SB 398 — Removing full time requirement for health officers

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 398 ByBYS SenatorsENATORSS SmithMITH(MR. (Mr.

President)RESIDENT)ANDW OELFEL [Y REQUEST OF THEEXECUTIV] [Reported February 13, 2026, from the Committee on Health and WoelfelHuman [ByResources] RequestCS for SB 398 A BILL to amend and reenact §16-1-5 and §16-5P-4 of the Executive]Code [Introducedof JanuaryWest 15,Virginia, 2026;1931, as amended, relating to modifying the qualifications for the State Health Officer, Commissioner of the Bureau for Public Health, and the Commissioner of the Bureau of Senior Services.

referred to the Committee on Health and Human Resources] Intr SB 398 2026R2800S 2026R2801H A BILL to amend and reenact §16-1-5 and §16-5P-4 of the Code of West Virginia, 1931, as amended, relating to modifying the qualifications for the State Health Officer, Commissioner of the Bureau for Public Health, and the Commissioner of the Bureau of Senior Services.

State healthHealth officer;Officer;

The Commissioner of the Bureau for Public Health may be designated the stateState healthHealth officer.Officer.

The commissioner and the stateState healthHealth officerOfficer shall be appointed by the secretary.

The commissioner shall be a person holding a doctorate degree within fivepublic years’health experienceadministration holding a master's degree in public health administration unless designated the stateState healthHealth officer.Officer.

The stateState healthHealth officerOfficer shall be licensed under the laws of this state to practice medicine.

The commissioner and the state health officer serve at the will and pleasure of the secretary and shall not be actively engaged or employed in any other business, vocation, or employment, serving full-time in the duties of the office as prescribed by this articlearticle. may not engage in any other business, occupation, or employment inconsistent with the expeditious, proper and complete performance of his or her duties.

The commissioner shall serve at the will and pleasure of the secretary and shall not be actively engaged or employed in any other business, vocation, or employment, serving full-time in the duties of the office as prescribed by this article.

The State Health Officer shall serve at the will and pleasure of the secretary and may not engage in any other business, occupation, or employment inconsistent with the expeditious, proper, and complete performance of his or her duties.

As of the effective date of this article, all references to the commissionCommission on agingAging shall be construed to mean the Bureau of Senior Services.

CS for SB 398 (b) The bureau shall be under the supervision of a commissionerCommissioner of the Bureau of Senior Services.

The commissioner shall be appointed by the Governor, with the advice and consent of 1 Intr SB 398 2026R2800S 2026R2801H the Senate, and shall hold office subject to the will and pleasure of the Governor.

NOTE:

The purpose of this bill is to modify the qualifications for State Health Officer, Commissioner of the Bureau for Public Health, and the Commissioner of the Bureau of Senior Services to attract and retain high quality talent in these positions.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.