Chapter 16, Chapter 16

As used in this article: “Auxiliary container” means a bag, cup, bottle, or other packaging, whether reusable or single-use, that meets both of the following requirements: (1) Is made of cloth, paper, plastic, cardboard, corrugated material, aluminum, glass, postconsumer recycled…

Subject to §16-63-3 of this code, a local unit of government may not adopt or enforce an ordinance that does any of the following: (1) Regulates the use, disposition, or sale of auxiliary containers. (2) Prohibits or restricts auxiliary containers. (3) Imposes a fee, charge, or t…

(a) §16-63-2 of this code may not be construed to prohibit or restrict any of the following: (1) A curbside recycling program. (2) A designated residential or commercial recycling location. (3) A commercial recycling program. (b) §16-63-2 of this code does not apply to any of the…

As used in this article, the term: “Administrator” means a person having the authority and responsibility for operation of the syringe services program and serves as the contact for communication with the Director of the Harm Reduction Program. “Applicant” means the entity applyi…

(a) A syringe service program shall coordinate with other health care providers in its services to render care to the individuals as set forth in the program requirements. (b) In the event that the syringe services program is closed, the syringe services program shall notify the …

(a) All new and existing syringe services programs shall obtain a license from the Office for Health Facility Licensure and Certification. (b) To be eligible for a license, a syringe services program shall: (1) Submit an application on a form approved and provided by the office d…

(a) To be approved for a license, a syringe services program shall be part of a harm reduction program which offers or refers an individual to the following services which shall be documented in the application: (1) HIV, hepatitis, and sexually transmitted diseases screening; (2)…

(a) The director may revoke, suspend, or limit a syringe services program’s ability to offer services for the following reasons: (1) The syringe services program provides false or misleading information to the director; (2) An inspection indicates the syringe services programs is…

(a) A syringe services program who disagrees with an administrative decision may, within 30 days after receiving notice of the decision, appeal the decision to the department’s board of review. (b) All pertinent provisions of §29A-5-1 et seq. of this code apply to and govern any …

(a) A syringe services program who disagrees with the final administrative decision may, within 30 days after the date the appellant received notice of the decision of the board of review, appeal the decision to the Circuit Court of Kanawha County or in the county where the petit…

(a) A syringe services program shall renew its license annually on the anniversary date of license approval. (b) A syringe services program shall file an annual report with the director. The report shall include: (1) The total number of persons served; (2) The total numbers and t…

(a) Notwithstanding any provision of this code to the contrary, an employee, volunteer, or participant of a licensed syringe services program may not be arrested, charged with, or prosecuted for possession of any of the following: (1) Sterile or used syringes, hypodermic syringes…

(a) The Office of Health Facilities Licensure and Certification may assess an administrative penalty of not less than $500 nor more than $10,000 per violation of this article. (b) The Office of Health Facilities Licensure and Certification may seek injunctive relief to enforce th…

The Legislature finds that: (1) A mental or physical disability does not diminish a person’s right to health care; (2) The “Americans with Disabilities Act of 1990” prohibits discrimination against persons with disabilities, yet many individuals with disabilities still experience…

As used in this article: “Anatomical gift” means a donation of all or part of a human body to take effect after the donor’s death for the purpose of transplantation or transfusion. “Auxiliary aids and services” means an aid or service that is used to provide information to a pers…

(a) A covered entity may not, solely on the basis of a qualified individual’s mental or physical disability: (1) Determine a qualified individual ineligible to receive an anatomical gift or organ transplant; (2) Deny a qualified individual medical and associated services related …

(a) The remedies for violations of this article are the same as those available under Titles II and III of the Americans with Disabilities Act, 42 U.S.C. §§12131-12189. (b) The court shall accord priority on its calendar and expeditiously proceed with an action brought to seek an…

The following terms are defined: "Abortion industry organization" means any organization that performs, prescribes, refers for, encourages or promotes abortion as an option for a pregnant woman, or owns, operates, or manages a facility where abortions are performed and prescribed…

(a) The West Virginia Mothers and Babies Pregnancy Support Program under the Bureau for Public Health is continued. (b) A pregnancy help organization is eligible to receive funding from the program, subject to meeting the standards defined by the managing agency. (c) An abortion …

(a) The bureau shall contract with a management agency that exclusively promotes and supports childbirth and is knowledgeable and supportive of pregnancy help organization operations to receive the funds and administer the program, as the program's management agency. (b) The mana…

This article shall be known and may be cited as the "Make West Virginia Healthy Act of 2026".

(a) The Office of Healthy Lifestyles shall develop a county grant program to help further the goals of this office in promoting healthy lifestyles for West Virginia residents. The grant program shall prioritize applications by schools to increase the participation in Farm-to-Scho…

(a) The Legislature finds that chronic diet-/lifestyle-related diseases (including obesity, type 2 diabetes, hypertension) impose substantial health and fiscal burdens on the State. (b) The Legislature finds that ensuring program integrity in state health and nutrition assistance…

In this article, unless the context otherwise requires: "BMS" means the West Virginia Bureau for Medical Services. "Department" means the West Virginia Department of Health, or successor.et "Eligible nutritious food" means food items that meet criteria established by the Departme…

There is continued the Office of Healthy Lifestyles within the Department of Health. The management of this office shall be provided in the manner determined by the Secretary of the Department of Health to be in the best interest of the state and its citizens.

