West Virginia Code § 16-37-4

Rules to be proposed by the Department of Health
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(a) The Department of Health shall propose rules for legislative approval in accordance with
the provisions of article three, chapter twenty-nine-a of this code, which rules shall provide
at a minimum:
(1) General physical requirements for facilities and equipment, including requirements for
adequate ventilation and lighting;
(2) Record keeping requirements and forms;
(3) Written notification of the risks of body piercing procedures and minimum age
requirements;
(4) Body piercing procedures, including, but not limitead to, safety and sterilization
procedures; the use of antimicrobial solutions, needles, single use instruments and other
instruments; the exercise of standard precautions; land instructions on the care of the skin
after body piercing procedures;
(5) Permitting requirements for operators and technicians, including fees for permits and
renewals of permits sufficient to cover the costs of inspecting facilities and administering
this article; and
(6) For the disposal of waste in compliance with the rules of the Department of Health
regarding the disposal of medical wastes.
(b) The rules required by this section may also include provisions on training or educational
requirements or mat erials; health screenings for technicians; and any other provisions
considered necessary to protect the public or assure adequate health and safety.
(c) The rules may also include limitations or prohibitions on the performance of certain
proWcedures, including, but not limited to, procedures referred to as cutting, branding and
scarification, which are identified as posing a risk to the public health and safety.

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