SB 398 West Virginia Senate · 2026 Regular Session

Removing full time requirement for health officers

SB 398 removes the requirement that the State Health Officer, Commissioner of the Bureau for Public Health, and Commissioner of the Bureau of Senior Services must work full-time and cannot hold other jobs. This bill amends West Virginia law (sections §16-1-5 and §16-5P-4) to eliminate the prohibition on these officials engaging in other business, occupations, or employment. The change aims to make these leadership roles more attractive to qualified candidates by allowing greater flexibility in their employment. The bill is currently pending in the Senate Health and Human Resources committee.

Bill status passed 3 of 5 stages cleared

Introduction

Jan 2026

Committee Review

Feb 2026

Senate Passage

Feb 2026

House of Delegates Passage

Governor

Introduced Jan 15, 2026 Last action Feb 19, 2026

Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version → Committee Substitute · 4 edits

MODERATE

This bill modifies the qualifications for key public health and senior services leadership positions in West Virginia. The changes clarify titles, adjust educational requirements for the Commissioner of the Bureau for Public Health, and update language around conflict of interest rules for the State Health Officer. These revisions aim to attract and retain qualified professionals in these critical roles.

Scope change

The bill's scope remains focused on modifying qualifications for State Health Officer, Commissioner of the Bureau for Public Health, and Commissioner of the Bureau of Senior Services positions.

ELIGIBILITY

Updated the educational requirements for the Commissioner of the Bureau for Public Health to require a doctorate degree in public health administration plus a master's degree in public health.

REQUIREMENT

Clarified and reorganized conflict of interest language for the State Health Officer, specifying they may not engage in business activities inconsistent with their duties.

DEFINITION

Changed the capitalization of 'State Health Officer' from lowercase to uppercase for consistency and formal designation.

TECHNICAL

Updated bill metadata including version labels, committee reporting dates, and session information to reflect the Committee Substitute version.

Floor votes · Senate Feb 18, 2026

How they voted

30–0

Passed · 3 other

Total votes 33

Feb 18, 2026

D Democratic2

2 Yea

100% Yea

R Republican31

28 Yea 3

90% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 19, 2026

Committee

To House Health and Human Resources

lower

Feb 19, 2026

Committee

To Health and Human Resources

lower

Feb 19, 2026

Introduced

Introduced in House

lower

Feb 18, 2026

Upper · Passed

Passed Senate (Roll No. 113)

upper

Feb 13, 2026

Upper · Passed

Committee substitute reported

upper

Jan 15, 2026

Introduced

Introduced in Senate

upper

Jan 15, 2026

Committee

To Health and Human Resources

upper

1 primary · 1 co-sponsor