Rule‑Making Review Committee approves dozens of agency rules, adopts major lab‑fee revision

The Legislative Rule‑Making Review Committee met Oct. 8 in the Senate Judiciary Committee Room and approved or filed a series of proposed agency rules spanning permitting, health care licensure, environmental standards and professional boards. Chair Delegate Smith called the meeting to order at 9:00 a.m., and counsel for agencies and the committee presented abstracts and answered questions before votes.

Counsel for the Department of Administration and several licensing boards presented rule abstracts, and on motions by Senator Rucker the Committee adopted agreed modifications and approved many rules as modified or filed. Among the items the Committee considered were the One‑Stop Shop Permitting Program (148 CSR 25), multiple Board of Pharmacy rules (15 CSR series) and Board of Architects provisions (2 CSR series). Several professional‑licensure rules for physicians, osteopathic physicians, physician assistants and counselors were approved as filed or as modified after committee review.

The committee also approved rule changes from the Department of Health and Human Resources, including lead abatement licensing and clinical laboratory practitioner licensure and certification. With leave of the committee, Jason Frame, Director of Environmental Health Services at DHHR, and Dr. Steven Eshenaur, Executive Director/Health Officer of the Kanawha/Charleston Health Department, responded to committee questions on public‑health items.

A notable action was the Committee’s approval of an amendment to 64 CSR 51 (Fees for Services) that replaced Appendix A with a detailed Laboratory Service Fees schedule. Delegate Hornby moved to strike the existing Appendix A and insert a new Appendix A containing line‑item fees for inorganic and organic analyses, EPA packages, harmful‑algae‑bloom screening and confirmation, microbiology tests, certification fees, specimen collection kits and certain diagnostic immunology tests; the amendment was adopted and the rule approved as modified and amended.

The Committee also inserted a new §8 into 64 CSR 73 establishing membership and duties for a West Virginia Public Health Advisory Committee, specifying appointment sources, term limits and duties such as developing tools for assessment of local health board performance; the motion to add the section was adopted. Additional numeric adjustments to subparagraphs on page 11 were adopted on motion of Senator Rucker.

At the meeting’s close, Senator Rucker moved that staff prepare the Committee’s report, draft a Bill of Authorization for each rule in the report, submit the report to the clerks of each chamber and cause the bills to be introduced with the committee chairs as sponsors; that motion was adopted. Chair Delegate Smith announced the next meeting for Dec. 10, 2025, at 9:00 a.m., and the committee adjourned.

The official minutes record the actions taken; the transcript does not include individual roll‑call vote tallies for the motions, and where the record lists agreement it records the outcome as adopted or approved rather than listing vote counts.