WEST virginia legislature
2025 regular session
Second Enrolled
Committee Substitute
for
Senate Bill 369
By Senator Woodrum
[Passed April 4, 2025; in effect from passage]
AN ACT to amend and reenact §64-9-1 et seq. of the Code of West Virginia, 1931, as amended, relating to authorizing certain miscellaneous agencies and boards to promulgate legislative rules; authorizing the rules as filed, as modified, and as amended by the Legislative Rule-Making Review Committee, and as amended by the Legislature; authorizing the Department of Agriculture to promulgate a legislative rule relating to state aid for fairs and festivals; authorizing the Department of Agriculture to promulgate a legislative rule relating to the inspection of meat and poultry; authorizing the Department of Agriculture to promulgate a legislative rule relating to licensing and other fees; authorizing the Department of Agriculture to promulgate a legislative rule relating to manufacture-grade milk; authorizing the Department of Agriculture to promulgate a legislative rule relating to employment reference and inquiries and background checks; authorizing the Department of Agriculture to promulgate a legislative rule relating to fish processing; authorizing the Department of Agriculture to promulgate a legislative rule relating to select plant-based derivatives and select plant-based derivative products; authorizing the Department of Agriculture to promulgate a legislative rule relating to the Rural Rehabilitation Program; authorizing the Department of Agriculture to promulgate a legislative rule relating to raw milk; authorizing the Board of Architects to promulgate a legislative rule relating to registration of architects; authorizing the Board of Architects to promulgate a legislative rule relating to fees for registration of architects; authorizing the State Auditor to promulgate a legislative rule relating to Local Government Purchasing Card Program; authorizing the State Auditor to promulgate a legislative rule relating to private trust companies; authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to the operation of barber, cosmetology, nail technology, aesthetic, hair styling, and waxing salons and schools; authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to the schedule of fees; authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to the schedule of fines; authorizing the Board of Chiropractic Examiners to promulgate a legislative rule relating to consideration of prior criminal convictions in initial licensure determinations; authorizing the Board of Dentistry to promulgate a legislative rule relating to continuing education requirements; authorizing the Board of Dentistry to promulgate a legislative rule relating to mobile dental facilities and portable dental units; authorizing the Election Commission to promulgate a legislative rule relating to the regulation of campaign finance; authorizing the Board of Funeral Service Examiners to promulgate a legislative rule relating to funeral director, embalmer, apprentice, courtesy card holders, and funeral establishment requirements; authorizing the Massage Therapy Licensure Board to promulgate a legislative rule relating to general provisions; authorizing the Board of Medicine to promulgate a legislative rule relating to waiver of initial licensing fees for certain initial licensure applicants; authorizing the Board of Occupational Therapy to promulgate a legislative rule relating to fees for services rendered by the board; authorizing the Board of Occupational Therapy to promulgate a legislative rule relating to competency standards for advanced practice by occupational therapists and occupational therapy assistants; authorizing the Board of Occupational Therapy to promulgate a legislative rule relating to request for waiver of licensing fees for certain individuals; authorizing the Board of Occupational Therapy to promulgate a legislative rule relating to consideration of prior criminal convictions in initial licensure determinations; authorizing the Board of Occupational Therapy to promulgate a legislative rule relating to telehealth practice requirements and definitions; authorizing the Board of Osteopathic Medicine to promulgate a legislative rule relating to a waiver of initial licensing fees for certain initial licensure applicants; authorizing the Board of Pharmacy to promulgate a legislative rule relating to licensure and practice of pharmacy; authorizing the Board of Pharmacy to promulgate a legislative rule relating to the Uniform Controlled Substances Act; authorizing the Board of Pharmacy to promulgate a legislative rule relating to regulations governing pharmacy permits; authorizing the Board of Pharmacy to promulgate a legislative rule relating to the application of waiver of initial licensing fees for certain individuals; authorizing