Rule-Making Review Committee approves nine agency rule changes, adopts insulin-pen and assisted-living amendments

The Legislative Rule-Making Review Committee met at 9:00 a.m. Dec. 10, 2025, in the Senate Judiciary Committee Room and approved nine proposed agency rules, including technical changes and several substantive amendments that affect long-term-care facilities and resident privacy.

Senator Rucker, chair, called the meeting to order and recognized motions from Delegate Fehrenbacher, who moved repeatedly to adopt agency-recommended modifications and specific amendments that the committee approved. House counsel Robert Akers and Charlie Roskovensky introduced multiple abstracts and responded to committee questions; the Department of Environmental Protection made technical responses through Acting Deputy Cabinet Secretary Johnathan Rorror and staff from the department and outside stakeholders joined by leave of the committee.

Why it matters: The committee approved rule changes that will affect a range of regulated entities — from forestry operations to nursing homes, assisted-living residences, behavioral health centers and syringe services programs — and adopted amendments that clarify staff duties and resident technology use, which may change how facilities implement policies and staff training.

Key actions and notable amendments

Votes at a glance - Division of Forestry — Certification of Managed Timberlands (22 CSR 06): approved as modified on motion of Delegate Fehrenbacher. (Mover: Delegate Fehrenbacher) - Department of Environmental Protection — Requirements Governing Water Quality Standards (47 CSR 02): agency responded to committee questions; approved as modified after agreed modifications. (Mover: Delegate Fehrenbacher) - Department of Environmental Protection — Carbon Dioxide Sequestration Fee Schedule (47 CSR 09B): approved as modified. (Mover: Delegate Fehrenbacher) - Board of Examiners of Psychologists — Requirements for Licensure (17 CSR 03): approved as modified after the board’s executive director answered questions. (Mover: Delegate Fehrenbacher) - Office of Inspector General — Nursing Home Licensure (71 CSR 15): approved as modified. (Mover: Delegate Fehrenbacher) - Office of Inspector General — Delegation of Medication Administration and Health Maintenance Tasks to Approved Medication Assistive Personnel (71 CSR 17): approved as amended. Delegate Fehrenbacher moved to amend subsection 2.14 by adding the phrase, “this includes a dial-up insulin pen,” and to add clarifying language that selecting or setting the amount on a dial-up insulin pen is ministerial and not an exercise of clinical judgment; the motion was adopted. (Mover: Delegate Fehrenbacher) - Office of Inspector General — Assisted Living Residences (71 CSR 21): approved as amended. The committee adopted multiple textual changes, including narrowing the phrasing in subdivision 2.23.1 to read, “A serious injury resulting from a fall, accident or other event;” inserting a definition: “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;” replacing references to “volunteer” with “uncompensated direct access personnel as defined in 16B-15-1 et seq.;” and adding a new subdivision (5.3.10) permitting resident use of videoconferencing equipment under specified facility-notice and privacy conditions. (Mover: Delegate Fehrenbacher) - Office of Inspector General — Syringe Services Program Licensure (71 CSR 24): approved as modified. (Mover: Delegate Fehrenbacher) - Office of Inspector General — Behavioral Health Centers Licensure (71 CSR 25): approved as amended to add subsection 2.7 deeming a child-placing agency’s behavioral health services within the scope of its license as described in 78 CSR 2; the subdivision was renumbered accordingly. (Mover: Delegate Fehrenbacher)

Details of prominent amendments

Insulin-pen language (71 CSR 17): Delegate Fehrenbacher moved to amend subsection 2.14 to add the phrase, “this includes a dial-up insulin pen,” and to specify that “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.” The committee adopted the amendment; proponents framed the change as clarifying that certain routine device operations are not clinical acts.

Assisted-living definitions and resident videoconferencing (71 CSR 21): The committee replaced an earlier, broader subdivision with a narrower statement addressing serious injuries and inserted a formal definition of “serious injury” to include fractures, lacerations requiring closure, burns, or conditions resulting in limited mobility or functional restriction. The committee also directed textual edits to replace the word “volunteer” with “uncompensated direct access personnel as defined in 16B-15-1 et seq.” and added a new subdivision permitting residents to have and use videoconferencing equipment in private rooms if the resident notifies the facility, the facility allows the equipment, the resident adheres to facility policies (including notice or signage for those entering the room), and the resident actively accepts or initiates each use; the rule disallows uninterrupted full-time video feeds or hidden cameras.

Agency responses and technical discussion

During discussion of DEP’s water quality rule (47 CSR 02), the committee accepted responses from DEP’s Acting Deputy Cabinet Secretary Johnathan Rorror and Environmental Resources Program Manager Mindy S. Neil; the committee also heard technical input from Scott Mandirola of the West Virginia Water Coalition. Dr. Jeffery Harlow, executive director of the Board of Examiners of Psychologists, responded to committee questions during consideration of psychologist licensure rules (17 CSR 03).

What the committee did not record

The transcript records motions and formal approvals but does not provide individual roll-call vote tallies or recorded “yes/no” votes by name for these actions; outcomes are recorded in the transcript as motions adopted or rules approved as modified or amended.

Next steps

Chairman Rucker announced the committee will meet in January; with no further business the committee adjourned.

Sources: Committee transcript, Legislative Rule-Making Review Committee, Dec. 10, 2025.