The Office of Healthy Lifestyles shall: (1) Establish a Healthy Lifestyle Coalition to assure consistency of the public health and private sector approach to dealing with programs that affect health and wellness; to provide a forum for discussing the issues that affect healthy li…

There is continued in the State Treasury a separate special revenue account, which shall be an interest bearing account, to be known as the "Healthy Lifestyles Fund". The special revenue account shall consist of all appropriations made by the Legislature, income from the investme…

(a) The Office of Healthy Lifestyles shall work with the Department of Education to help develop and implement plans focused on improving the physical fitness of students in West Virginia pursuant to §18-2-7a of this code. (b) The Office of Healthy Lifestyles shall work with the …

(a) The Office for Healthy Lifestyles shall coordinate with the West Virginia Department of Agriculture to complete a study on the health impact of food additives and dyes. (b) The Office of Healthy Lifestyles shall coordinate with the West Virginia Department of Agriculture to c…

(a) The Legislature requests the Office for Healthy Lifestyles coordinate with Bureau of Medical Services to develop a demonstration waiver for Section 1115 of the Social Security Act to be given to the Secretary of the United States Health and Human Services exhibiting the impac…

For purposes of this article: "Certified alcohol and drug counselor" means a person certified under the provisions of this article; "Commissioner" means the Commissioner of the Bureau for Behavioral Health; "Co-occurring disorder" means the presence of a concurrent psychiatric or…

A certificate as an alcohol and drug counselor may be renewed in accordance with the provisions of this article for a fee set forth pursuant to §16-68-23 of this code.

The commissioner may contract with a qualified private organization for services that include: (1) Providing verification that applicants for licensure or certification have met the education, training, and work experience requirements under this article; and (2) Any other servic…

Any person who has attained a master's level degree and is certified by the West Virginia Certification Board for Addiction and Prevention Professionals as a substance abuse counselor on or before July 1, 2027, shall be deemed a licensed alcohol and drug counselor: Provided, That…

Any person who has not attained a master's level degree and is certified by the West Virginia Certification Board for Addiction and Prevention Professionals as a substance abuse counselor on or before July 1, 2027, shall be deemed a certified alcohol and drug counselor: Provided,…

Any person who is not certified by the West Virginia Certification Board for Addiction and Prevention Professionals as a substance abuse counselor on or before July 1, 2027, who: (1) Documents to the department that such person has a minimum of five years full-time or eight years…

The commissioner may license or certify without examination any applicant who, at the time of application, is licensed or certified by a governmental agency or private organization located in another state, territory or jurisdiction whose standards, in the opinion of the commissi…

No person shall assume, represent himself or herself as, or use the title or designation "alcoholism counselor", "alcohol counselor", "alcohol and drug counselor", "alcoholism and drug counselor", "licensed clinical alcohol and drug counselor", "licensed alcohol and drug counselo…

(a) The commissioner may suspend, revoke or refuse to issue a license in circumstances that have endangered or are likely to endanger the health, welfare or safety of the public. (b) The commissioner shall develop procedures for denying, suspending, revoking, reinstating or limit…

Nothing in this article shall be construed to apply to the activities and services of a person licensed in this state to practice medicine and surgery, psychology, marital and family therapy, clinical social work, professional counseling, advanced practice registered nursing or r…

Nothing in this article shall be construed to apply to the activities and services of a student intern or trainee in alcohol and drug counseling who is pursuing a course of study in an accredited institution of higher education or training course: Provided, That these activities …

Except as provided in §16-68-18 through §16-68-22, inclusive, of this code, no person shall engage in the practice of alcohol and drug counseling unless licensed as a licensed alcohol and drug counselor pursuant to §16-68-4 of this code or certified as an alcohol and drug counsel…

Nothing in this article shall apply to individuals who are, on July 1, 2027, employed by a state agency as a rehabilitation counselor who are acting in the capacity of an alcohol and drug counselor.

Nothing in this article shall be construed to apply to the activities and services of paid alcohol and drug counselors who are working at a licensed behavioral health center or uncompensated alcohol and drug abuse self-help groups, including, but not limited to,12-step fellowship…

No initial license to engage in the practice of alcohol and drug counseling shall be issued unless the applicant meets the requirements of this article to practice alcohol and drug counseling.

The West Virginia Department of Human Services shall propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code to implement the provisions of this article, including, but not limited to, the following: (1) Standards and requirements…

The Bureau for Behavioral Health shall be fully able to administer the program set forth in this article and effectuate all of its provisions by no later than July 1, 2027.

Except as provided in §16-68-18 through §16-68-22, inclusive, of this code, no person shall engage in the private practice of alcohol and drug counseling unless: (1) The individual is licensed as a licensed alcohol and drug counselor pursuant to §16-68-4 of this code; or (2) Cert…

To be eligible for licensure as a licensed alcohol and drug counselor, an applicant shall: (1) Have attained a master's degree from an accredited institution of higher education in social work, marriage and family therapy, counseling, psychology or a related field approved by the…

To be eligible for certification by the Bureau for Behavioral Health as a certified alcohol and drug counselor, an applicant shall have: (1) Completed 300 hours of supervised practical training in alcohol and drug counseling that the commissioner deems acceptable; (2) Completed t…