the Board of Examiners of Psychologists to promulgate a legislative rule relating to consideration of prior criminal convictions in initial licensure determinations and application for waiver of initial licensing fees for certain individuals; authorizing the Real Estate Appraiser Licensing and Certification Board to promulgate a legislative rule relating to requirements for licensure and certification; authorizing the Real Estate Appraiser Licensing and Certification Board to promulgate a legislative rule relating to renewal of licensure or certification; authorizing the Real Estate Appraiser Licensing and Certification Board to promulgate a legislative rule relating to requirements for registration and renewal of appraisal management companies; authorizing the Real Estate Commission to promulgate a legislative rule relating to licensing real estate brokers, associate brokers, and salespersons and the conduct of brokerage business; authorizing the Real Estate Commission to promulgate a legislative rule relating to the application for waiver of initial licensing fees for certain individuals; authorizing the Real Estate Commission to promulgate a legislative rule relating to consideration of prior criminal convictions in initial license eligibility determination; authorizing the Board of Respiratory Care to promulgate a legislative rule relating to criteria for licensure; authorizing the Board of Respiratory Care to promulgate a legislative rule relating to consideration of prior criminal convictions in initial licensure determinations; authorizing the Board of Respiratory Care to promulgate a legislative rule relating to telehealth practice requirements and definitions; authorizing the Board of Sanitarians to promulgate a legislative rule relating to the practice of public health sanitation; authorizing the Board of Examiners for Speech-Language Pathology and Audiology to promulgate a legislative rule relating to speech-language pathology and audiology assistants; authorizing the State Conservation Committee to promulgate a legislative rule relating to the State Conservation Committee Grant Program; and authorizing the Hope Scholarship Board to promulgate a legislative rule relating to the Hope Scholarship Program.
Be it enacted by the Legislature of West Virginia:
## ARTICLE 9. Authorization for miscellaneous boards and agencies to promulgate legislative rules.
On page 5, by striking out all of subsection 9.1. and inserting in lieu thereof a new subsection 9.1. to read as follows:
9.1. The following provisions apply to current employees and individuals seeking employment at the WVDA who have not been previously employed by the Department.;
On page 5, paragraph 9.1.a.4., after the word “his” by inserting the words “or her”;
And,
On page 5, subdivision 9.1.b., after the word “or” by inserting the word “an”.
On page 19, by adding a new subsection designated 21.4. to read as follows:
“21.4. Up to 20,000 pounds of fish per calendar year slaughtered and/or processed at an official plant are exempt from the antemortem, postmortem, and processing inspection, provided that the fish are slaughtered and processed at an establishment licensed by the Commissioner of Agriculture and approved for fish slaughter operations.”
On page 20, subdivision 13.3.c. after the word “hemp” by inserting the words “and kratom”.
(a) The legislative rule filed in the State Register on August 2, 2024, authorized under the authority of §30-12-1 of this code, modified by the Board of Architects to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on August 28, 2024, relating to the Board of Architects (registration of architects, 2 CSR 01), is authorized.
(b) The legislative rule filed in the State Register on August 13, 2024, authorized under the authority of §31I-1-13 of this code, modified by the State Auditor to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 17, 2024, relating to the State Auditor (private trust companies, 155 CSR 12), is authorized with the following amendment:
On page 1, by striking out all of subsection 1.6. and inserting in lieu thereof a new subsection 1.6. to read as follows:
1.6. Confidentiality. – Notwithstanding any provision to the contrary in Chapter 29B of the W. Va. Code, none of the following, which are submitted as part of any application for licensure under this Title, shall be subject to disclosure under the provisions of the Freedom of Information Act of the State of West Virginia or otherwise: any Form WVSAO-PTC-Bio, "Biographical Report," incorporated by reference in W. Va. Code R. 155-12-9.6, provided as Exhibit E or F to Form WVSAO-PTC-01 or otherwise; any list of Family Members or list of current or former employees provided as Exhibit H to Form WVSAO-PTC-01 or otherwise; and any Genealogical Chart provided as Exhibit I to Form WVSAO-PTC-01 or otherwise.
