House 4215

WEST virginia legislature

2026 regular session

Committee Substitute

for

House Bill 4215

BY Delegate D. Smith

[Originating in the Committee on Health and Human Resources; Reported on January 21, 2026]

A BILL to amend and reenact §64-5-1 et seq. of the Code of West Virginia, 1931, as amended, to amend and reenact §64-5B-1 et seq. of the Code, and to amend the Code by adding thereto a new article, designated §64-5C-1; relating to authorizing certain agencies of the Department of Health, the Office of Inspector General, and the Department of Health Facilities to promulgate legislative rules; authorizing the rules as filed, as modified, as amended, and as amended and modified by the Legislative Rule-Making Review Committee; authorizing the Department of Health to promulgate a legislative rule relating to water well regulations; authorizing the Department of Health to promulgate a legislative rule relating to lead abatement licensing; authorizing the Department of Health to promulgate a legislative rule relating to emergency medical services; authorizing the Department of Health to promulgate a legislative rule relating to fees for services; authorizing the Department of Health to promulgate a legislative rule relating to clinical laboratory practitioner licensure; authorizing the Department of Health to promulgate a legislative rule relating to distribution of state funds for support of local boards of health; authorizing the Department of Health to promulgate a legislative rule relating to basic public health service standards for local boards of health; authorizing the Department of Health to promulgate a legislative rule relating to diabetes self-management education; and authorizing the Department of Health to promulgate a legislative rule relating to the exemption from Certificate of Need; authorizing the Office of Inspector General to promulgate a legislative rule relating to nursing home licensure; authorizing the Office of Inspector General to promulgate a legislative rule relating to delegation of medication administration and health maintenance tasks to approved medication assistive personnel; authorizing the Office of Inspector General to promulgate a legislative rule relating to assisted living residences; authorizing the Office of Inspector General to promulgate a legislative rule relating to syringe services program licensure; authorizing the Office of Inspector General to promulgate a legislative rule relating to behavioral health centers licensure; and authorizing the Department of Health Facilities to promulgate a legislative rule relating to patient rights at state-operated mental health facilities.

Be it enacted by the Legislature of West Virginia:

ARTICLE 5. Authorization for Department of health to promulgate legislative rules.

§64- 5 - 1. Department of Health.

1. The legislative rule filed in the State Register on April 2, 2008, authorized under the authority of §16-1-4 of this code, relating to the Department of Health (water well regulations, 64 CSR 19), is authorized with the amendment set forth below:

By striking out everything after the section 1 heading and inserting in lieu thereof to read as follows:

1.1.  Scope.  --  This legislative rule establishes the certification requirements for water well drillers; pump installers, and the issuance of permits for water wells. The purpose is to protect the public health, protect and prevent contamination in groundwater, and ensure fair and equitable rules for the construction of water wells and installing pumps and pumping equipment in the State of West Virginia.

1.2.  Authority.  --  W. Va.  Code §§16-1-4, 16-1-6(n), 16-1-9, and 16-1-9a.

1.3.  Filing Date.  --   April 2, 2008.

1.4.  Effective Date.  --  April 2, 2008.

1.5.  Repeal and Replacement of Former Rules.  --  This legislative rule repeals and replaces Department of Health rule, Water Well Regulations, 64CSR19, 1989 Sunset Provision. --  This rule shall terminate and have no further force or effect on August 1, 2028.  

§64-19-2.  Application and Enforcement.

2.1. Application.  --  This rule applies to all water well drillers and pump installers where the pump is situated in a water well or pulls water from a well.

2.2.  Enforcement.  --  This rule shall be enforced by the Commissioner.

64-19-3.  Definitions.

3.1. Application.  --  The Bureau’s standard forms for applying for well driller and pump installer certification, water well permit, or permit modification, including any additions, revisions, or modifications to the form.

3.2.  Apprentice.  --  A person working under the direction of a master or journeyman well driller or a pump installer.

3.3.  Bureau.  --  The Bureau for Public Health in the West Virginia Department of Health and Human Resources.

3.4.  Casing.  --  Pipe or tubing, constructed of specific materials with specified dimensions and weights, that is installed in a borehole during or after completion of the borehole to support the side of the hole and thereby prevent caving, to allow completion of the well, to prevent formation material from entering the well, and to prevent entry of undesirable water into the well.

3.5.  Certified Well Driller.  --  An individual granted a written certificate by the Commissioner to drill, construct, alter, or abandon water wells who meets the requirements of this rule.

3.6.  Commercial Well -- A well that serves small businesses and facilities in which water is the prime ingredient of the service rendered.

3.7.  Commissioner.  --  The Commissioner of the West Virginia Bureau for Public Health or his or her designee.

3.8.  Continuing Education Hour.  --  One hour of participation in an organized continuing education experience under the direction of a sponsor approved by the Commissioner for renewal of a certification. One Continuing Education Hour is equal to one point.

3.9.  Design Standards.  --  Those specifications, drawings, and other details promulgated by the Commissioner to ensure proper location, design, construction, completion and abandonment of water wells and installation or removal of water pumps as referenced in the Bureau’s rules, Water Well Design Standards, 64CSR46, and Public Water System Design Standards, 64CSR77.

3.10.  Dewatering Well.  --  A well used to lower groundwater levels to allow for construction of footings, sewer lines, building foundations, dams, etc.

3.11.  Hand Dug Well.  --  A manually excavated well of a permanent nature installed for water supply.

3.12.  Heat Pump or Geothermal Well. -- Any well constructed to use the heat exchange properties of either groundwater or of geologic material penetrated by the well.

