West Virginia 2018 Regular Session Status: Enacted

SB 165 — Authorizing DHHR promulgate legislative rules

Last action — Chapter 142, Acts, Regular Session, 2018

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 11, 2018. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

76 added · 80 removed

Plain-language change summary

The revised version of SB 165 expands the authority of the Department of Health and Human Resources to establish various rules related to health and safety, including those for hospitals, food establishments, public water systems, and emergency medical services. Previously, the bill only focused on hospital licensure. This broader scope matters because it allows for more comprehensive regulation of health-related services in West Virginia, which can help ensure better public safety and health standards across several sectors.

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NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « Senate Bill 165 History OTHER VERSIONS  —  Committee Substitute (1)  |  Introduced Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS SB165 SUB1 « Senate Bill 165 History OTHER VERSIONS  —  Enrolled Version - Final Version  |  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Senate Bill 165 Senator Maynard, original sponsor [Passed February 19, 2018;
Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for Senate Bill 165 By Senator Maynard [Originating in the Committee on the Judiciary;
in effect from passage]     AN ACT to amend and reenact §64-5-1 and §64-5-2 of the Code of West Virginia, 1931, as amended, relating generally to authorizing various health agencies to promulgate certain legislative rules as filed, modified, and amended by the Legislature;
reported on January 25, 2018]     A BILL to amend and reenact §64-5-1 and §64-5-2 of the Code of West Virginia, 1931, as amended, relating generally to authorizing various health agencies to promulgate certain legislative rules as filed, modified, and amended by the legislature;
authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to food establishments;
(b) The legislative rule filed in the State Register on July 28, 2017, authorized under the authority of §16-1-9a 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 October 25, 2017, relating to the Department of Health and Human Resources (public water systems, CSR 3), is authorized with the following amendment:
(b) The legislative rule filed in the State Register on July 28, 2017, authorized under the authority of §16-6-2 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 October 25, 2017, relating to the Department of Health and Human Resources (food establishments, 64 CSR 17), is authorized.
(c) The legislative rule filed in the State Register on July 28, 2017, authorized under the authority of §16-1-9a 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 October 25, 2017, relating to the Department of Health and Human Resources (public water systems, CSR 3), is authorized with the following amendment:
A public water system shall identify in its annual report to the Bureau the date and time of each instance where the fluoride levels were found to be outside the target range and how long it took to implement responsive adjustments.
A public water system shall identify in its annual report to the Bureau the date and time of each instance where the fluoride levels were found to be outside the target range and how long it took to implement responsive adjustments (d) The legislative rule filed in the State Register on July 28, 2017, authorized under the authority of §16-4C-6 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 11, 2017, relating to the Department of Health and Human Resources (emergency medical services, 64 CSR 48), is authorized.
(c) The legislative rule filed in the State Register on July 28, 2017, authorized under the authority of §16-4C-6 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 11, 2017, relating to the Department of Health and Human Resources (emergency medical services, 64 CSR 48), is authorized.
(e) The legislative rule filed in the State Register on July 27, 2017, authorized under the authority of §16-49-9 of this code, relating to the Department of Health and Human Resources (West Virginia clearance for access:
(d) The legislative rule filed in the State Register on July 27, 2017, authorized under the authority of §16-49-9 of this code, relating to the Department of Health and Human Resources (West Virginia clearance for access:
(e) The legislative rule filed in the State Register on July 28, 2017, authorized under the authority of §16-53-3 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 October 25, 2017, relating to the Department of Health and Human Resources (development of methodologies to examine needs for substance use disorder treatment facilities within the state, 69 CSR 13), is authorized with the following amendments:
(f) The legislative rule filed in the State Register on July 28, 2017, authorized under the authority of §16-53-3 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 October 25, 2017, relating to the Department of Health and Human Resources (development of methodologies to examine needs for substance use disorder treatment facilities within the state, 69 CSR 13), is authorized.
