W. Va. Code R. § 64-51-3

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 64-51-3 - Definitions

3.1. Adoption -- The judicial act of creating the relationship of parent and child where it did not exist previously.

3.2. Ambulatory Surgical Facility (ASP) -- A facility which provides surgical treatment to patients not requiring hospitalization. This definition does not include the legally authorized practice of surgery by any one or more persons in the private office of any health care provider.

3.3. Asbestos -- The asbestiform varieties of serpentinite (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite, anthophyllite, and actinolite-tremolite, which contains more than one percent asbestos by weight.

3.4. Asbestos Abatement -- Procedures to control fiber release from asbestos-containing materials. These procedures include removal, encapsulation, enclosure, repair, demolition, renovation, and similar activities.

3.5. Assisted Living Residence -- Any living facility, residence, or place of accommodation, however named, available for four or more residents, in this state which is advertised, offered, maintained, or operated by the ownership or management, whether for a consideration or not, for the express or implied purpose of having personal assistance or supervision, or both, provided to any residents therein who are dependent upon the services of others by reason of physical or mental impairment and who may also require nursing care at a level that is not greater than limited and intermittent nursing care. This term replaces the two terms "Personal Care Home" and "Residential Board and Care Home" previously used in this rule.

3.6. Basic Public Health Services -- Those services that are necessary to protect the health of the public. The three areas of basic public health services are communicable and reportable disease prevention and control, community health promotion, and environmental health protection.

3.7. Behavioral Health Center -- An organization that provides behavioral health services, including all of its locations.

3.8. Behavioral Health Services -- An inpatient, residential, or outpatient service for the care and treatment of persons with mental illness, developmental disabilities, or substance abuse.

3.9. Birthing Center -- A type of facility, which is a building, house, or the equivalent organized to provide facilities and staff to support a birthing service for pregnant women.

3.10. Bottled Water -- Any natural or artificial mineral, spring, well, distilled, or other water bottled or containerized for use primarily as drinking water.

3.11. Business (or Individual) Providing Vendor Services -- Any person proposing to offer or providing services to Registrants in the Radiological Health Program as described in the bureau's legislative rule, Radiological Health, 64CSR23, subsections 5.4. and 5.5.

3.12. Certificate of Birth (Birth Certificate) -- The government's permanent legal record of the fact of birth of an individual. Information contained within the document is considered to be prima facie evidence of the fact of birth.

3.13 Certificate of Death (Death Certificate) -- The government's permanent legal record of the fact of death of an individual. Information contained within the document is considered to be prima facie evidence of the fact of death.

3.14 Certified Copy -- A reproduction or abstracted document that is officially endorsed by the custodian of the original document to be an authentic reproduction or abstraction of the original document.

3.15. Commissioner -- The Commissioner of the West Virginia Bureau for Public Health.

3.16. Decommissioning -- Removal of any source of radioactive material as described in the bureau's legislative rule, Radiological Health, 64CSR23, subsection 6.59, subdivisions 11.14.f. or 16.23.c. with a dedicated purpose of vacating premises, amendment, or cancellation of a registration for possession or storage of radioactive material.

3.17. Delayed Certificate of Birth (Delayed Birth Certificate) -- A certificate of birth filed more than one year after the date of birth. Information contained within the document is abstracted from other sources and is not considered to be prima facie evidence of the fact of birth.

3.18. Dental Intraoral Machine -- A radiation machine with one or more x-ray tubes used for human intraoral diagnostic imaging, as described in the bureau's legislative rule, Radiological Health, 64CSR23, subsection 7.9.

3.19. Dental Panoramic Machine -- Any rotational orthodontic extraoral radiographic device for dental diagnostic imaging.

3.20. Dental Radiation Machine (Other) -- Any radiographic device for dental diagnostic imaging, which is not dental intraoral or dental panoramic, such as cephalometric and extraoral tomography with one or more x-ray tubes.

3.21. Drinking Water -- Water free from biological, chemical, physical, and radiological contaminants which cause disease or harmful physiological effects.