3.13.  Inactive Well. -- A well that is no longer actively used.  It shall have a sanitary well cap and remain in a state of repair to prevent contamination from entering the well.  It may be used in the future or be properly abandoned.

3.14.  Industrial Well.  --  A well used in industrial processing, fire protection, washing, packing, or manufacturing of a product excluding food and beverages, or similar non-potable uses.

3.15.  Irrigation Well.  --  A well used to provide water for plants, livestock, or other agricultural processes.

3.16.  Journeyman Well Driller.  --  A person certified by the Commissioner to practice well drilling under the general supervision of a master well driller.

3.17.  Master Well Driller.  --  A person certified by the Commissioner to practice well drilling including pump and pumping equipment installation, and removal, when maintenance or repair of a well is required.

3.18.  Person.  --  An individual, partnership, association, syndicate, company, firm, trust, corporation, government corporation, institution, department, division, bureau, agency, federal agency, or any other entity recognized by law.

3.19.  Potable Water.  --  Water free from impurities in amounts sufficient to cause disease or harmful physiological effects, with bacteriological, chemical, physical, and radiological quality conforming to applicable rules and standards of the Bureau for Public Health.

3.20.  Potable Water Well.  --  Any water well that provides potable water, other than a public water supply for human consumption.

3.21.  Public Water System.  --  Any water supply or system that regularly supplies or offers to supply water for human consumption through pipes or other constructed conveyances, if serving at least an average of twenty-five 25 individuals per day for at least sixty 60 days per year, or which has at least fifteen 15 service connections, and includes:

3.21.a. 3.21.1.  Any collection, treatment, storage, and distribution facilities under the control of the owner or operator of the system and used primarily in connection with the system; and

3.21.b. 3.21.2.  Any collection or pretreatment storage facilities not under such control which are used primarily in connection with the system.  

3.21.c. 3.21.3.  A public water system does not include a system which meets all of the following conditions:

3.21.c.1. 3.21.3.a.  It consists only of distribution and storage facilities and does not have any collection and treatment facilities;

3.21.c.2. 3.21.3.b.  It obtains all of its water from, but is not owned or operated by a public water system that otherwise meets the definition;

3.21.c.3. 3.21.3.c.  It does not sell water to any person; and

3.21.c.4. 3.21.3.d.  It is not a carrier conveying passengers in interstate commerce.  

3.22.  Pump.  --  Any mechanical equipment or device used to transfer water from a well.

3.23.  Pump Installation Contractor.  --  An entity that contracts or agrees to perform a service or function related to any portion of installing a pump or pumping equipment into a water well or public water supply in exchange for money or comparable compensation.

3.24.  Pump Installer.  --  Any person who engages for compensation in pump or pumping equipment installation, removal, alteration, or repair and who is certified by the Commissioner to practice pump and pumping equipment installation to withdraw water from a well.

3.25.  Pumping Equipment.  --  Equipment or related materials that are used or intended to assist withdrawing groundwater from a well, including seals and other safeguards to protect the water from contamination; associated fittings; intake and discharge piping; controls to provide sanitary water storage facilities; and deliver water to a distribution piping system.

3.26.  Test Wells (Exploratory/ Observation).  --  A well that is used to obtain information on groundwater quantity; quality; aquifer characteristics; and availability of production water supply for manufacturing, commercial, and industrial facilities.

3.27.  Water Return Well.  --  A well constructed for returning water that has passed through the heat pump system to the subsurface.  

3.28.  Water Well.  --  Any excavation or penetration in the ground, whether drilled, bored, cored, driven, washed, jetted, hand dug, or otherwise constructed that enters or passes through an aquifer for purposes that may include, but are not limited to, a potable water supply, exploration for water, industrial, irrigation, commercial, dewatering, or geothermal heat pump wells, and water return wells.  This definition shall not include ground water monitoring activities, and all activities for the exploration, development, production, storage, and recovery of coal, oil, and gas and other mineral resources regulated under Chapters 22, 22a, or 22b of the W. Va. Code.

3.29.  Water Well Contractor.  --  Any individual, partnership, syndicate, association, company, firm, trust, corporation, or any other entity that contracts to drill, construct, alter, or abandon water wells in the State of West Virginia.

3.30.  Well Completion Report.  --  A record, accurately kept at the time of drilling, showing the depth; thickness and character of the different strata penetrated; location of water-bearing strata; water level; depth; size, type, and amount of casing installed; location of the well; owner; driller; pump installer; date the well was completed; information on any permanent well pumping equipment installed by the well driller or pump installer; and any other information required by the Commissioner.

3.30.a. 3.30.1.  For geothermal and dewatering wells, one completion form, indicating well locations, is required for a system regardless of the number of wells.

3.30.b. 3.30.2.  If wells vary in depth or geology, a single representative geologic log for each type is required.  Water bearing zones, any voids, and coal seams or voids, or both penetrated shall be documented on the geologic log indicating appropriate depths.

3.31.  Well Driller.  --  An individual who engages in water well drilling, construction, alteration, or abandonment, or who supervises these activities.

§64-19-4.  Permits to Install.

4.1.  After the effective date of this rule, no No person shall drill, construct, alter, or abandon a water well unless the Commissioner, pursuant to this rule, has issued a valid permit, except where the emergency procedures set forth in subsection 4.3 of this rule apply.  

4.2.  A permit to drill, construct, alter, or abandon a water well shall be obtained jointly by the water well contractor and property owner.  Application for the permit shall be made at least fifteen 15 calendar days prior to the actual well drilling, construction, alteration, or abandonment unless emergency conditions prevail as set forth in subsection 4.3 of this rule.