On page two, subdivision 2.6, by striking out the word “six” and inserting in lieu thereof the word “seven”;
(g) The legislative rule filed in the State Register on July 28, 2017, authorized under the authority of §16-5T-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 December 11, 2017, relating to the Department of Health and Human Resources (collection and exchange of data related to overdoses, 69 CSR 14), is authorized.
On page two, in subdivision 2.6.c, by striking out “Roane,”;
 (h) The legislative rule filed in the State Register on July 27, 2017, authorized under the authority of §49-2-121 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 October 4, 2017, relating to the Department of Health and Human Resources (child care centers licensing, 78 CSR 1), is authorized.
On page two, in subdivision 2.6.e, by striking out “Kanawha,” and “Clay,”;
(i) The legislative rule filed in the State Register on July 28, 2017, authorized under the authority of §49-2-121 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 October 4, 2017, relating to the Department of Health and Human Resources (family child care facility licensing requirements, 78 CSR 18), is authorized.
On page two, in subdivision 2.6.f, by striking out “Fayette,” and “Nicholas,”;
(j) The legislative rule filed in the State Register on July 27, 2017, authorized under the authority of §49-2-121 of this code, relating to the Department of Health and Human Resources (family child care home registration requirements, 78 CSR 19), is authorized.
and On page two, following subdivision 2.6.f, creating a new subdivision by inserting the following:
 (k) The legislative rule filed in the State Register on July 28, 2017, authorized under the authority of §49-2-121 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 11, 2017, relating to the Department of Health and Human Resources (informal and relative family child care home registration requirements, 78 CSR 20), is authorized.
“2.6.g.
(l) The legislative rule filed in the State Register on July 28, 2017, authorized under the authority of §49-2-121 of this code, relating to the Department of Health and Human Resources (out-of-school-time child care center licensing requirements, 78 CSR 21), is authorized.
Region 7:
(m) The legislative rule filed in the State Register on July 28, 2017, authorized under the authority of §9-3-6 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 11, 2017, relating to the Department of Health and Human Resources (pilot program for drug screening of applicants for cash assistance, 78 CSR 26), is authorized.
Clay, Fayette, Kanawha, Nicholas, and Roane counties.”.
(n) The legislative rule effective on October 10, 2013, authorized under the authority of §16-1-4 of this code, relating to the Department of Health and Human Resources (regulation of opioid treatment programs, 69 CSR 7), is repealed.
(f) The legislative rule filed in the State Register on July 28, 2017, authorized under the authority of §16-5T-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 December 11, 2017, relating to the Department of Health and Human Resources (collection and exchange of data related to overdoses, 69 CSR 14), is authorized.
 (g) The legislative rule filed in the State Register on July 27, 2017, authorized under the authority of §49-2-121 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 October 4, 2017, relating to the Department of Health and Human Resources (child care centers licensing, 78 CSR 1), is authorized.
(h) The legislative rule filed in the State Register on July 28, 2017, authorized under the authority of §49-2-121 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 October 4, 2017, relating to the Department of Health and Human Resources (family child care facility licensing requirements, 78 CSR 18), is authorized.
(i) The legislative rule filed in the State Register on July 27, 2017, authorized under the authority of §49-2-121 of this code, relating to the Department of Health and Human Resources (family child care home registration requirements, 78 CSR 19), is authorized.
 (j) The legislative rule filed in the State Register on July 28, 2017, authorized under the authority of §49-2-121 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 11, 2017, relating to the Department of Health and Human Resources (informal and relative family child care home registration requirements, 78 CSR 20), is authorized.
(k) The legislative rule filed in the State Register on July 28, 2017, authorized under the authority of §49-2-121 of this code, relating to the Department of Health and Human Resources (out-of-school-time child care center licensing requirements, 78 CSR 21), is authorized.
(l) The legislative rule filed in the State Register on July 28, 2017, authorized under the authority of §9-3-6 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 11, 2017, relating to the Department of Health and Human Resources (pilot program for drug screening of applicants for cash assistance, 78 CSR 26), is authorized.
(m) The legislative rule effective on October 10, 2013, authorized under the authority of §16-1-4 of this code, relating to the Department of Health and Human Resources (regulation of opioid treatment programs, 69 CSR 7), is repealed.
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Action History

