West Virginia Code 16-5-3 – Department of Health and Human Resources to propose legislative rules
(a) The Department of Health and Human Resources shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to provide for:
Terms Used In West Virginia Code 16-5-3
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Dead body: means a human body or parts of a human body or bones from the condition of which it reasonably may be concluded that death occurred. See West Virginia Code 16-5-1
- Department: means the Department of Health and Human Resources. See West Virginia Code 16-5-1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fetal death: means death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy and which is not an induced termination of pregnancy, such death being indicated by the fact that after such expulsion or extraction the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord or definite movement of voluntary muscles. See West Virginia Code 16-5-1
- Filing: means the presentation and acceptance of a vital record or report provided in this article for registration by the section of vital statistics of the state Bureau for Public Health. See West Virginia Code 16-5-1
- Final disposition: means the burial, interment, cremation, removal from the state, or other authorized disposition of a dead body or fetus. See West Virginia Code 16-5-1
- Registration: means the process by which vital records are completed, filed and incorporated into the official records of the section of vital statistics. See West Virginia Code 16-5-1
- Research: means a systematic investigation designed primarily to develop or contribute to general knowledge. See West Virginia Code 16-5-1
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- System of vital statistics: means the registration, collection, preservation, amendment, certification of vital records, the collection of other reports required by this article, and related activities, including, but not limited to, the tabulation, analysis, publication and dissemination of vital statistics. See West Virginia Code 16-5-1
- Vital records: means certificates or reports and data related to birth, death, and marriage, including divorce, dissolution of marriage, and annulment. See West Virginia Code 16-5-1
(1) Adequate standards of security and confidentiality of vital records;
(2) Requirements for individuals in the state who may be designated by the state Registrar to aid in the administration of the system of vital statistics;
(3) Criteria for registration districts throughout the state;
(4) Requirements for the completion, filing, correction and amendment of certificates, reports and other documents required by this article;
(5) Requirements for registering a delayed certificate of birth, including provisions for dismissing an application which is not actively pursued;
(6) Inspection of evidence of adoption, annulment of adoption, legitimation or court determination of paternity;
(7) Completion of the medical certification of the cause of death;
(8) Record keeping requirements for receipt, removal, delivery, burial, cremation or other final disposition of a dead body or a fetus;
(9) Authorization for the disinterment and reinterment of a dead body or a fetus;
(10) Extension of prescribed time periods for the filing of certificates of death, reports of fetal death and authorizations for disposition and disinterment and reinterment, including authorization for disposition prior to filing a certificate of death;
(11) Disposal of original records from which permanent reproductions have been made;
(12) Disclosure of confidential information for administrative, statistical or research purposes;
(13) Release of records of birth, death, fetal death, marriage, divorce or annulment, subject to the provisions of section twenty-seven of this article;
(14) Authorization for preparing, issuing or obtaining copies of vital records;
(15) Requirements for matching and marking certificates of birth and death for the purpose of preventing the fraudulent use of birth certificates;
(16) Utilization of social security numbers to meet requirements of federal law;
(17) Requirements for a statewide system of registering, indexing and preserving records of marriage, divorce and annulment of marriage; and
(18) Any other purpose to carry out the requirements of this article.
(b) Any rules in effect as of the passage of this article will remain in effect until amended, modified, repealed or replaced, except that references to provisions of former enactments of this article are interpreted to mean provisions of this article.