3.22. Emergency Services Consultation -- A consultation for radiological health services performed per request for regulatory assistance in the event of an emergency or crisis condition involving a source of radiation. Consultation includes the following per event: investigation, travel time, and assessment of incidents or accidents for compliance with the Bureau's rule, Radiological Health Rules, 64CSR23, involving unusual events such as exposure to ionizing radiation to workers or the public, contamination of persons or the environment, and release, damage, theft, or loss of radioactive material.

3.23. End Stage Renal Disease (ESRD) Facility -- A facility which is approved to furnish at least one specific ESRD service, e.g., that stage of renal impairment that appears irreversible and permanent and requires a regular course of dialysis or kidney transplantation to maintain life.

3.24. Food Manufacturing Facility -- Any entity that manufactures, processes, or packs food for human consumption and conducts wholesale operations. This term does not include farms, facilities regulated by the bureau's legislative rule, Food Establishments, 64CSR17, or facilities under the regulatory authority of the West Virginia Department of Agriculture.

3.25. Generator -- A person whose activity results in the production of low-level radioactive waste requiring long-term storage and disposal.

3.26. Heirloom Birth Certificate -- A presentation quality, oversized, and ornate, certificate of birth suitable for framing and display.

3.27. Hospice -- A hospice as defined in W. Va. Code § 16-5I-2.

3.28. Hospital -- A hospital as defined in W. Va. Code § 16-5B-1.

3.29. Industrial Radiographic Machine -- A radiation machine used for all industrial radiography, other than cabinet radiography and shielded room radiography and other non-diagnostic or non-therapeutic purposes, such as x-ray devices used to examine the macroscopic structure of materials by nondestructive methods using sources of ionizing radiation or to produce radiographic images, as defined in the bureau's legislative rule, Radiological Health, 64CSR23, subdivisions 8.3.5. and 8.3.6.

3.30. Industrial Cabinet X-Ray System -- A machine used for industrial radiography conducted in an enclosure or shielded cabinet, such as x-ray devices used primarily for the inspection of carry-on baggage at airline, railroad, and bus terminals, and in similar facilities, as defined in the bureau's legislative rule, Radiological Health, 64CSR23, subdivisions 8.3.1. or 8.3.2.

3.31. Industrial High Energy Machine -- A radiation producing device such as a particle accelerator or cyclotron, and pulse x-ray machine used for nondestructive testing or other radiation producing devices used for irradiation of materials with energies greater than 250 kilovolts.

3.32. Industrial Radiation Machine (Other) -- A radiation machine used for non-human purposes other than those described in this section as: Industrial Radiographic Machine, Industrial Cabinet X-Ray System, or Industrial High Energy Machine.

3.33. Innovative/Alternative Type Sewage System -- A method of sewage disposal for a single-family dwelling or establishment for which design standards have been prepared and listed in the bureau's legislative rule, Sewage Treatment and Collection System Design Standards, 64CSR47, as an innovative or alternative system.

3.34. Legitimation -- Legal process by which the state of legitimacy is conferred to a child whose parents were not married at the time of the child's birth but who subsequently marry each other.

3.35. Low-Level Radioactive Waste -- Radioactive waste that:

3.35.1. Is not classified as high-level radioactive waste, spent nuclear fuel, or byproduct material as defined in Section 11.e(2) of the Atomic Energy Act of 1954 (uranium or thorium tailings and waste); and

3.35.2. Is classified as low-level radioactive waste consistent with existing federal law in accordance with the U.S. Nuclear Regulatory Commission rules, as defined in the bureau's legislative rule, Radiological Health, 64CSR23, subsection 3.106., and the Low-level Radioactive Waste Policy Act, Public Law 96-573, as amended by Public Law 99-240, effective January 16, 1986.

3.36. Medical Adult Day Care Center -- An ambulatory health facility which provides an organized day program of therapeutic, social, and health maintenance and restorative services and whose general goal is to provide an alternative to twenty-four-hour long term institutional care to elderly or disabled adults who are in need of these services by virtue of physical and/or mental impairment.