  1. Chapter 142, Acts, Regular Session, 2018

  2. Approved by Governor 2/27/18 - House Journal

  3. Approved by Governor 2/27/18

  4. To Governor 2/23/18 - House Journal

  5. To Governor 2/23/18

  6. House received Senate message

  7. Completed legislative action

  8. Communicated to House

  9. Effective from passage (Roll No. 144)

  10. Senate concurred in House amendments and passed bill (Roll No. 144)

  11. House Message received

  12. Communicated to Senate

  13. Effective from passage (Roll No. 129)

  14. Title amendment adopted (Voice vote)

  15. Passed House (Roll No. 128)

  16. Read 3rd time

  17. On 3rd reading, Special Calendar

  18. Committee amendment adopted (Voice vote)

  19. Read 2nd time

  20. On 2nd reading, Special Calendar

  21. Read 1st time

  22. On 1st reading, Special Calendar

  23. With amendment, do pass

  24. To House Judiciary

  25. To Judiciary

  26. Introduced in House

  27. Ordered to House

  28. Effective from passage (Roll No. 30)

  29. Passed Senate (Roll No. 30)

  30. Read 3rd time

  31. On 3rd reading

  32. Read 2nd time

  33. On 2nd reading

  34. Read 1st time

  35. On 1st reading

  36. Committee substitute reported

  37. To Judiciary

  38. Reported do pass, but first to Judiciary

  39. To Health and Human Resources

  40. Introduced in Senate

  41. To Health and Human Resources then Judiciary

  42. Filed for introduction

Sponsors

  • Maynard · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 151 not signed on · 1 voted No

Sponsors (1)

  • Maynard

Co-sponsors (0)

None.

Not signed on (151)

151 members have not signed on to this bill.

Show all 151 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

EFFECT FROM PASSAGE

Passed 96 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 25001
Unaffiliated 67003
Democrat 4000
Total 96004
% of votes cast 96%0%0%4%
How each member voted (100)
Member Party Vote
Maynard — Yea
Hamrick — Yea
Sponaugle — Yea
Romine, C. — Not Voting
Lane — Yea
Romine, R. — Yea
Foster — Yea
Blair — Yea
Martin — Yea
Atkinson — Yea
Bates — Yea
Boggs — Yea
Brewer — Yea
Fast — Yea
Folk — Yea
Frich — Yea
Isner — Not Voting
Kessinger — Yea
Love — Yea
Lovejoy — Yea
Marcum — Yea
Robinson — Yea
Rowan — Yea
Rowe — Yea
Shott — Yea
Capito — Yea
Caputo — Yea
Sypolt — Yea
Hartman — Yea
Thompson — Yea
Nelson — Yea
Walters — Yea
Diserio — Yea
Phillips — Yea
Evans, A. — Yea
Evans, E. — Yea
Speaker Armstead — Yea
Espinosa — Yea
Harshbarger — Yea
Higginbotham — Yea
Hill — Yea
Householder — Yea
Iaquinta — Yea
Miley — Yea
Overington — Yea
Paynter — Yea
Pethtel — Yea
Pyles — Yea
Storch — Yea
Upson — Yea
Wagner — Yea
Ambler — Yea
Byrd — Yea
Canestraro — Yea
Cowles — Not Voting
Deem — Yea
Ferro — Yea
Fleischauer — Yea
Graves — Yea
Hicks — Yea
Hollen — Yea
Longstreth — Yea
Lynch — Yea
Moye — Yea
Pack — Yea
Rodighiero — Yea
Sobonya — Yea
Summers — Yea
Westfall — Yea
Wilson — Yea
John Williams Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Bill Hamilton Republican Yea
D. Rolland Jennings Republican Yea
Erica Moore Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
George Miller Republican Yea
Guy Ward Republican Yea
Jason Barrett Republican Yea
Jeff Campbell Republican Yea
Jeff Eldridge Republican Yea
Jim Butler Republican Yea
Joe Ellington Republican Not Voting
Joe Statler Republican Yea
Lisa White Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Pat McGeehan Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Stanley Adkins Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

