West Virginia Code § 16-1-3

Powers and duties of the Secretary
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(a) The secretary may establish a state public health system.
(b) As necessary for the effective, efficient, and economical operation of the system, the
secretary may from time to time delegate, assign, transfer, or combine responsibilities or
duties to or among employees of the department.
(c) Within the limits of applicable federal law, the secretary may require every applicant for
a license, permit, certificate of registration, or registration under this chapter to place his or
her social security number on the application. u
(d) The secretary may appoint advisory councils.
(e) (1) The Secretary of the Department of Health is thae chief executive officer of that
department and beginning January 1, 2024, is charged with the administration of this
chapter. The Governor shall appoint the secretary, lby and with the advice and consent of the
Senate, for the term for which the Governor is elected, and the secretary shall serve at the
will and pleasure of the Governor. The Secretary shall be paid an annual salary not to exceed
$175,000. Upon his or her initial appointmient, which may be at any time after the effective
date of this act, the Secretary shall take the oath of office described in this section and
commence his or her duties. If appointed before January 1, 2024, the Secretary shall take
the oath of office described in this section and commence such duties as determined by the
Secretary to be necessary to prepare for the administration of this chapter.
(2) Before entering upon the duties of his or her office, the secretary shall take and
subscribe to the oath of office prescribed by section five, article four of the state
Constitution.
(3) The secretary shall not be a candidate for, or hold, any other public office or public
employment under the federal government or under the government of this state or any of
its political subdivisions, or be a member or officer of any political party committee, or serve
as an election official, or engage in any political activity, other than to vote, in behalf of, or in
opposition to, any candidate, political party or public issue involved in an election. Any
violation by the secretary of the provisions of this section shall automatically vacate his or
her appointment as secretary.
(4) In addition to the authority provided in §5F-2-2 of this code, the secretary shall:
(A) Coordinate efforts with the Secretary of Human Services and the Secretary of Health
Facilities, including authority to share the expense of administrative services through a
memorandum of understanding established by agreement of the secretaries as required
under §5F-2-1a of this code;
(B) Establish a state public health system; and
(C) Cooperate with the Office of the Inspector General and take action on its findings;
(5) The secretary may:
(1) Within the limits of applicable federal law, the secretary may require every applicant for
a license, permit, certificate of registration, or registration under this chapter to place his or
her social security number on the application; and
(2) Appoint advisory councils.
(f) Any contract, agreement or memorandum of understanding between the secretary and
West Virginia University, West Virginia School of Osteopathic Medicine or Marshall
University for services is exempt from the provisions of §5A-3-1 et seq., of this code.

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