3.37. Medical Diagnostic Machine -- A radiographic imaging system with one or more x-ray tubes used for human diagnostic imaging as defined in the bureau's legislative rule, Radiological Health, 64CSR23, subsection 3.72. and subdivision 7.2.70., including mobile or fixed radiography, fluoroscopy, computerized tomography, bone density, podiatry, chiropractic, or other diagnostic x-ray devices.

3.38. Medical Therapeutic Machine -- A machine designed and used for external beam radiation therapy producing x-rays or electrons, as defined in the bureau's legislative rule, Radiological Health, 64CSR23, paragraph 7.12.b.61. or particle accelerators used for human therapy as described in 64CSR23, subsection 3.4.

3.39. Municipal Sewer System -- A system or group of systems as a whole which receives sewage from more than one dwelling or establishment and is operated and maintained by an incorporated municipality, or public service district or sanitary board.

3.40. Nursing Home -- A nursing home as defined in W. Va. Code § 16-5C-2.

3.41. Paternity Acknowledgement (Declaration of Paternity Affidavit) -- A legal instrument executed by an unmarried mother (or in some instances a married mother) and a putative father in which both acknowledge paternity of their child.

3.42. Permit -- As used in this rule, a written document issued by the Commissioner giving a designated person permission to:

3.42.1. Construct, operate, alter, or renovate a specific public water system, or bottled water production facility;

3.42.2. Construct, install, extend, alter, or operate an approved sewer system or method of sewage disposal, or to collect, remove, transport, or dispose of sewage;

3.42.3. Construct, alter, or renovate a recreational water facility or to operate the facility;

3.42.4. Construct, alter, operate, or renovate a food manufacturing facility;

3.42.5. Operate a food establishment at state facilities; or

3.42.6. Operate a state institution or state operated school, excluding colleges and universities.

3.43. 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.

3.44. Presumptive Death Certificate -- A certificate of death prepared at the order of a county commission (or other appointed legal entities in other states) under the direction of W. Va. Code § 44-9-1, et seq. which provides for the filing of a death certificate of someone presumed and declared dead by the commission.

3.45. Professional Health Services -- A health service delivered by a member of a commonly recognized public health care or allied profession including, but not limited to, physician, dentist, nurse, sanitarian, physical therapist, social worker, physician assistant, nurse practitioner, certified nurse midwife, dietitian, speech therapist, occupational therapist, hearing therapist, or individual with a graduate or undergraduate degree in a profession recognized by third party payors as eligible for reimbursement for services performed.

3.46. Public Sewer System -- A sewage collection system or systems with or without treatment facilities that service more than one dwelling or establishment. Ownership of the system is held by, and maintenance performed by, a single entity. This definition includes municipal sewer systems.

3.47. Public Water System -- A public water system is defined in W. Va. Code § 16-1-9a.

3.47.1. Community Water System -- A public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

3.47.2. Non-Community Non-Transient Water System -- Any public water system that is not a community water system and that regularly serves at least 25 of the same persons over six months per year.

3.47.2.a. Service Connection Equivalent -- The average number of individuals served by a non-community non-transient public water supply system divided by 2.4.

3.48. Radiation Machine Facility -- Any fixed or mobile facility with one or more radiation machines. (Radiation machines having one or more x-ray tubes.)

3.49. Radiation Producing Device -- A device or source of radiation as defined by the bureau's legislative rule, Radiological Health, 64CSR23, subsection 3.72. (Radiation machines having one or more x-ray tubes.)

3.50. Radioactive Material.

3.50.1. Byproduct Radioactive Material [as in 64CSR23, subsection 3.16.] -- Accelerator produced material [as in 64CSR23, subsection 3.5.] or TENORM [as in 64CSR23, subdivision 16.3.g.], or

3.50.2. Non-byproduct Radioactive Material -- Any radioactive material, other than defined as byproduct material in the bureau's legislative rule, Radiological Health, 64CSR23, subsection 3.16., which is TENORM or accelerator produced.