(a) The legislative rule filed in the State Register on March 22, 2024, authorized under the authority of §6-9-2a of this code, relating to the State Auditor (Local Government Purchasing Card Program, 155 CSR 06), is authorized.
(b) The legislative rule filed in the State Register on August 13, 2024, authorized under the authority of §31I-1-13 of this code, modified by the State Auditor to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 17, 2024, relating to the State Auditor (private trust companies, 155 CSR 12), is authorized.
(a) The legislative rule filed in the State Register on August 14, 2024, authorized under the authority of §30-27-6 of this code, modified by the Board of Barbers and Cosmetologists to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 10, 2024, relating to the Board of Barbers and Cosmetologists (operation of barber, cosmetology, nail technology, aesthetic, hair styling, and waxing salons and schools, 3 CSR 05), is authorized.
(b) The legislative rule filed in the State Register on August 20, 2024, authorized under the authority of §30-27-6 of this code, modified by the Board of Barbers and Cosmetologists to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 11, 2024, relating to the Board of Barbers and Cosmetologists (schedule of fees, 3 CSR 06), is authorized.
(c) The legislative rule filed in the State Register on August 20, 2024, authorized under the authority of §30-1-8 of this code, modified by the Board of Barbers and Cosmetologists to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 8, 2024, relating to the Board of Barbers and Cosmetologists (schedule of fines, 3 CSR 07), is authorized.
The legislative rule filed in the State Register on October 18, 2024, authorized under the authority of §30-1-24 of this code, relating to the Board of Chiropractic Examiners (consideration of prior criminal convictions in initial licensure determinations, 4 CSR 08), is authorized.
“On page 8, subdivision 3.9.2., after the word “least”, by striking out the number “3” and inserting in lieu thereof the number “2”;
And,
On page 8, subdivision 3.9.2., by striking out the following “drug diversion training and best practice prescribing of controlled substances training and training on prescribing and administration of an opioid antagonist “ and inserting in lieu thereof “infection control training”.”
(b) The legislative rule filed in the State Register on July 22, 2024, authorized under the authority of §30-4-6 of this code, modified by the Board of Dentistry to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 15, 2024, relating to the Board of Dentistry (mobile dental facilities and portable dental units, 5 CSR 14), is authorized.
The legislative rule filed in the State Register on August 30, 2024, authorized under the authority of §3-1A-5 of this code, modified by the Election Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on January 3, 2025, relating to the Election Commission (regulation of campaign finance, 146 CSR 03), is authorized with the amendments set forth below:
On page 6, by striking out all of paragraph 2.28.2.e.;
On page 13, subsection 6.5. by striking out the words "or candidate's leadership PAC"
On page 22, subdivision 13.2.1. by striking out the words "including a leadership PAC";
And,
On page 28, by striking out all of subsection 14.8. and inserting in lieu there of a new subsection 14.8. to read as follows:
14.8. Candidate PAC Activities; Prohibitions:
14.8.1. A candidate seeking or an individual holding statewide or legislative office may:
14.8.1.a. Be the principal officer, treasurer, fundraiser, or decision maker for a PAC;
14.8.1.b. Receive contributions to the PAC: Provided, that contributions received are subject to the contribution limitations in W. Va. Code § 3-8-5c and the regulation of coordinated expenditures in W. Va. Code § 3-8-9a and subsection 14.2 of this Section;
14.8.1.c. Receive reimbursement for travel and other expenses incurred in the performance of duties for the PAC, and for purchases made on behalf of the PAC: Provided, that no reimbursement shall be made for any activities that would constitute personal use or prohibited expenditures; and
14.8.1.d. Sponsor another candidate or individual holding statewide or legislative office for non-campaign political activities as follows:
The legislative rule filed in the State Register on August 29, 2024, authorized under the authority of §30-6-6 of this code, modified by the Board of Funeral Service Examiners to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 22, 2024, relating to the Board of Funeral Service Examiners (funeral director, embalmer, apprentice, courtesy card holders, and funeral establishment requirements, 6 CSR 01), is authorized.
