Chapter 16, Chapter 16

(a) No licensed radon mitigation contractor may do any of the following: (1) Perform radon mitigation without the direct on-site supervision of a licensed radon mitigation specialist; (2) Provide radon testing other than through the employment of a licensed radon tester or mitiga…

(a) The director shall license radon testers, mitigation specialists, mitigation contractors and radon laboratories located within the state. Each applicant for a license shall submit a completed application to the director on a form prescribed and furnished by the director. (b) …

(a) To protect the health of individuals inhabiting, occupying or frequenting buildings, the Department of Health shall adopt rules to implement the requirements of this article. All rules adopted under this section shall be adopted in accordance with article three, chapter twent…

(a) Any individual, business entity or government entity may file a complaint with the director concerning any radon tester, mitigation specialist, mitigation contractor or a radon laboratory or a training course approved under section six of this article. The complainant's name …

The director shall maintain a list of all licensed radon testers, mitigation specialists, mitigation contractors and radon laboratories located in the state. On request, the director shall provide a copy of all or part of the list to any individual, business entity or government …

(a) The director, any employee of the Department of Health, or any individual, business entity or government entity with which the director enters into an agreement under §16-34-5(k)(3), shall not release information collected pursuant to this article concerning a specific buildi…

This article may be cited as the West Virginia "Lead Abatement Act."

(a) The director shall propose legislative rules establishing criteria and procedures for certification of training course curricula and examinations that shall ensure the qualifications of applications for licensure or certification as required in this article. To qualify for ce…

(a) The director may suspend or revoke a lead abatement discipline license if the licensee: (1) Fraudulently or deceptively obtains or attempts to obtain a license or knowingly aids another in such fraud or deception; (2) Fails at any time to meet the qualifications for the licen…

The director shall deposit all moneys collected as fees and civil penalties under the provisions of this article a special account in the State Treasury to be known as the "lead abatement account". Expenditures from said fund shall be for the purposes set forth in this article an…

(a) 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. In any case where a person fails to halt work following the issuance of a cease and desist order by the direc…

(a) The Legislature hereby finds and declares that: (1) Lead is a toxic substance and harmful to the citizens of this state; (2) Lead poisoning is a devastating health hazard, particularly to young children, and results in serious long-term health effects; (3) Children exposed to…

(a) "Abatement" means any measure or set of measures designed to permanently eliminate lead-based paint hazards. Abatement includes, but is not limited to: (1) The removal of lead-based paint and lead-contaminated dust, the permanent enclosure or encapsulation of lead-based paint…

The director shall administer and enforce this article, and has the following powers and duties: (1) To propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, necessary to carry out the requirements of this a…

(a) The director shall establish a program for early identification of cases of lead poisoning. The program shall include a systematic screening of all children under six years of age for the presence of lead poisoning. The director shall, after consultation with recognized profe…

(a) It is unlawful for any individual to carry out any lead-risk assessment, inspection or abatement activity for which he or she does not hold an appropriate lead discipline license. (b) To qualify for a lead discipline license an applicant shall: (1) Satisfactorily complete a s…

A lead abatement contractor shall: (1) Ensure that each of his or her employees or agents who will come in contact with lead or who will be responsible for a lead abatement project is licensed as required by this article; (2) Ensure that each lead abatement project is supervised …

(a) Homeowners performing lead abatement or interim abatement controls on their single unit owner-occupied housing are exempt from the requirements of this article: Provided, That the provisions of this section do not apply to any residential dwelling occupied by a person or pers…

The director may, by legislative rule, establish requirements for laboratories and lead abatement contractors for mandatory reporting of any persons medically confirmed elevated blood-lead level.

Each owner or other person responsible for the operation of a building, facility, residence or structure where a lead abatement project is to occur shall notify the division in the time specified by the director prior to commencement of each lead abatement project, and comply wit…

As used in this article: "Commissioner" means the Commissioner of the Bureau of Public Health; "Engineering controls" means sharps prevention technology including, but not limited to, systems not using needles and needles with engineered sharps injury protection; "Facility" means…

The commissioner is authorized to promulgate legislative rules, pursuant to §29A-1-1 et seq. of this code. The rules should include, but not be limited to, the following provisions: (1) A requirement that facilities utilize needleless systems or other engineering controls designe…

Until July 1, 2005, drugs and biologics regulated by the food and drug administration whose packaging, on the effective date of this article, includes needles and syringes, are considered to meet any standards promulgated under this article.

This article is known as the "Body Piercing Studio Act."

