Chapter 16, Chapter 16

For the purposes of this article: “Actual knowledge” means the possession of information of the person’s wishes communicated to the health care provider orally or in writing by the person, the person’s medical power of attorney representative, the person’s health care surrogate, …

(a) Any competent adult may execute at any time a living will, medical power of attorney, or combined medical power of attorney and living will. A living will, medical power of attorney, or combined medical power of attorney and living will made pursuant to this article shall be:…

The provisions of this article apply to all persons regardless of whether or not they have completed a living will or medical power of attorney. For the purposes of direction to emergency medical services personnel, a do not resuscitate order does not apply to treatment rendered …

(a) The provisions of this article which directly conflict with the written directives contained in a living will, medical power of attorney, or combined medical power of attorney and living will executed prior to the effective date of this statute may not apply. An expressed dir…

Every person shall be presumed to consent to the administration of cardiopulmonary resuscitation in the event of cardiac or respiratory arrest, unless one or more of the following conditions, of which the health care provider has actual knowledge, apply: (1) A do-not-resuscitate …

(a) Any capable adult may make his or her own health care decisions without regard to guidelines contained in this article. (b) Health care providers and health care facilities may rely upon health care decisions made on behalf of an incapacitated person without resort to the cou…

(a) An attending physician, a physician’s assistant, or an advanced practice registered nurse may issue a do-not-resuscitate order for persons who are present in or residing at home or in a health care facility if the person, representative, or surrogate has consented to the orde…

(a) Health care providers shall comply with the do-not-resuscitate order when presented with one of the following: (1) A do-not-resuscitate order completed by a physician on a form as specified in section six of this article; (2) Do-not-resuscitate identification as set forth in …

(a) For the purposes of this article, a person may not be presumed to be incapacitated merely by reason of advanced age or disability. With respect to a person who has a diagnosis of mental illness or intellectual disability, such a diagnosis is not a presumption that the person …

(a) At any time a person in a health care facility may revoke his or her previous request for or consent to a do not resuscitate order by making either a written, oral or other act of communication to a physician or other professional staff of the health care facility. (b) At any…

(a) When a person is or becomes incapacitated, the attending physician or the advanced nurse practitioner with the assistance of other health care providers as necessary, shall select, in writing, a surrogate. The attending physician or advanced nurse practitioner shall reasonabl…

(a) No health care provider, health care facility, or individual employed by, acting as the agent of, or under contract with any of the foregoing shall be subject to criminal prosecution or civil liability for carrying out in good faith a do not resuscitate order authorized by th…

(a) General standards. The medical power of attorney representative or the health care surrogate shall make health care decisions: (1) In accordance with the person's wishes, including religious and moral beliefs; or (2) In accordance with the person's best interests if these wis…

The Legislature hereby finds and declares that asbestos is a dangerous toxic substance and harmful to the citizens of this state. Therefore to ensure the protection of the citizens of this state, persons who come into contact with asbestos through abatement, removal, enclosure or…

Fees and fines collected under this article and any rules promulgated hereunder shall be deposited in a special revenue account in the State Treasury to be used by the director for purposes related to the implementation of this article.

(a) Each owner or other person responsible for the operation of a building or facility where an asbestos abatement project is to occur shall notify the commissioner at least ten working days prior to commencement of each asbestos abatement project and shall comply with other appl…

A person or organization may apply for department and United States environmental protection agency approval of a course on the health and safety aspects of asbestos abatement, removal, enclosure and encapsulation by submitting a full description of the curriculum and a written a…

The director may set standards for accepting licenses issued by other states. The director may grant licenses to individuals from other states if that other state has as stringent licensing requirements as West Virginia.

(a) No employer may discharge, threaten or otherwise discriminate or retaliate against an employee by changing the employee's compensation, terms, conditions, location or privileges of employment because the employee, acting on his own volition, or a person acting on behalf of or…

(a) The director may reprimand, suspend or revoke the license of an asbestos analytical laboratory, clearance air monitor, contractor, inspector, management planner or worker, or of an asbestos abatement project designer or supervisor, or of a resilient floor covering worker, if …

The director may impose a civil penalty of not less than $250 and not more than $5,000 for each separate violation of this article or any rules promulgated hereunder. Notwithstanding any other provision of this code, any person who violates any provision of this article or any ru…

(a) "Asbestos" means the asbestiform varieties of chrysolite (serpentine), crocidolite (riebeckite), amosite (cummintonite-grunerite), anthophyllite, tremolite and actinolite. (b) "Asbestos analytical laboratory" means a facility or place which analyzes asbestos bulk samples or a…

The director of health shall administer and enforce this article. The director has the following powers and duties: (a) To issue licenses and assess fees pursuant to this article and the rules promulgated thereunder. (b) To promulgate rules necessary to carry out the requirements…

(a) It is unlawful for an individual who does not possess a valid asbestos management planner's license to design a building's or facility's asbestos management plan. (b) To qualify for an asbestos management planner's license, an applicant shall: (1) Satisfactorily complete a Un…

(a) It is unlawful for any person who does not possess a valid asbestos abatement project designer's license to specify engineering controls, methods and work practices under an asbestos abatement project contract to another person. (b) To qualify for an asbestos abatement projec…