The legislative rule filed in the State Register on August 30, 2024, authorized under the authority of §30-37-6 of this code, relating to the Massage Therapy Licensure Board (general provisions, 194 CSR 01), is authorized.
The legislative rule filed in the State Register on April 1, 2024, authorized under the authority of §30-1-23 of this code, relating to the Board of Medicine (waiver of initial licensing fees for certain initial licensure applicants, 11 CSR 13), is authorized.
(a) The legislative rule filed in the State Register on June 4, 2024, authorized under the authority of §30-28-7 of this code, relating to the Board of Occupational Therapy (fees for services rendered by the Board, 13 CSR 03), is authorized.
(b) The legislative rule filed in the State Register on June 4, 2024, authorized under the authority of §30-28-7 of this code, modified by the Board of Occupational Therapy to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on August 29, 2024, relating to the Board of Occupational Therapy (competency standards for advanced practice by occupational therapists and occupational therapy assistants, 13 CSR 05), is authorized.
(c) The legislative rule filed in the State Register on January 10, 2024, authorized under the authority of §30-28-6 of this code, relating to the Board of Occupational Therapy (request for waiver of licensing fees for certain individuals, 13 CSR 07), is authorized.
(d) The legislative rule filed in the State Register on January 10, 2024, authorized under the authority of §30-28-7 of this code, modified by the Board of Occupational Therapy to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on August 29, 2024, relating to the Board of Occupational Therapy (consideration of prior criminal convictions in initial licensure determinations, 13 CSR 08), is authorized.
(e) The legislative rule filed in the State Register on June 4, 2024, authorized under the authority of §30-1-26 of this code, modified by the Board of Occupational Therapy to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on August 29, 2024, relating to the Board of Occupational Therapy (telehealth practice, requirements, and definitions, 13 CSR 09), is authorized.
The legislative rule filed in the State Register on November 15, 2023, authorized under the authority of §30-1-23 of this code, relating to the Board of Osteopathic Medicine (waiver of initial licensing fees for certain initial licensure applicants, 24 CSR 08), is authorized.
(a) The legislative rule filed in the State Register on August 29, 2024, authorized under the authority of §30-5-7 of this code, modified by the Board of Pharmacy to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 16, 2024, relating to the Board of Pharmacy (licensure and practice of pharmacy, 15 CSR 01), is authorized.
(b) The legislative rule filed in the State Register on August 29, 2024, authorized under the authority of §60A-3-301 of this code, modified by the Board of Pharmacy to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 16, 2024, relating to the Board of Pharmacy (Uniform Controlled Substances Act, 15 CSR 02), is authorized.
(c) The legislative rule filed in the State Register on August 29, 2024, authorized under the authority of §30-5-7 of this code, modified by the Board of Pharmacy to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 16, 2024, relating to the Board of Pharmacy (regulations governing pharmacy permits, 15 CSR 15), is authorized.
(d) The legislative rule filed in the State Register on July 24, 2024, authorized under the authority of §30-1-23 of this code, relating to the Board of Pharmacy (application of waiver of initial licensing fees for certain individuals, 15 CSR 18), is authorized.
The legislative rule filed in the State Register on August 13, 2024, authorized under the authority of §30-21-6 of this code, modified by the Board of Examiners of Psychologists to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on August 28, 2024, relating to the Board of Examiners of Psychologists (consideration of prior criminal convictions in initial licensure determinations and application for waiver of initial licensing fees for certain individuals, 17 CSR 07), is authorized.
(a) The legislative rule filed in the State Register on August 30, 2024, authorized under the authority of §30-38-9 of this code, modified by the Real Estate Appraiser Licensing and Certification Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 7, 2024, relating to the Real Estate Appraiser Licensing and Certification Board (requirements for licensure and certification, 190 CSR 02), is authorized.
(b) The legislative rule filed in the State Register on August 30, 2024, authorized under the authority of §30-38-9 of this code, modified by the Real Estate Appraiser Licensing and Certification Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 7, 2024, relating to the Real Estate Appraiser Licensing and Certification Board (renewal of licensure or certification, 190 CSR 03), is authorized.