3.51. Radioactive Material Inspection -- Inspection of all activities associated with radioactive material registration.

3.52. Radioactive Material Facility Close-out Survey -- A confirmatory survey to assay for levels of radioactive contamination.

3.53. Reciprocity -- Reciprocal recognition for out-of-state registration or license to use a radiation-producing device or radioactive material within the State, as defined in the bureau's legislative rule, Radiological Health, 64CSR23, subsections 5.11., 11.28., and 16.22.

3.54. Recreational Water Facility -- Any natural or artificial body or basin of water which is modified, improved, constructed, or installed for the purpose of public swimming or bathing under the control of any person.

3.55. Registration -- Registration of any radiation producing device or radioactive material used within the state, as defined in the bureau's legislative rule, Radiological Health, 64CSR23, subsection 3.79. and section 5.

3.56. Residential Care Community -- A residential care community as defined in W. Va. Code § 16-5N-2.

3.57. School Radon Testing -- The testing of radon levels in public school buildings in all major student-occupied areas at or below grade level in accordance with the Air Quality in New Schools Act, W. Va. Code § 18-9E-3.

3.58. Sewage -- Any excreta or liquid waste containing animal, vegetable, or mineral matter in suspension of solution including, but not limited to, waste from water closets, urinals, lavatories, bathtubs, laundry tubs, washing machines, drinking fountains, sinks, kitchen equipment, and other sanitary fixtures or facilities.

3.59. Sewage Holding Tank -- A watertight receptacle designed and constructed to receive and retain untreated or partially treated sewage on a temporary basis. This does not include septic tanks, portable toilets, or privies.

3.60. Sewage System Installer Certification -- A process by which a person who installs individual on-site sewer systems becomes certified to perform such function under the provisions of the bureau's legislative rule, Sewer Systems, Sewage Treatment Systems, and Sewage Tank Cleaners 64CSR9.

3.61. Shielding Plan -- Facility design or modification from a qualified expert of calculated barrier thickness and physical protection from sources of radiation for any fixed or mobile radiation machine, as described in the bureau's legislative rule, Radiological Health, 64CSR23, subsection 7.4.

3.62. Sliding Fee Scale -- A charge for service that uses a scale or standard of cost, wages, fees, or the like that varies according to other factors such as cost of living, level of income, or prices.

3.63. Specimen Collection Kit -- A prepackaged group of items used for the acquisition and processing of material to be sent for analytical testing.

3.64. State Facilities -- Any of a number of state-owned and operated health care facilities including, but not limited to, state hospitals, behavioral health facilities, and other similar facilities. This term does not include colleges and universities.

3.65. State Institutions -- Any of a number of state-owned and operated residential or non-residential institutions including, but not limited to, juvenile detention centers, regional jails, correctional facilities, and state operated schools. This term does not include colleges and universities.

3.66. State Operated School -- Any of a number of state-owned and operated schools including, but not limited to, the School for the Deaf and Blind in Romney and the Barboursville School. This term does not include state colleges and universities.

3.67. Technologically Enhanced Naturally Occurring Radioactive Materials (TENORM) -- Naturally occurring radionuclides whose concentrations are increased by or as a result of past or present human practices.

3.68. Water Well -- Any excavation or penetration in the ground, whether drilled, bored, cored, driven, or jetted that enters or passes through an aquifer for purposes that may include, but are not limited to: a water supply, exploration for water, dewatering, or heat pump wells, except that this definition does not include groundwater monitoring activities and all activities for the exploration, development, production, storage, and recovery of coal, oil, and gas, and other mineral resources which are regulated under W. Va. Code, Chapters 22, 22A, or 22B.

3.69. Veterinary Machine -- Any radiation machine with at least one x-ray tube used by a licensed practitioner of veterinary medicine for diagnostic purposes on non-human subjects.

3.70. X-Ray Public Health Screening Application -- An application which is submitted for agency approval to conduct healing art screening as defined in the bureau's legislative rule, Radiological Health, 64CSR23, paragraph 7.3.a.11., using diagnostic radiation machines within the state.

W. Va. Code R. § 64-51-3