4.3.  The following applies to emergency water well permits:

4.3.a. 4.3.1.  The Commissioner may issue an emergency water well permit to minimize actual or potential harm to human health, the environment, or property;

4.3.b. 4.3.2.  A certified well driller requesting an emergency permit under this section shall contact the Commissioner no later than the next business day after the emergency occurs.  The certified well driller shall submit a completed water well permit application and a well completion report to the Commissioner within five calendar days after the initial contact is made; and

4.3.b.1. 4.3.2.a.  The application shall include a clear and concise factual description of the nature and scope of the emergency.

4.3.c. 4.3.3.  The Commissioner, upon issuance of an emergency permit, shall assign to the well driller an emergency permit number and specify the date of approval. The well driller shall make the approved permit available for any on-site inspection by authorized representatives.

4.4.  Water wells shall be drilled, constructed, altered, or abandoned in accordance with the Bureau’s rules, Water Well Design Standards, 64CSR46, and Public Water Systems Design Standards, 64CSR77.  These standards constitute the minimum standards for the drilling, construction, alteration, or abandonment of a water well, pump, and pumping equipment.  Any plans approved by the Commissioner pursuant to this rule shall be in substantial compliance with this rule-mentioned standards.  Where applicable, an underground injection control permit shall be obtained from the West Virginia Department of Environmental Protection (DEP) in compliance with DEP’s rule, Underground Injection Control, 47CSR13, prior to construction for a water well.

4.5.  Application for a permit to construct, alter, and abandon water wells shall be made to the Commissioner on forms prescribed by the Commissioner. The master water well driller and property owner shall jointly sign this application.  By signing the application, the property owner acknowledges that the information provided on the application is true; the property owner is responsible for informing the certified well driller of the location of any known existing or proposed on-site sewage systems and ensuring that these systems are in compliance with all applicable state rules.

4.6.  In cases where a water well contractor is changed, the applicable permits shall be reissued to reflect these changes prior to construction.  No additional permit fee is required.

4.7.  In the event the permit application is denied, the Commissioner shall state, in writing, the one or more reasons for denial and furnish it to the applicant within fifteen 15 calendar days from receipt of the permit application.

4.8.  A permit, unless revoked, is valid for a period of one year from the date of issuance. In the event the construction or alteration is not completed within that time, the Commissioner may extend the time limit upon written request by the permittee.  If the water well is not constructed within the appropriate period, a new well permit shall be obtained from the Commissioner prior to the start of any well drilling activity pursuant to subsection 4.5 of this rule.

4.9.  The Commissioner may revoke or deny a permit to install if the applicant or permittee fails to comply with the provisions of the permit, any applicable provision of the rules, or orders issued pursuant thereto.  The revocation or denial shall be in writing and shall state the reasons for revocation or denial.

4.10.  Any person, whose application for a permit to construct a water well system that has been revoked or denied, may, within thirty 30 calendar days from receipt of the permit denial or revocation, request a hearing in accordance with section 14 of this rule.

4.11.  The following activities may be conducted by a certified well driller without an individual permit issued by the Commissioner:

4.11.a. 4.11.1.  The repair of any well, including redevelopment, cleaning, or screen replacements, provided that this does not include deepening of the well; and

4.11.b. 4.11.2.  Acidizing a well.

4.12.  The Commissioner may inspect the well site, well logging, grouting, and provide for taking of geologic or water samples, or both.

4.13.  The Commissioner may charge a fee for each permitting service listed in Appendix A of this rule.

4.14.  Upon issuance of a permit, the Commissioner shall provide the owner and contractor with information prepared by the Commissioner explaining the importance of water well sampling, the procedures for sampling, and how the water can be tested to assure a safe supply of water.

§64-19-5.  Records of Completed Water Wells.

5.1.  Within thirty (30) calendar days after the water well has been constructed, altered, or abandoned, the certified well driller shall submit a completion report to the Commissioner.  The date of construction and time of completion is the date and time the rig is removed or pulled off the borehole or well.  The certified well driller who actually performed the construction, alteration, or abandonment of the well or provided the on-site supervision of the well construction, alteration, or abandonment shall sign the completion report.  A master well driller is required to sign the completion report when a journeyman well driller conducts the on-site supervision and drilling.

5.2.  Completion reports shall be filed for pump installation. When the pumping equipment is installed after the record of completion has been submitted, the record shall be amended by the certified well driller or pump installer and resubmitted to the Commissioner within thirty 30 calendar days of installation of the pumping equipment. The certified well driller or pump installer who actually performed the installation of the pump system shall sign the amended record of completion.

5.2.a.  A completion report is not required for the repair of pumps or the replacement of pumps or pumping equipment if the depth of the setting and efficiency are not affected.

5.3.  The contractor shall provide two copies of the completion report to the Commissioner and one  copy of the completion report to the owner.

§64-19-6.  General Provisions for well driller certifications of the proper class and pump installer certifications.

6.1.  No person shall drill, construct, alter, or abandon any water well without possessing a valid West Virginia certification of the proper class issued by the Commissioner and complying with the applicable sections of this rule.

6.2.  No person shall install, repair, or replace a well pump or well pumping equipment or engage in that business without possessing a valid West Virginia certification of the proper class issued by the Commissioner and complying with applicable sections of this rule. A property owner may be allowed to install the pump system and sign the completion record if, prior to the installation, the property owner passes an examination administered by the Commissioner with a minimum score of seventy 70 percent.  This examination shall demonstrate the individual’s knowledge of the applicable rules.