(a) It is unlawful for any person who does not possess a valid asbestos contractor's license to contract with another person for an asbestos abatement project. (b) To qualify for an asbestos contractor's license, an applicant shall: (1) Satisfactorily complete a United States env…

(a) It is unlawful for an individual who does not possess a valid asbestos abatement supervisor's license to direct an asbestos abatement project. (b) To qualify for an asbestos abatement supervisor's license, an applicant shall: (1) Satisfactorily complete a United States enviro…

(a) It is unlawful for an individual who does not possess a valid asbestos inspector's license to work as an asbestos inspector on an asbestos abatement project. (b) To qualify for an asbestos inspector's license, an applicant shall: (1) Satisfactorily complete a United States en…

(a) It is unlawful for an individual who does not possess a valid asbestos worker's license to work as an asbestos worker on an asbestos abatement project. (b) To qualify for an asbestos worker's license an individual shall: (1) Satisfactorily complete a United States environment…

(a) After January 1, 1994, it shall be unlawful for any laboratory that does not possess a valid asbestos analytical laboratory license to analyze asbestos bulk samples or asbestos air monitoring samples. (b) To qualify for an asbestos analytical laboratory license, an applicant …

(a) After January 1, 1994, it shall be unlawful for any individual who does not possess a valid asbestos clearance air monitor license to sample asbestos abatement project areas for clearance. (b) To qualify for an asbestos clearance air monitor license, an applicant shall: (1) S…

(a) After January 1, 1994, it shall be unlawful for an individual who does not possess a valid resilient floor covering worker's license to be employed as a resilient floor covering worker. (b) To qualify for a resilient floor covering worker's license an individual shall: (1) Sa…

This article may be cited as the "Breast and Cervical Cancer Prevention and Control Act".

(a) In addition to the requirements contained in section nine of this article, in order to be eligible for services under the fund, a patient shall have a condition strongly suspicious of cancer which requires diagnostic services to confirm the preliminary diagnosis to be medical…

(a) The bureau shall develop authorization request forms and make the forms available to the provider upon request. (b) An application for inpatient diagnostic services shall be accompanied by a written, signed statement from the attending physician which includes the medical bas…

(a) The fund is the payor of last resort. Payment for procedures shall be made at the prevailing rate established by Medicare. (b) A claim for authorized services rendered shall be processed in accordance with rules promulgated by the bureau.

(a) There is hereby created within the department the breast and cervical cancer detection and education program. This program is established to promote screening and detection of breast and cervical cancer among unserved or underserved populations, to educate the public regardin…

(a) The director shall make grants, within the amounts appropriated, to approved organizations for the provision of services relating to the screening and detection of breast and cervical cancer as part of this program. Such services shall include, but not be limited to: (1) Prom…

The director shall submit an annual report to the Governor and the Legislature concerning the operation of the breast and cervical cancer detection and education program including available data and assessment. Such report shall also include any recommendations for additional act…

(a) There is hereby established the breast and cervical cancer diagnostic and treatment fund which shall provide financial assistance for the medical care of indigent patients for diagnostic and treatment services for breast and cervical cancer. (b) The fund may be comprised of m…

(a) The advisory committee shall establish procedures and requirements regarding participation in the fund, including, but not limited to, the following: (1) Establishing a list of covered services approved for payment through the fund, including (A) diagnostic and treatment serv…

To be eligible for services under the fund, a patient's income must be at or below two hundred percent of the federal poverty level in accordance with the prevailing national poverty income guidelines and be medically eligible for participation pursuant to the provisions of secti…

The Legislature hereby finds and declares that radon is a dangerous toxic substance and harmful to the citizens of this state. Therefore, to help ensure the protection of the citizens of this state, persons who come into contact with radon through remediation or testing should be…

The funds collected from the fees applicable in this article shall be deposited in a special revenue account in the State Treasury to be used by the secretary and dedicated to the purposes of this article which include, but are not limited to, licensing, training, enforcement and…

The director may set standards for accepting licenses issued by other states. The director may grant licenses to individuals from other states if that other state has licensing requirements which are as stringent as the licensing requirements in this state.

If the director requests to examine records, no licensed radon tester, mitigation specialist, mitigation contractor or operator of a radon laboratory or a training course approved under section six of this article shall fail to make available to the director any records pertinent…

(a) The director shall suspend or revoke the license of or reprimand a radon tester, mitigator, contractor or laboratory if the licensee: (1) Fraudulently or deceptively obtains or attempts to obtain a license; (2) Fails at any time to meet the qualifications for a license or to …

Any person violating any of the provisions of this article, or any of the rules or orders issued pursuant to this article, is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $250 for each violation.

(a) "Building" means a publicly or privately owned structure consisting of any combination of foundations, walls, columns, girders, beams, floors and roofs, with or without other elements of appurtenances. (b) "Business entity" means a corporation, partnership, association, firm,…

(a) Except as otherwise provided in subsection (b) of this section: (1) No individual may perform radon testing or hold himself or herself out as performing radon testing without a valid radon tester or mitigation specialist license; (2) No individual may provide professional or …