Bill
HB 4215
HB 4215 modernizes and consolidates health rules, with a major focus on water well certifications, permitting, reporting, and expanded DOH rulemaking authority.
HB 4215 Summary – West Virginia, 2026 Session
Title: Department of Health Rules Bundle
Status: Enacted into law (Governor signed March 9, 2026)
Purpose and overall aim
- The bill consolidates and updates a broad set of Department of Health (DOH) legislative rules, replacing and amending existing rules related to water wells, public health, laboratory services, and related health administration. It also includes provisions authorizing the DOH to promulgate additional rules under several subdivisions (Articles 5, 5B, and 5C) and clarifies various procedural, credentialing, and enforcement aspects.
Key substantive provisions
1) Article 64-5 – Department of Health (Water Well Rules Bundle)
- Existing water well rule (64CSR19) is amended and carried forward as a DOH legislative rule with a defined scope, authority, and timing.
- Scope and purpose: Establishes certification requirements for water well drillers, pump installers, and the issuance of water well permits; aims to protect public health, groundwater quality, and ensure fair construction practices.
- Definitions: Comprehensive glossary for terms such as Master/Journeyman Well Driller, Apprentice, Pump Installer, Water Well, Casing, Potable Water, Public Water System (PWS), Well Completion Report, etc.
- Permits to install (4.1 – 4.14):
- Requires a valid permit for drilling, constructing, altering, or abandoning water wells, with a joint application by the water well contractor and property owner.
- Emergency permitting procedures (4.3) allow temporary permits for health, environmental, or property risk mitigation, with rapid notification and reporting.
- Compliance with design standards (64CSR46 and 64CSR77) and possible Underground Injection Control (47CSR13) requirements.
- Permit validity: generally one year; extensions possible upon written request; renewal and denial processes specified.
- On-site inspections, site access rights, and fee authority (Appendix A).
- Records of completed wells (Article 5):
- Completion reports must be filed within 30 days of well completion/alteration/abandonment, signed by the responsible driller or master driller as applicable.
- Reports cover depth, casing, location, water level, and pumping equipment details; amendments required if pumping equipment is installed after initial completion.
- Certifications and qualifications (Article 6):
- Three classes of water well drillers: Master, Journeyman, Apprentice; two classes of pump installers: Certified and Apprentice.
- Mechanisms for on-site supervision, field tests, and credentialing.
- Bonding/insurance requirement for contractors (Appendix B, 8.1–8.5).
- Electrical and plumbing carve-outs: certain non-technical tasks may be performed by licensed professionals (electricians, plumbers) under specified limitations.
- Examination, licensing, and renewal (Article 7):
- Detailed pathways and experience requirements for Master, Journeyman, and Pump Installer certifications.
- Age requirements, possible waivers (with conditions), and comparable certification recognition for out-of-state or foreign-trained individuals.
- Renewal terms (every 1–2 years depending on class), bonding/insurance, continuing education (CE) requirements (Section 9).
- Inactive status provisions and duplicate certificates.
- Administrative and enforcement provisions (Articles 7–13):
- Administrative due process for contested cases.
- Inspections and sampling rights for the DOH.
- Penalties, suspension, and revocation processes for rule violations.
- Advisory Board (Water Well Advisory Board) establishment and duties (11.1–11.12), including representation from local health departments, WV DEP, geological experts, and public members.
- Identification and labeling (Article 10):
- Identification numbers on all water well rigs reflecting the responsible driller’s certification number; mandatory labeling and tagging at the wellhead with contractor information and construction date.
- Fees (Appendix A – Appendix A 64CSR51 under the DOH rule change):
- Fees for lab testing, environmental chemistry, metals, organics, and related services; includes various packages (e.g., metals packages, VOCs, pesticides, DBPs).
- Lab certification and inspection-related fees, specimen collection kits, and possible on-site audit costs.
- Some fees apply to laboratories outside WV if permitted by state arrangement.
- Advisory Board duties (11):
- Board may advise the Commissioner, propose tests, CE programs, and other policy tools; minimum meeting cadence (at least six per year).
2) Article 5B and 5C – DOH Rulemaking and Health Facility Rules
- Article 5B authorizes the Office of Inspector General and other DOH entities to promulgate rules (with specific amendments to nursing home licensure, medication assistance, assisted living, syringe services program licensure, behavioral health centers licensure, etc.), including targeted textual changes (e.g., dial-up insulin pen mentions and related “ministerial in nature” language clarifications).
- Article 5C authorizes DOH Facilities to promulgate rules (e.g., patient rights at state-operated mental health facilities) subject to separate statutory authority.
3) Related rule amendments and cross-references
- The bill includes editorial and technical amendments to multiple DOH rules filed in 2025–2025 and related rules (e.g., lead abatement licensing, emergency medical services, DOH services fees, diabetes self-management education, etc.), including:
- Expanded or adjusted effective dates (e.g., extending 2027 to 2032 for expedited partner therapy).
- Revisions to added conditions in various sections (e.g., bacterial vaginosis and Trichomonas vaginalis in expedited partner therapy provisions).
- A new West Virginia Public Health Advisory Committee (8.1–8.4) with defined membership, term lengths, duties, and meeting requirements.
Affected parties and impacts
- Water well industry stakeholders: certified master/journeyman drillers, apprentice drillers, pump installers, contractors, and property owners, who must obtain and renew permits and certifications and comply with reporting requirements.
- Local health departments, WV DEP, and the Bureau for Public Health: new advisory structures, inspection and sampling authority, and reporting duties.
- Laboratories: environmental chemistry and microbiology labs, with detailed fee schedules and certification requirements.
- State agencies and facilities: enhanced rulemaking capacity for DOH and related offices; cross-agency rule interdependencies clarified.
- General public: enhanced groundwater protection, better tracking and compliance for water wells, and broader public health rule updates.
Procedural and timeline aspects
- The rule changes tie to specific filing dates and effective dates, with several provisions referencing 1-year permit validity, post-construction reporting deadlines (30 days), and routine renewal timelines.
- Emergency permit procedures provide a rapid-response mechanism with defined timeframes for submission and approval.
- The act includes transitional provisions for existing certificants (e.g., giving some current drillers on-the-ground master classification and one-year validity) and outlines processes for handling denials, suspensions, and appeals.
Overall, HB 4215 modernizes and consolidates health-related regulatory rules, with a major emphasis on water well certification, permitting, and oversight, while enabling broader DOH rulemaking and public health advisory structures.
Compiled from official sources — confirm details with the bill’s official record.
Sign in to ask a question.