6.3.  Well drillers shall be classified into one of three classes: master well driller; journeyman well driller; or an apprentice well driller.

6.3.a. 6.3.1.  A certified master well driller, after meeting the requirements of subsection 9.2 of this rule, may:

6.3.a.1. 6.3.1.a.  Drill, construct, install, repair, replace, alter, or abandon water wells, including public water supply wells;

6.3.a.2. 6.3.1.b.  Install or replace well pumping equipment and appurtenances, storage tanks   and connecting lines between a well and storage tank;

6.3.a.3. 6.3.1.c.  Perform yield and drawdown testing of wells; and supervise journeymen well drillers and apprentices;

6.3.a.4. 6.3.1.d.  Sign permit applications and certify that a well has been drilled, constructed, installed, repaired, modified, altered, or abandoned in conformance with all applicable state and well drill and pump installation standards;

6.3.a.5. 6.3.1.e.  Qualify as a candidate to be appointed to the Advisory Board;

6.3.a.6. 6.3.1.f.  Supervise journeymen and apprentices; and

6.3.a.7. 6.3.1.g.  Perform field observations to verify qualifications of applicants for all certifications covered by this rule.

6.3.b. 6.3.2.  A certified journeymen well driller, after meeting all of the requirements of subsection 9.2 of this rule, may:

6.3.b.1. 6.3.2.a.  Drill, construct, install, repair, replace, alter, or abandon a well, except a public water system’s supply wells;

6.3.b.2. 6.3.2.b.  Install or replace well pumping equipment and appurtenances, storage tanks, and connecting lines between a well and storage tank;

6.3.b.3. 6.3.2.c.  Perform yield and drawdown testing of wells; and

6.3.b.4. 6.3.2.d.  Supervise apprentices.

6.3.c. 6.3.3.  An apprentice may perform well drilling as a well driller only under the immediate on-site supervision of a master or journeyman well driller.

6.3.d. 6.3.4.  A journeyman or master well driller shall be on-site in direct charge of drilling, constructing, altering, or abandoning a water well.

6.4.  Pump installers shall be classified into two classes, as a certified pump installer or an apprentice.  

6.4.a. 6.4.1.  A certified pump installer, after meeting the requirements of subsection 9.2 of this rule, may:

6.4.a.1. 6.4.1.a.  Install or replace well pumping equipment and appurtenances, pressure tanks, and connecting lines between a well and storage tank;

6.4.a.2. 6.4.1.b.  Qualify as a candidate for appointment to the Advisory Board; and

6.4.a.3. 6.4.1.c.  Perform yield and drawdown testing of wells.

6.4.b. 6.4.2.  An apprentice may perform pump installations, and replace appurtenances, pressure tanks, and connecting lines while under the immediate on-site supervision of a master or journeyman well driller, or pump installer.

6.5.  A certified person pump installer or water well driller shall have in her or his possession a valid certification for the proper class at all times during any operations.

6.6.  A certified pump installer or water well driller may run power and control wiring from the disconnect box and breaker panel to water well equipment without obtaining an electrician’s license. A certification issued pursuant to this rule does not authorize the certificate holder to alter the existing electrical service to any building or structure or perform any other electrical work covered by any national, state, or local codes and ordinances, if the latter are more restrictive.

6.7.  A certified or licensed plumber may provide plumbing services as a plumbing contractor to install pressure switches, pressure tanks, valves, and pipes without holding certifications from the Commissioner. The certified or licensed plumber shall not break the well seal or alter, cut, or drill into the casing for the purpose of performing repairs to the pumping equipment or appurtenances, unless he or she is certified as a pump installer or passes an examination administered by the Commissioner with a minimum score of 70 percent and completes two hours of continuing education related to pump installation each year as evidenced by submission of a certificate of continuing education completion. This subsection shall not apply to wells utilized by public water systems.

6.8.  A certified or licensed electrician may do perform electrical contracting, repair, or install pressure switches, control boxes, and other electrical components of the pumping equipment without holding certifications issued by the Commissioner. The electrician shall adhere to these rules for the installation and may not break the well seal or alter, cut, or drill into the casing, unless the certified or licensed electrician is certified as a pump installer.

§64-19-7.  Application and Certification Examination Procedures and Fee Requirements.  

7.1.  An applicant for a West Virginia master well drilling certification shall:

7.1.a. 7.1.1.  Submit an application on the forms prescribed by the Commissioner pursuant to satisfying all experience and other requirements specified and provide evidence of the following:

7.1.a.1. 7.1.1.a.  The applicant shall demonstrate two years of relevant work experience with a minimum of three thousand 3,000 hours as a journeyman.  To demonstrate relevant experience, the applicant shall specify the dates of employment, description of the work, and provide the name of the supervising certified well driller;

7.1.a.2. 7.1.1.b.  The applicant shall demonstrate that he or she has resolved any revocation or suspension of a previously issued well drilling certification or of any outstanding violation or fine pursuant to the rule;

7.1.a.3. 7.1.1.c.  The applicant shall obtain a minimum grade of seventy 70 percent on each portion of the written examinations and perform a possible field test demonstrating the applicant’s expertise; and

7.1.a.4. 7.1.1.d.  The applicant shall be at least eighteen 18 years of age.

