Bill Amendment: WV SB12 | 2021 | Regular Session
Bill Title: Relating to local health department accountability
Status: 2021-05-24 - Chapter 213, Acts, Regular Session, 2021 [SB12 Detail]
Download: West_Virginia-2021-SB12-SB12_HFA_PACK_2-25_1.html
SB12 HFA Pack 2-25 #1
CR 3338
Delegate Pack moved to amend the bill on page 4, section 6, by removing §16-2-6 from the bill in its entirety;
And,
On page 5, section 7, by removing §16-2-7 from the bill in its entirety;
And,
On page 5, section 8 by removing §16-2-8 from the bill in its entirety;
And,
On page 6, section 9, line 5, by removing, " A member of the appointing authority shall serve as a nonvoting, ex officio member and this member shall not be counted against any criteria for board appointment set forth in this section.";
And,
On page 7, line 12, by striking the words, "gross immorality";
And,
On page 7, line 16, by removing the words, "gross immorality";
And,
On page 10, line 66, by striking subdivision (3) and inserting a new subdivision (3) to read as follows:
"(3) (A) Adopt and promulgate and from time to time amend rules consistent with state public health laws and the rules of the West Virginia State Department of Health and Human Resources, that are necessary and proper for the protection of the general health of the service area and the prevention of the introduction, propagation, and spread of disease;
(B) The commissioner shall establish a procedure by which adverse determinations by local health departments may be appealed, unless otherwise provided for, for the purpose of ensuring a consistent interpretation of state public health laws and rules of the Department of Health and Human Resources.
(C) When rules are adopted, promulgated, or amended, the local board of health shall place notice in the State Register and on their organization's web page, setting forth a notice of proposed action, including the text of the new rule or the amendment and the date, time, and place for receipt of public comment.
(D) All rules shall be approved, disapproved or amended and approved by the county commission or appointing entity within 30 days of approval from the local board of health.
(E) All rules of a combined local board of health shall be approved disapproved or amended and approved by each appointing entity within 30 days of approval from the combined local board of health. If one appointing entity approves and another other does not approve a rule from a combined local board health department, the rule is only in effect in the jurisdiction of the appointing entity which approved the rule.
(F) An approved rule shall be filed with the clerk of the county commission or the clerk or the recorder of the municipality or both and shall be kept by the clerk or recording officer in a separate book as public records:
(G) A rule currently in effect is not subject to approval, unless amended, from the county commission or appointing authority.
(H) If there is an imminent public health emergency, approval of the county commission or appointing authority is not necessary before the rule goes into effect but shall be approved or disapproved by the county commission or appointing authority within 30 days after the rules are effective;"
And,
On page 13, line 137, by removing the words, "the Governor may direct";
And,
On page 13, line 138 by removing the word, "to" and inserting the word, "may".