(a) "Adequate ventilation" means a free and unrestricted circulation of fresh air throughout the body piercing studio and the expulsion of foul or stagnant air. (b) "Antimicrobial solution" means any solution used to retard the growth of microorganisms. (c) "Body piercing" means …

(a) On or after July 1, 2001, any body piercing studio in West Virginia shall obtain a West Virginia business registration certificate and shall register with the local board of health, request an inspection of the facility, and obtain an operating permit before engaging in the b…

(a) The Department of Health shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, which rules shall provide at a minimum: (1) General physical requirements for facilities and equipment, including requ…

(a) Any owner of a body piercing studio who does not obtain a West Virginia business registration certificate, who does not register with the local board of health, or who fails to request an inspection pursuant to section three of this article is guilty of a misdemeanor and, upo…

For purposes of this article: “Adequate ventilation” means a free and unrestricted circulation of fresh air throughout the tattoo studio and the expulsion of foul or stagnant air. “Antibacterial solution” means any solution used to retard the growth of bacteria approved for appli…

(a) The tattoo artist's hands shall be washed and then air blown or dried by single-use towel prior to beginning work on each person or when interrupted in the process of working on a person. In addition, disposable latex examination gloves shall be worn by the tattoo artist duri…

(a) Records. -– (1) Proper records of tattoos administered shall be maintained for each patron by the holder of the studio registration; (2) A record shall be prepared for each patron prior to any procedure being performed and shall include the patron’s name and signature, addres…

(a) General physical environment. -– (1) Tattoo studios shall have at least fifty footcandles of light and adequate ventilation. Walls and ceilings shall be painted a light color; (2) The floor of the tattoo workroom shall be constructed of impervious material. The floor shall be…

The tattoo studio operator shall comply with rules promulgated by the commissioner of the bureau of public health regarding the disposal of medical wastes.

(a) Tattoo studios in West Virginia shall obtain a West Virginia business registration certificate and shall register with their local or regional board of health. (b) Each local or regional board of health shall conduct annual inspections of each tattoo studio to determine compl…

Any owner of a tattoo studio who does not obtain a West Virginia business registration certificate, who does not register with their local or regional board of health or who fails to request an inspection pursuant to section six of this article shall be guilty of a misdemeanor an…

This article may be cited as the “Patient Safety Act of 2001.” The amendments made to this article during the 2021 Regular Session of the Legislature shall be known as “Mylissa Smith’s Law.”

For purposes of this article, the following words and phrases have the following meanings: “Appropriate authority” means a federal, state, county, or municipal government body, agency or organization having jurisdiction over criminal law enforcement, regulatory violations, profes…

(a) No person may retaliate or discriminate in any manner against any health care worker because the worker, or any person acting on behalf of the worker: (1) Makes a good faith report, or is about to report, verbally or in writing, to the health care entity or appropriate author…

The identity of a health care worker who complains in good faith to a government agency or department about the quality of care, services or conditions of a health care entity or any waste or wrongdoing by the health care entity shall remain confidential and may not be disclosed …

(a) Any health care worker who believes that he or she has been retaliated or discriminated against in violation of section four of this article may file a civil action in any court of competent jurisdiction against the health care entity and the person believed to have violated …

Each health care entity shall post and keep posted, in conspicuous places on the premises of the health care entity where notices to employees and applicants for employment are customarily posted, a notice, to be prepared or approved by the commissioner, setting forth excerpts fr…

(a) During a declared public health state of emergency for a contagious disease, a health care facility shall permit visitation of a patient. If the patient’s death is imminent, the health care facility shall allow visitation upon request at any time and frequency. In all other i…

As used in this article: (1) "Commissioner" means the commissioner of the Bureau for Public Health. (2) "Freestanding birthing center" means any health care facility in which births routinely occur, regardless of whether the facility is located on the campus of another health car…

(a) The commissioner shall establish and implement a statewide birth defects information system for the collection of information concerning congenital anomalies, stillbirths and abnormal conditions of newborns. (b) The commissioner may require each physician, nurse-midwife, hosp…

The birth defects information system may be used for all of the following purposes: (1) To identify and describe congenital anomalies, stillbirths and abnormal conditions of newborns; (2) To detect trends and epidemics in congenital anomalies, stillbirths and abnormal conditions …

(a) Except as provided in this section, records received and information assembled by the birth defects information system pursuant to section two of this article are confidential medical records. (b) (1) The commissioner may use information assembled by the system to notify pare…

(a) As used in this section, "local board of health" means a local board of health established under the provisions of article two of this chapter. (b) A child's parent or legal guardian who wants information concerning the child removed from the birth defects information system …

Not later than July 1, 2003, the commissioner shall propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code to do all of the following: (1) Implement the birth defects information system; (2) Specify the types of congenital anomal…

The commissioner shall include an update on the birth defects information system in the annual report the commissioner submits pursuant to §5-1-20(a) of this code.

This article may be cited as the "West Virginia Oral Health Improvement Act".