7.2.  An applicant for a West Virginia journeyman well drilling certification shall:

7.2.a. 7.2.1.  Submit an application on the forms prescribed by the Commissioner pursuant to satisfying all experience and other requirements specified and provide evidence of the following:

7.2.a.1. 7.2.1.a.  The applicant shall demonstrate relevant work experience of two years with a minimum of three thousand 3,000 hours as an apprentice under the supervision of a master or journeyman well driller.  To demonstrate relevant experience, the applicant shall specify the dates of employment, description of the work, and provide the name of the supervising certified well driller;

7.2.a.2. 7.2.1.b.  The applicant shall obtain a minimum grade of seventy 70 percent on each portion of the written examinations and a possible field test demonstrating the applicant’s expertise;

7.2.a.3. 7.2.1.c.  The applicant shall demonstrate he or she has resolved any revocation or suspension of a previously issued well drilling certification or of any outstanding violation or fine pursuant to the rule; and

7.2.a.4. 7.2.1.d.  The applicant shall be at least eighteen 18 year years of age.  Provided, That the Commissioner may waive the eighteen year age requirement if requested to do so, in writing, by the applicant, to a minimum age of sixteen 16 and completion of the 10^th grade.  The minimum age requirements are verified each semester that the student is currently attending school and maintaining a 2.0 average on a 4.0 scale towards graduation requirements.  Failure to meet this requirement is grounds for revocation of the certificate.

7.3.  An applicant for a West Virginia pump installer certification shall:

7.3.a. 7.3.1.  Submit an application on the form prescribed by the Commissioner pursuant to satisfying all experience and other requirements specified and provide evidence of the following:

7.3.a.1. 7.3.1.a.  The applicant shall demonstrate relevant work experience of two years’ experience with a minimum of one thousand 1,000 hours as an apprentice under the supervision of a pump installer or a master or journeyman well driller.  To demonstrate relevant experience, the applicant shall specify the dates of employment, description of the work, and provide the name of the supervising certified well driller or pump installer;

7.3.a.2. 7.3.1.b.  The applicant shall obtain a minimum grade of seventy 70 percent on each portion of the written examinations.

7.3.a.3. 7.3.1.c.  The applicant shall be at least eighteen 18 years of age. Provided, That, the Commissioner may waive the eighteen year age requirement if requested to do so, in writing, by the applicant, to a minimum age of sixteen 16 and completion of the 10^th grade.  The minimum age requirements are verified each semester that the student is currently attending school and maintaining a 2.0 average on a 4.0 scale towards graduation requirements.  Failure to meet this requirement is grounds for revocation of the certificate.

7.3.b. 7.3.2.  Pump installers actively engaged in pump installation on or before the effective date of this rule are exempt from the minimum experience and testing requirements.  Pump installers seeking to qualify under this provision shall, within one year of the effective date of the rule, submit evidence on the prescribed forms, of ten 10 pump installations completed within the past two years.  

7.4.  The Commissioner shall review each application upon receipt of all the information required and either notify the applicant of any deficiencies or notify the applicant of her or his eligibility to take the appropriate examination.  

7.5. The Commissioner shall notify, in writing, all applicants of the results of their examinations.

7.6.  The Commissioner shall issue the appropriate certification to successful applicants upon receipt of full payment of the appropriate initial certification fee.

7.7.  Certifications are not transferable or assignable and shall automatically become invalid upon suspension or revocation.

7.8.  Water well drillers with a valid current West Virginia water well certification actively engaged in well drilling on or before the effective date of this rule shall be classified as master well drillers. The Commissioner shall issue master well driller certification for these individuals as of the effective date of this rule and the certification shall be valid for one year from the date of issuance

7.9. 7.8.  An individual working to obtain the current West Virginia driller certification shall register with the Commissioner, on the prescribed forms, within one hundred and eighty 180 calendar days from the effective date of the rule.  The applicant is eligible to become a master water well driller if he or she has two years of experience, obtain a minimum grade of seventy 70 percent on each portion of one or more written examination for the certified master well driller and passes a possible field test demonstrating his or her expertise.

7.10. 7.9.  For an An individual who holds a legal certification or who has practiced well drilling in accordance with all laws and rules in a state that does not have comparable certification classes, the applicant shall have acquired the following experience:

7.10.a. 7.9.1.  For a master well driller - Six years of well drilling experience;

7.10.b. 7.9.2.  For a journeyman driller - Four years of well drilling experience; or

7.10.c. 7.9.3.  For a pump installer - Three years of pump installation experience; and

7.10.d. 7.9.4.  For all classes each individual shall have passed any all written examination requirements and obtained a minimum grade of seventy 70 percent on each portion of the one or more written examination and any other requirements determined necessary by the Commissioner.

7.11. 7.10.  The Commissioner may review applications from individuals who hold a legal certification for well drilling in another state with comparable certification classes. The Commissioner may grant a comparable certification for the applicant if appropriate.

7.12. 7.11.  All certifications expire one year two years from the date of issuance and shall be renewed thirty 30 days prior to expiration. The applicant shall submit a completed renewal on forms provided by the Commissioner.  Applicants shall provide evidence of bonding and insurance as required by section 8 of this rule. Applicants shall supply evidence of continuing education requirements in accordance with section 9 of this rule for certification renewal.

7.12.a. 7.11.1.  A certificate holder who fails to renew his or her certification within six months following the renewal expiration date of the certification shall not have the certification reinstated until he or she successfully passes the written examinations or field test prescribed by the Commissioner for applicants for a new certificate.

7.14. 7.12.  A certificate holder may place his or her certification on inactive status for a two-year period if the certificate holder has submitted an application for inactive status within sixty at least 60 days before the expiration date of the certificate. Before the Commissioner reactivates the certificate of an inactive-status certificate, that certificate holder shall satisfy any renewal requirements.