(c) The legislative rule filed in the State Register on August 30, 2024, authorized under the authority of §30-38-9 of this code, modified by the Real Estate Appraiser Licensing and Certification Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 7, 2024, relating to the Real Estate Appraiser Licensing and Certification Board (requirements for registration and renewal of appraisal management companies, 190 CSR 05), is authorized.
On page 2, subsection 3.1., by striking out the word “biannual” and inserting in lieu thereof the word “biennial”.
(b) The legislative rule filed in the State Register on June 27, 2024, authorized under the authority of §30-1-23 of this code, relating to the Real Estate Commission (application for waiver of initial licensing fees for certain individuals, 174 CSR 06), is authorized with the amendment set forth below:
On page 2, subdivision 2.7. by striking out “§30-1-22” and inserting in lieu thereof “§30-01-23”.
(c) The legislative rule filed in the State Register on August 9, 2024, authorized under the authority of §30-1-24 of this code, relating to the Real Estate Commission (consideration of prior criminal convictions in initial license eligibility determination, 174 CSR 07), is authorized.
On page 1, by striking out all of subsection 2.4.;
On page 1, paragraph 3.1.2., by striking out the words "On or after July 1, 2022 holds" and inserting in lieu thereof the word "Holds".;
On page 1, paragraph 3.1.3., by striking out the words "Prior to July 1, 2022 holds" and inserting in lieu thereof the word "Holds".;
On page 2, subsection 3.3, by deleting the subsection in its entirety.;
On page 2, subsection 4.1, after the words "Respiratory therapists" by striking out the words "licensed prior to July 1, 2022,".;
And,
On page 2, subsection 4.2, by striking out the subsection in its entirety.
(b) The legislative rule filed in the State Register on February 27, 2024, authorized under the authority of §30-1-23 of this code, modified by the Board of Respiratory Care to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 9, 2024, relating to the Board of Respiratory Care (consideration of prior criminal convictions in initial licensure determinations, 30 CSR 10), is authorized.
(c) The legislative rule filed in the State Register on January 26, 2024, authorized under the authority of §30-1-26 of this code, modified by the Board of Respiratory Care to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 9, 2024, relating to the Board of Respiratory Care (telehealth practice requirements and definitions, 30 CSR 11), is authorized with the amendment set forth below:
On page 2, subdivision 5.2.4. by striking out the word “statue” and inserting in lieu thereof the word “statute”;
And,
On page 3, after "§30-11-6." by inserting the words "Authorized Procedures.”.
The legislative rule filed in the State Register on August 30, 2024, authorized under the authority of §30-17-6 of this code, modified by the Board of Sanitarians to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 18, 2024, relating to the Board of Sanitarians (the practice of public health sanitation, 20 CSR 04), is authorized.
The legislative rule filed in the State Register on July 22, 2024, authorized under the authority of §30-32-7 of this code, modified by the Board of Examiners for Speech-Language Pathology and Audiology to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 14, 2024, relating to the Board of Examiners for Speech-Language Pathology and Audiology (speech-language pathology and audiology assistants, 29 CSR 02), is authorized.
The legislative rule filed in the State Register on October 30, 2023, authorized under the authority of §19-21A-4 of this code, relating to the State Conservation Committee (State Conservation Committee grant program, 63 CSR 03), is authorized.
The legislative rule filed in the State Register on August 9, 2024, authorized under the authority of §18-31-9 of this code, modified by the Hope Scholarship Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 20, 2024, relating to the Hope Scholarship Board (Hope Scholarship Program, 112 CSR 18), is authorized.
The Clerk of the Senate and the Clerk of the House of Delegates hereby certify that the foregoing bill is correctly enrolled.
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Clerk of the Senate
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Clerk of the House of Delegates
Originated in the Senate.
In effect from passage.
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President of the Senate
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Speaker of the House of Delegates
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The within is ................................................ this the...........................................
Day of ..........................................................................................................., 2025.
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Governor