PASSAGE

Passed 93 Yea · 3 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 65203
Democrat 3100
Republican 25001
Total 93304
% of votes cast 93%3%0%4%
How each member voted (100)
Member Party Vote
Romine, C. — Not Voting
Fast — Yea
Isner — Not Voting
Kessinger — Yea
Atkinson — Yea
Lane — Yea
Romine, R. — Yea
Foster — Yea
Blair — Yea
Martin — Yea
Bates — Yea
Ferro — Yea
Folk — Yea
Frich — Yea
Love — Yea
Lynch — Yea
Marcum — Yea
Shott — Yea
Sobonya — Yea
Walters — Nay
Brewer — Yea
Byrd — Yea
Canestraro — Yea
Capito — Yea
Hamrick — Yea
Harshbarger — Yea
Hicks — Yea
Overington — Yea
Sponaugle — Yea
Storch — Yea
Summers — Yea
Upson — Yea
Wagner — Yea
Maynard — Yea
Sypolt — Yea
Thompson — Yea
Hartman — Yea
Nelson — Yea
Diserio — Yea
Phillips — Yea
Speaker Armstead — Yea
Evans, A. — Yea
Evans, E. — Yea
Espinosa — Yea
Hill — Yea
Hollen — Yea
Householder — Yea
Pack — Yea
Paynter — Yea
Pethtel — Yea
Pyles — Yea
Robinson — Yea
Wilson — Yea
Ambler — Yea
Boggs — Yea
Caputo — Yea
Cowles — Not Voting
Deem — Yea
Fleischauer — Yea
Graves — Yea
Higginbotham — Yea
Iaquinta — Yea
Longstreth — Nay
Lovejoy — Yea
Miley — Yea
Moye — Yea
Rodighiero — Yea
Rowan — Yea
Rowe — Yea
Westfall — Yea
John Williams Democrat Yea
Mike Pushkin Democrat Nay
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Bill Hamilton Republican Yea
D. Rolland Jennings Republican Yea
Erica Moore Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
George Miller Republican Yea
Guy Ward Republican Yea
Jason Barrett Republican Yea
Jeff Campbell Republican Yea
Jeff Eldridge Republican Yea
Jim Butler Republican Yea
Joe Ellington Republican Not Voting
Joe Statler Republican Yea
Lisa White Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Pat McGeehan Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Stanley Adkins Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

Passage

Passed 34 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 31000
Republican 3000
Total 34000
% of votes cast 100%0%0%0%
How each member voted (34)
Member Party Vote
ARVON — Yea
GAUNCH — Yea
RUCKER — Yea
JEFFRIES — Yea
SMITH — Yea
BALDWIN — Yea
KARNES — Yea
STOLLINGS — Yea
BEACH — Yea
MANN — Yea
SWOPE — Yea
BLAIR — Yea
MARONEY — Yea
SYPOLT — Yea
BOLEY — Yea
MAYNARD — Yea
TAKUBO — Yea
BOSO — Yea
OJEDA — Yea
TRUMP — Yea
PALUMBO — Yea
UNGER — Yea
CLINE — Yea
PLYMALE — Yea
WELD — Yea
PREZIOSO — Yea
WOELFEL — Yea
FACEMIRE — Yea
ROMANO — Yea
MR PRESIDENT — Yea
FERNS — Yea
Charles H. Clements Republican Yea
Mike Azinger Republican Yea
Sarah Drennan Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors SB 165?
SB 165 is sponsored by Maynard.
What is the current status of SB 165?
This bill has been enacted into law. Introduced January 11, 2018. Enacted.
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