HB 4215: Department of Health Rules Bundle - West Virginia

hb4215 s jud am _1 adopted.htm → hb4215 s jud amt adopted.htm · 7 edits

MODERATE

The bill was amended to change its title from a specific amendment to water well regulations into a comprehensive omnibus bill authorizing multiple Department of Health, Office of Inspector General, and Health Facilities legislative rules. The substantive content regarding water well regulations was removed and replaced with detailed fee schedules for laboratory services, new provisions for public health advisory committees, and specific amendments to rules on partner therapy, diabetes education, and nursing home licensure.

Scope change

The bill's scope expanded from a single topic (water well regulations) to a broad authorization of numerous legislative rules across various health-related agencies, including the Office of Inspector General and Health Facilities.

SCOPE

The specific text authorizing and amending the water well regulations (Article 5) was completely removed from the bill.

New articles were added to authorize the Office of Inspector General to promulgate rules on nursing home licensure, medication administration delegation, assisted living residences, syringe services programs, and behavioral health centers.

REQUIREMENT

A new section was added to establish the membership and duties of the West Virginia Public Health Advisory Committee, defining how members are appointed and their responsibilities.

Requirements for assisted living facilities were modified to replace 'volunteers' with 'uncompensated direct access personnel' and to allow residents to use videoconferencing equipment under specific conditions.

TIMELINE

The expiration date for bacterial vaginosis and trichomoniasis treatment under expedited partner therapy was extended from 2027 to 2032.

DEFINITION

New definitions for 'serious injury' and 'videoconferencing' were added to the assisted living residences rule to clarify resident rights and facility obligations.

FISCAL

Detailed fee schedules were added for environmental chemistry, microbiology, and laboratory certification services, including specific costs for testing for bioterrorism agents and various organic compounds.

Committee Substitute → hb4215 s jud am _1 adopted.htm · 6 edits

MODERATE

This document is a legislative amendment that replaces the original text of HB 4215 with a comprehensive set of new rules for West Virginia's water well industry. The primary change is the establishment of a formal certification program for well drillers and pump installers, replacing previous informal standards. It introduces specific definitions for various well types, sets experience and education requirements for obtaining and maintaining licenses, and creates a new fee schedule for laboratory testing services.

Scope change

The bill's scope expanded from a general authorization to promulgate rules into a detailed regulatory framework covering the entire lifecycle of water well construction, operation, and abandonment, including specific certification classes for workers.

REQUIREMENT

Established a tiered certification system with three classes for well drillers (Master, Journeyman, Apprentice) and two classes for pump installers, requiring specific hours of experience and continuing education.

DEFINITION

Created detailed definitions for over 30 terms, including specific distinctions for heat pump wells, dewatering wells, and public water systems to clarify regulatory boundaries.

ENFORCEMENT

Mandated that all water well contractors carry a $5,000 bond and liability insurance, with forfeiture provisions for non-compliance or failure to complete wells.

TECHNICAL

Introduced a new, extensive fee schedule for the State Hygienic Laboratory covering environmental chemistry, microbiology, immunology, and bioterrorism testing.

TIMELINE

Set a sunset date of August 1, 2028, for the existing water well regulations, requiring them to be updated or repealed by that date.

ELIGIBILITY

Added provisions allowing property owners to install their own pumps if they pass a state-administered exam with a 70% score, rather than requiring a separate contractor certification.

Enrolled Committee Substitute → Committee Substitute · 5 edits

MODERATE

The bill text has been updated from its final enrolled version to the committee substitute version, which includes significant new content regarding water well regulations, laboratory fees, and health facility rules. This version expands the scope to include detailed definitions for well drilling, specific fee schedules for environmental testing, and new requirements for videoconferencing in assisted living facilities.

Scope change

The bill's scope has expanded to include comprehensive water well certification rules, detailed laboratory service fees, and specific amendments to assisted living and behavioral health licensing rules.

REQUIREMENT

Added detailed definitions for water well classifications (e.g., potable, industrial, geothermal) and certification requirements for well drillers and pump installers.

Added new requirements for videoconferencing equipment in assisted living residences, including privacy protocols and facility authorization.

FISCAL

Introduced a comprehensive schedule of fees for environmental chemistry, microbiology, and diagnostic immunology laboratory services.

DEFINITION

Modified the scope to include a new article authorizing rules for diabetes self-management education and Certificate of Need exemptions.

ENFORCEMENT

Added specific provisions regarding the revocation of certifications and the establishment of an advisory board for water well regulations.

Engrossed Committee Substitute → Enrolled Committee Substitute · 6 edits · Mar 9, 2026

MODERATE

The bill was transitioned from a draft committee version to the final enrolled version, adding a comprehensive list of new regulatory authorizations for the Department of Health, Office of Inspector General, and Department of Health Facilities. The most significant substantive change is the detailed inclusion of specific laboratory service fee schedules and the expansion of the Public Health Advisory Committee membership requirements.

Scope change

The bill's scope was expanded to explicitly include authorizations for clinical laboratory practitioner licensure, diabetes self-management education, and exemptions from Certificate of Need, which were only mentioned in the summary of the earlier draft.

REQUIREMENT

Added a detailed schedule of fees for environmental chemistry, microbiology, and immunology laboratory services.

Expanded the West Virginia Public Health Advisory Committee to include nine members with specific representation from local health departments and county associations.

Added new requirements regarding the use of videoconferencing equipment in assisted living resident rooms.

DEFINITION

Defined 'uncompensated direct access personnel' to replace the term 'volunteers' in assisted living residence rules.

Added a specific definition for 'serious injury' in the context of assisted living residences.

TIMELINE

Extended the sunset date for expedited partner therapy rules from 2027 to 2032.

Introduced Version → Engrossed Committee Substitute · 5 edits · Feb 27, 2026

MODERATE

The bill was significantly expanded from a single rule regarding water well regulations to a comprehensive package authorizing multiple state agencies to promulgate rules across public health, nursing homes, assisted living, and behavioral health. The original text focused solely on water well definitions and permits, while the new version adds authority for the Office of Inspector General and Department of Health Facilities to regulate nursing home licensure, medication administration tasks, assisted living standards, syringe services, and patient rights at mental health facilities.

Scope change

The bill's scope expanded from exclusively regulating water well drilling and pump installation to covering a wide range of healthcare services including nursing homes, assisted living residences, behavioral health centers, and syringe services programs.

SCOPE

Added authorization for the Office of Inspector General to create rules for nursing home licensure, delegation of medication tasks to assistive personnel, assisted living residences, syringe services programs, and behavioral health centers.

Added authorization for the Department of Health Facilities to create rules regarding patient rights at state-operated mental health facilities.

Expanded the bill's purpose from solely water well regulations to include lead abatement, emergency medical services, clinical laboratory licensure, and diabetes education.

REQUIREMENT

Introduced new regulatory frameworks for videoconferencing in assisted living residences and specific amendments to medication administration rules for insulin pens.

DEFINITION

Added numerous new definitions related to healthcare facilities, behavioral health, and patient rights that were not present in the original water well-focused text.

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