Terms Used In West Virginia Code > Chapter 3 > Article 3A - Vote by Mail Pilot Program

• Act: means the West Virginia Medical Cannabis Act and the provisions contained in §. See West Virginia Code 16A-2-1
• Administrator: means a person having the authority and responsibility for operation of the syringe services program and serves as the contact for communication with the Director of the Harm Reduction Program. See West Virginia Code 16-64-1
• Advisory board: means the advisory board established under §. See West Virginia Code 16A-2-1
• Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation or transfusion. See West Virginia Code 16-65-2
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Applicant: means the entity applying for a license under this article. See West Virginia Code 16-64-1
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Auxiliary aids and services: means an aid or service that is used to provide information to a person with cognitive, intellectual, neurological, or physical disability and is available in a format or manner that allows the person to better understand the information and may include:

  (1) Qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments. See West Virginia Code 16-65-2

• board: means a board of health serving one or more counties or one or more municipalities or a combination thereof. See West Virginia Code 16-1-2
• Board of Review: means the board established in §. See West Virginia Code 16-64-1
• Bureau: means the Bureau for Public Health in the department. See West Virginia Code 16-1-2
• Bureau: means the Bureau for Public Health within the West Virginia Department of Health and Human Resources. See West Virginia Code 16A-2-1
• Caregiver: means the individual designated by a patient or, if the patient is under 18 years of age, an individual authorized under §. See West Virginia Code 16A-2-1
• Certified medical use: means the acquisition, possession, use, or transportation of medical cannabis by a patient, or the acquisition, possession, delivery, transportation, or administration of medical cannabis by a caregiver, for use as part of the treatment of the patient's serious medical condition, as authorized in a certification under this act, including enabling the patient to tolerate treatment for the serious medical condition. See West Virginia Code 16A-2-1
• Commissioner: means the State Tax Commissioner. See West Virginia Code 11-22-1
• Commissioner: means the Commissioner of the Bureau for Public Health. See West Virginia Code 16A-2-1
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuing care: means treating a patient, in the course of which the practitioner has completed a full assessment of the patient's medical history and current medical condition, including an in-person consultation with the patient, and is able to document and make a medical diagnosis based upon the substantive treatment of the patient. See West Virginia Code 16A-2-1
• Controlling interest: means :

  (A) For a publicly traded entity, voting rights that entitle a person to elect or appoint one or more of the members of the board of directors or other governing board or the ownership or beneficial holding of five percent or more of the securities of the publicly traded entity. See West Virginia Code 16A-2-1

• Covered entity: means :

  (1) Any licensed provider of health care services, including licensed health care practitioners, hospitals, nursing facilities, laboratories, intermediate care facilities, psychiatric residential treatment facilities, institutions for individuals with intellectual or developmental disabilities, and prison health centers. See West Virginia Code 16-65-2

• Department: means the West Virginia Department of Health and Human Resources: Provided, That beginning January 1, 2024, as used in this chapter, "department" and "Department of Health and Human Resources" means the Department of Health. See West Virginia Code 16-1-2
• Director: means the Director of the Office of Health Facility Licensure and Certification. See West Virginia Code 16-64-1
• Dispensary: means a person, including a natural person, corporation, partnership, association, trust, or other entity, or any combination thereof, which holds a permit issued by the bureau to dispense medical cannabis. See West Virginia Code 16A-2-1
• Election: shall mean the procedure whereby the voters of this state or any subdivision thereof elect persons to fill public offices, or elect members of a Constitutional convention, or vote on public questions. See West Virginia Code 3-1-2
• Financial institution: means a bank, a national banking association, a bank and trust company, a trust company, a savings and loan association, a building and loan association, a mutual savings bank, a credit union, or a savings bank. See West Virginia Code 16A-2-1
• Fixed site: means a building or single location where syringe exchange services are provided. See West Virginia Code 16-64-1
• Fund: means the Medical Cannabis Program Fund established in §. See West Virginia Code 16A-2-1
• Grower: means a person, including a natural person, corporation, partnership, association, trust, or other entity, or any combination thereof, which holds a permit from the bureau under this act to grow medical cannabis. See West Virginia Code 16A-2-1
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Harm reduction program: means a program that provides services intended to lessen the adverse consequences of drug use and protect public health and safety, by providing direct access to or a referral to: Syringe services program. See West Virginia Code 16-64-1
• HIV: means the etiologic virus of AIDS or Human Immunodeficiency Virus. See West Virginia Code 16-64-1
• License: means the document issued by the office authorizing the syringe services program to operate. See West Virginia Code 16-64-1
• Local health department: means a health department operated by local boards of health, created, established, and maintained pursuant to §. See West Virginia Code 16-64-1
• Location: means a site within the service area of a local health department. See West Virginia Code 16-64-1
• Medical cannabis: means cannabis for certified medical use as set forth in this act. See West Virginia Code 16A-2-1
• Medical cannabis organization: means a dispensary, grower, or processor. See West Virginia Code 16A-2-1
• Mobile site: means a location accessible by foot or vehicle that is not at a fixed indoor setting. See West Virginia Code 16-64-1
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Organ transplant: means the transplantation or transfusion of a part of a human body into the body of another for the purpose of treating or curing a medical condition. See West Virginia Code 16-65-2
• Patient: means an individual who:

  (A) Has a serious medical condition. See West Virginia Code 16A-2-1

• Permit: means an authorization issued by the bureau to a medical cannabis organization to conduct activities under this act. See West Virginia Code 16A-2-1
• Post-traumatic stress disorder: means a diagnosis made as part of continuing care of a patient by a medical doctor, licensed counselor, or psychologist. See West Virginia Code 16A-2-1
• practitioner: means a doctor of allopathic or osteopathic medicine who is fully licensed pursuant to the provisions of either §. See West Virginia Code 16A-2-1
• Processor: means a person, including a natural person, corporation, partnership, association, trust, or other entity, or any combination thereof, which holds a permit from the bureau under this act to process medical cannabis. See West Virginia Code 16A-2-1
• Qualified individual: means an individual who has a disability and meets the essential eligibility requirements for the receipt of an anatomical gift with or without any of the following:

  (1) Individuals or entities available to support and assist the person with an anatomical gift or transplantation. See West Virginia Code 16-65-2

• Registry: means the registry established by the bureau for practitioners. See West Virginia Code 16A-2-1
• Serious medical condition: means any of the following, as has been diagnosed as part of a patient's continuing care:

  (A) Cancer. See West Virginia Code 16A-2-1

• Service area: means the territorial jurisdiction of the syringe services program. See West Virginia Code 16-64-1
• Sharps waste: means used syringes and lancets. See West Virginia Code 16-64-1
• Staff: means a person who provides syringe services or harm reduction services on behalf of a program. See West Virginia Code 16-64-1
• Supported decision-making: includes use of a support person or persons in order to assist an individual in making medical decisions, communicate information to the individual, or ascertain an individual's wishes, including:

  (1) Inclusion of the individual's attorney-in-fact, health care proxy, or any person of the individual's choice in communications about the individual's medical care. See West Virginia Code 16-65-2

• Syringe: means both the needle and syringe used to inject fluids into the body. See West Virginia Code 16-64-1
• Syringe services program: means a community-based program that provides access to sterile syringes, facilitates safe disposal of used syringes, and is part of a harm reduction program. See West Virginia Code 16-64-1
• Syringe stick injury: means a penetrating wound from a syringe that may result in exposure to blood. See West Virginia Code 16-64-1
• Voter: shall mean any person who possesses the statutory and Constitutional qualifications for voting. See West Virginia Code 3-1-2