, emotional and psychological consequences of abortion are serious and of indet…

The Legislature finds that the State of West Virginia has a legitimate interest in protecting unborn lives and prohibiting abortions in West Virginia except in the circumstances set forth in this article.

With respect to the vouchers or coupons or drafts authorized by the bureau of public health in the administration of the special supplementary food program for women, infants and children, commonly known as the WIC program, under the auspices and guidelines of the United States D…

(a) Definitions. — For purposes of this section: (1) “Abortion” has the same meaning as that set forth in §16-2F-2 of this code. (2) “Attempt to perform an abortion” has the same meaning as that set forth in §16-2M-2 of this code. (3) “Born alive” means the complete expulsion or …

(a) Definitions. — For purposes of this section: (1) “Abortion” means the same as that term is defined in section two, article two-f, chapter sixteen of this code. (2) “Attempt to perform an abortion” means the same as that term is defined in §16-2M-2 of this code. (3) “Dismember…

It is declared to be the public policy of this state: (1) That the offering or development of all health services shall be accomplished in a manner which is orderly, economical and consistent with the effective development of necessary and adequate means of providing for the heal…

For the purposes of this article: "Home health services" shall mean and include, but not be limited to, the following services furnished to an individual who is under the care of a physician, such services to be provided on a visiting basis in a place of residence used as the ind…

(a) A local board of health shall meet as often as necessary to orderly and efficiently execute its duties and exercise its powers but, no fewer than six times per year. Members of a local board of health shall attend board meetings in compliance with attendance policies establis…