7.15. 7.13.  A certificate holder may obtain a duplicate certificate to replace a certificate that has been lost, destroyed, or mutilated if the certificate holder makes a written, notarized request to the Commissioner, stating the reason for the request.

7.16. 7.14.  The Commissioner may charge a fee for each certification service provided as listed in Appendix B of this rule.

§64-19-8.  Bonding of Water Well and Pump Installation Contractors.   

8.1.  Each water well and pump installation contractor shall have a current contractor’s bond payable to the Commissioner upon forfeiture and liability insurance coverage effective throughout West Virginia in a form determined by the Commissioner.  The Commissioner shall determine the amount of the contractor’s bond, which may not exceed five thousand dollars $5,000.  Lack of a current contractor’s bond is considered sufficient grounds for denial of a water well or pump installation permit.

8.2.  Forfeiture of the contractor’s bond is predicated upon a failure to drill, construct, repair, replace, alter, or abandon a well or upon installation of a pump in a water well in accordance with this rule and the Bureau’s rule, Water Well Design Standards, 64CSR46.  

8.3.  The surety shall have the option of forfeiting the contractor’s bond or completing the well in accordance with this rule and standards specified in subsection 8.2 of this rule.  The Commissioner shall expend all proceeds from a forfeiture due to failure to alter or abandon the well in accordance with applicable rules and standards.  The Commissioner shall retain and expend any excess funds collected for the purpose of altering or abandoning water wells in accordance with applicable rules and standards.

8.4.  The surety shall have the option of canceling a contractor’s bond after providing notice to the Commissioner at least thirty 30 days prior to cancellation.

8.5.  In lieu of the bond required by subsection 8.1 of this rule, the Commissioner may accept an irrevocable letter of credit issued by a bank chartered by the State of West Virginia or a member bank of the federal reserve system.  Confirmation of the irrevocable letter of credit shall be in writing and shall be signed by the issuing or confirming bank.

§64-19-9.  Continuing Education Program and Requirements.

9.1.  The continuing education program shall be a formal offering of instruction or information to certificate holders and registrants for the purpose of maintaining, enhancing, and developing the skills necessary for the protection of groundwater and the health and general welfare of the citizens and to increase the competence of well drillers and pump installers.

9.2.  Beginning two years after the effective date of this rule, a A certified master well driller shall show proof of three hours six hours of continuing education related to water well drilling every year two years.  Additionally, for a certified master well driller to install pumps, he or she shall show proof of two four hours of continuing education related to pump installation every year two years.  A certified journeyman driller shall show proof of two four hours of continuing education every year two years. For a certified journeyman driller to install pumps, the journeyman driller shall show proof of one hour two hours of continuing education related to pump installation every year two years.  The A certified pump installer shall show proof of two four hours of continuing education every year two years to maintain the certification.  Each certificate holder shall submit a copy of the certificates of completion as proof of meeting the continuing education requirements.

9.3.  Only courses or programs designated or approved by the Commissioner are acceptable for continuing education.

9.4.  To obtain pre-approval of a course the sponsor or attendee shall submit the following information to the Commissioner:  a written course description, which includes the names and qualifications of the presenters; the time and location of the course; the proposed number of hours; and the program objectives.

9.5.  Programs for continuing education units may be held in state or out of state. Approved topics include water wells or pump system technology, science, health, sound business practices, rule compliance, including other governmental and industry requirements, including worker health and safety.

9.6.  Program sponsors shall provide proof of attendance to attendees.

§64-19-10.  Identification Numbers of Water Well Rigs and Well Head.

10.1.  All water well contractors shall ensure that all water well rigs they use or those used by their employees are shall be clearly marked with legible and plainly visible identification numbers at all times.

10.2.  The identification number to be used on water well drilling rigs is the certification number of the water well driller at the well site who is responsible for the water well drilling operations.

10.3.  Certification numbers shall be printed on each side of every water well drilling rig in numerals of not less than two inches high and the numerals shall be in a color sufficiently different from the color of the vehicle or equipment so that the certification number is plainly legible.

10.4.  Water well contractors shall ensure that all water well rigs they use or those used by their employees are clearly marked as provided in subsections 10.2 and 10.3 of this rule.

10.5. 10.4.  Each well drilling contractor shall securely attach a metal tag or engraved well cap to the wellhead containing the following information: the contractor's name, address, and permit number; the depth of the well; and the date of construction or alteration.

§64-19-11.  Advisory Board.

11.1.  The Commissioner may establish an advisory board and designate the chairman of the board.

11.2.  The advisory board membership shall consist of, but not necessarily be limited to, the following members:

11.2.a. 11.2.1.  Three certified master well drillers;

11.2.a.1. 11.2.1.a.  These three members may shall represent and have actual experience from the various geologic areas of the state and be familiar with the various appropriate drilling methods used in different regions of West Virginia.

11.2.b. 11.2.2.  One certified pump installer;

11.2.c. 11.2.3.  One employee of the West Virginia Bureau for Public Health;

11.2.d. 11.2.4.  One representative from a local health department;

11.2.e. 11.2.5.  One employee of the West Virginia Department of Environmental Protection;

11.2.f. 11.2.6.  One individual who is not employed by the state and who has no commercial or economic involvement in well drilling or pump installation;

11.2.g. 11.2.7.  One academic or technical expert who is either:

11.2.g.1. 11.2.7.a.  Employed by the West Virginia Geological Survey or the United States Geological Survey;

11.2.g.2. 11.2.7.b.  A professional hydrologist or hydrogeologist; or

11.2.g.3. 11.2.7.c.  A geology or hydrogeology professor from a college or university in West Virginia.

