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WEST VIRGINIA CODE

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CHAPTER 64. LEGISLATIVE RULES.

ARTICLE 5. AUTHORIZATION FOR DEPARTMENT OF HEALTH AND HUMAN RESOURCES TO PROMULGATE LEGISLATIVE RULES.

§64-5-1. Department of Health and Human Resources.

(a) The legislative rule filed in the State Register on July 27, 2018, authorized under the authority of §16-5T-5 of this code, relating to the Department of Health and Human Resources (collection and exchange of data related to overdoses, 69 CSR 14), is authorized with the following amendment:

On page 4, by striking out all of subsection 2.16 and inserting a new subsection to read as follows:

"2.16. "Overdose" means an acute condition, including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, or death believed to be caused by abuse and misuse of prescription or illicit drugs or by substances that a layperson would reasonably believe to be a drug".

(b) The legislative rule filed in the State Register on July 27, 2018, authorized under the authority of §27-9-1 of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 6, 2018, relating to the Department of Health and Human Resources (behavioral health centers licensure, 64 CSR 11), is authorized with the following amendment:

On page 22, by adding a new subsection 4.11 to read as follows:

"4.11 For the purposes of substance use disorder services, if a provider is enrolled to accept West Virginia Medicaid and is authorized to provide behavioral health services in its state, the Office of Health Facility Licensure and Certification may through reciprocity authorize it as a West Virginia Behavioral Health Center under this rule."

On page 48, subdivision 9.1.2., by deleting the words "assessment and".

(c) The legislative rule filed in the State Register on July 27, 2018, authorized under the authority of §16-5D-5 of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 15, 2018, relating to the Department of Health and Human Resources (assisted living residences, 64 CSR 14), is authorized with the following amendment:

On page 42, subdivision 11.8.1., by striking out the words "federal or state law or this rule" and inserting in lieu thereof the words "subdivision 11.8.2., of this rule".

 (d) The legislative rule filed in the State Register on July 26, 2018, authorized under the authority of §16-1-4 of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 30, 2018, relating to the Department of Health and Human Resources (food establishments, 64 CSR 17), is authorized.

(e) The legislative rule filed in the State Register on July 26, 2018, authorized under the authority of §16-1-4 of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 30, 2018, relating to the Department of Health and Human Resources (food manufacturing facilities, 64 CSR 43), is authorized.

(f) The legislative rule filed in the State Register on July 26, 2018, authorized under the authority of §16-1-4 of this code, relating to the Department of Health and Human Resources (newborn screening system, 64 CSR 91), is authorized with the following amendment:

On page 5, after subsection 5.29 by adding the following:

5.30. Lysosomal Storage Disorders;

5.31. X-Linked Adrenoleukodystorphy, X-ALD; and

5.32. Spinal Muscular Atrophy, SMA.

(g) The legislative rule filed in the State Register on July 27, 2018, authorized under the authority of §16-5Y-1 of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 15, 2018, relating to the Department of Health and Human Resources (medication-assisted treatment—office-based medication-assisted treatment, 69 CSR 12), is authorized with the following amendments:

On page 39, by inserting a subsection, 22.9 to read as follows, "Each OBMAT program shall provide or make referrals for each patient to obtain contraceptive drugs, devices or procedures.

(h) The legislative rule filed in the State Register on July 27, 2018, authorized under the authority of §16-5H-9 of this code, relating to the Department of Health and Human Resources (chronic pain management clinic licensure, 69 CSR 8), is authorized.

Note: WV Code updated with legislation passed through the 2017 Regular Session
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