11.3.  The Water Well Advisory Board may exercise has the following duties:

11.3.a. 11.3.1.  Recommend changes in the certification program as needed to the Commissioner;

11.3.b.  Receive complaints regarding certification issues and appeals of certification decisions and recommend follow up actions to the Commissioner;

11.3.c. 11.3.2.  Recommend written tests and field tests required for certification and assist in the preparation and administration of written tests, as appropriate;

11.3.d. 11.3.3.  Recommend continuing education classes and instructors; and

11.3.e. 11.3.4.  Perform other duties that may be assigned by the Commissioner.

§64-19-12.  Inspections and Water Sampling.

12.1.  The Commissioner may make as many inspections as necessary, during the construction, installation, modification, or operation of a water well, pump, and pumping equipment to determine compliance with the applicable provisions of this rule and the Bureau’s rule, Water Well Design Standards, 64CSR46.  An inspection may include, without limitation, water sampling for the detection of any contaminants, the documentation of a violation of construction standards, technical procedures, or any other requirements established under the rule.  The owner or occupant of a dwelling, establishment, or land where a water well is located shall provide the Commissioner access for making the inspection.  The Commissioner shall record the findings of inspections on forms prescribed for the that purpose.

§64-19-13.  Penalties, Suspension, and Revocation of Certifications.

13.1.  Persons who violate the provisions of this rule are subject to the civil and administrative penalties of W. Va. Code §6-1-9a and to potential civil or criminal penalties under W. Va. Code §16-1-9, §16-1-9a, and §16-1-18.

13.2.  The Commissioner may suspend, revoke, or deny certification of a driller or pump installer if the information on the application form is incomplete, inaccurate, false, misleading, or indicates that the provisions of this rule cannot be met.  The Commissioner may revoke or suspend the certification of a driller or pump installer who knowingly violates this rule.  

13.3.  When certification has been denied, suspended, or revoked, the person affected shall immediately discontinue the drilling, altering, constructing, and abandonment of water wells.

13.4.  A denial, suspension, or revocation of certification shall be in writing from the Commissioner and shall state specific reasons for the denial, suspension, or revocation.

13.5.  The Commissioner shall send a written notice of the suspension or revocation of a certification at least ten 10 calendar days prior to the actual revocation or suspension.

§64-19-14.  Administrative Due Process.

14.1.  Administrative Due Process.  --  Any person adversely affected by the enforcement of this  rule desiring a contested case hearing to determine any rights, duties, interests, or privileges shall do so in the manner prescribed in the West Virginia Department of Health’s Procedural Rule, Rules of Procedure for Contested Case Hearings and Declaratory Rulings, 64CSR1.

Appendix A.  Permitting Fees.

1.  Construction /Installation Permits

A.  Heat exchange wells: Permit Fee is determined by the ton rating of the heat pump machine.  When more than one heat pump machine is hooked together, the cumulative total of the ton rating is used to determine the fee:  One to fifty ton heat pump system $150; over fifty ton system $300.

Permitting fees for water well permits are located in the Bureau’s rule, Fees for Permits, 64CSR30.

2. The legislative rule filed in the State Register on July 25, 2025, authorized under the authority of §16-1-4 of this code, modified by the Department of Health to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 17, 2025, relating to the Department of Health (lead abatement licensing, 64 CSR 45), is authorized.
3. The legislative rule filed in the State Register on July 24, 2025, authorized under the authority of §16-4C-6 of this code, modified by the Department of Health to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 18, 2025, relating to the Department of Health (emergency medical services, 64 CSR 48), is authorized.
4. The legislative rule filed in the State Register on July 25, 2025, authorized under the authority of §16-1-4 of this code, modified by the Department of Health to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 5, 2025, relating to the Department of Health (fees for services, 64 CSR 51), is authorized with the amendments set forth below:

On pages 9 through 12, by striking out the entirety of Appendix A and inserting in lieu thereof a new Appendix A to read as follows:

Appendix A 64CSR51.  Laboratory Service Fees.

5. The legislative rule filed in the State Register on July 24, 2025, authorized under the authority of §16-1-4 of this code, modified by the Department of Health to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 17, 2025, relating to the Department of Health (clinical laboratory practitioner licensure, 64 CSR 57), is authorized.
6. The legislative rule filed in the State Register on July 24, 2025, authorized under the authority of §16-1-4 of this code, relating to the Department of Health (distribution of state funds for support of local boards of health, 64 CSR 67), is authorized.
7. The legislative rule filed in the State Register on July 25, 2025, authorized under the authority of §16-1-4 of this code, modified by the Department of Health to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 5, 2025, relating to the Department of Health (basic public health service standards for local boards of health, 64 CSR 73), is authorized with the amendments set forth below:

On page 9, after section 7, by inserting a new section 8 to read as follows:

§64-73-8.  Membership and duties of the West Virginia Public Health Advisory Committee.

8.1.  The West Virginia Public Health Advisory Committee shall be comprised of the following nine members, appointed by the Commissioner as follows:

8.1.1.  The West Virginia Association of Local Health Departments shall submit to the Commissioner a list of up to eight names, which are to include administrators and health officers, of which five in total shall be appointed.

8.1.2.  The County Commissioner’s Association of West Virginia and the West Virginia Association of Counties shall each submit to the Commissioner a list of five names, of which three in total will be selected.

8.1.3. The President of the WVALHD.

8.2.  The members of the Committee shall vote on a Chairperson for the Advisory Committee who shall serve a two-year term and be responsible for submitting all meeting notes to the Bureau.

8.3.  Committee members shall serve two-year terms, not to exceed four consecutive terms.

8.4.  The Committee shall:

8.4.1.  Act in an advisory capacity to the Commissioner.

8.4.2.  Collaborate with the Bureau to design and develop tools for assessment of local health board performance.

8.4.3.  Provide input on training for local health and state appointees as determined by the Commissioner.

8.4.4.  Hold no less than six meetings per year.";

By renumbering the remaining sections accordingly;

On page 11, subparagraph 8.3.6.a.2., by striking the number ".10" and inserting in lieu thereof the number ".15";

And,

On page 11, subparagraph 8.3.6.a.3., by striking out the number ".15" and inserting in lieu thereof the number ".20"

8. The legislative rule filed in the State Register on July 25, 2025, authorized under the authority of §33-59-1 of this code, relating to the Department of Health (diabetes self-management education, 64 CSR 115), is authorized.
9. The legislative rule filed in the State Register on July 21, 2025, authorized under the authority of §16-2D-4 of this code, relating to the Department of Health (exemption from Certificate of Need, 65 CSR 29), is authorized.

ARTICLE 5B. Authorization for Office of Inspector General to promulgate legislative rules.

§64-5B-1. Office of Inspector General.

1. The legislative rule filed in the State Register on July 25, 2025, authorized under the authority of §16B-4-5 of this code, modified by the Office of Inspector General to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 23, 2025, relating to the Office of Inspector General (nursing home licensure, 71 CSR 15), is authorized.
2. The legislative rule filed in the State Register on July 25, 2025, authorized under the authority of §16B-10-11 of this code, relating to the Office of Inspector General (delegation of medication administration and health maintenance tasks to approved medication assistive personnel, 71 CSR 17), is authorized with the following amendment:

On page 3, subsection 2.14 by striking the period inserting in lieu thereof a comma and the following, "this includes a dial-up insulin pen."

And,

On page 13, subsection 9.2, following the period by inserting the following "Selecting or setting the amount on a dial-up insulin pen to an amount prescribed is ministerial in nature and is not deemed an exercise of a clinical or judgment decision-making."

3. The legislative rule filed in the State Register on May 28, 2025, authorized under the authority of §16B-5-5 of this code, relating to the Office of Inspector General (assisted living residences, 71 CSR 21), is authorized with the following amendments:

On page 4, by striking out subsection 2.23.1. in its entirety and inserting in lieu thereof a new subsection 2.23.1. to read as follows: "A serious injury resulting from a fall, accident, or other event;"

And,

On page 6, by adding a new subsection 2.37., to read as follows: "2.37. Serious injury. -- means to cause an injury requiring medical attention beyond routine first aid, including fractures, lacerations requiring closure, burns, or any condition resulting in limited mobility or functional restriction."

And,

On page 18, subdivision 4.6.1. by striking out the word, "volunteer" and inserting in lieu thereof the words, "uncompensated direct access personnel as defined in §16B-15-1 et seq."

And,

On page 18, subparagraph 4.6.1.b. by striking out the word, "volunteer" and inserting in lieu thereof the words, "uncompensated direct access personnel as defined in §16B-15-1 et seq."

And,

On page 23, subsection 5.2.11., by striking out the initial word "The" and inserting in lieu thereof: "Except as may be provided in subsection 5.3.10. of this rule, the";

And,

On page 24, by adding a new subdivision 5.3.10. to read as follows: "5.3.10.  A resident may have and utilize videoconferencing equipment and technology in their private room if all of the following conditions exist:

5.3.10.a.  The resident makes the facility aware of the equipment and videoconferencing technology;

5.3.10.b. The facility allows or authorizes the videoconferencing technology, software and equipment;

5.3.10.c.  The resident is made aware and adheres to the facility policies regarding use of videoconferencing, including required notice or signage to those entering the room of a resident that is utilizing videoconferencing, how to handle breaches of privacy in live videoconferencing and recorded and stored media, and times in which privacy of the resident or others may dictate non-usage;

5.3.10.d. There is a notice posted to those entering facility that videoconferencing equipment and technology may be in use in residents’ apartment or room;

5.3.10.e.  Similar to the acceptance and use of a telephone, the resident must actively allow or accept incoming videoconferencing or initiate outgoing videoconferencing for each use. A resident shall not have or be authorized to use uninterrupted video feed on a full-time basis or hidden cameras.

(d) The legislative rule filed in the State Register on July 25, 2025, authorized under the authority of §16-64-7 of this code, modified by the Office of Inspector General to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 23, 2025, relating to the Office of Inspector General (syringe services program licensure, 71 CSR 24), is authorized.

(e) The legislative rule filed in the State Register on May 29, 2025, authorized under the authority of §27-9-1 of this code, relating to the Office of Inspector General (behavioral health centers licensure, 71 CSR 25), is authorized with the following amendment:

On page 2, by inserting a new subsection 2.7. to read as follows: "2.7. The director shall deem the license of a child placing agency providing behavioral health services within the scope of its license as described in 78CSR02.";

And,

Renumber the remaining subsections accordingly.

  ARTICLE 5C. Authorization for the department of health facilities to promulgate legislative rules.

§64-5C-1. Department of Health Facilities.

The legislative rule filed in the State Register on July 25, 2025, authorized under the authority of §27-5-9 of this code, relating to the Department of Health Facilities (patient rights at state-operated mental health facilities, 64 CSR 59), is authorized.