§ 16-5G-2 — Definitions

West Virginia § 16-5G-2

• Jurisdiction: West Virginia
• Ch. 16: PUBLIC HEALTH
• Art. 5G: OPEN HOSPITAL PROCEEDINGS

Text

As used in this article:

(1) "Decision" means any determination, action, vote or final disposition of a motion, proposal, resolution, order or measure on which a vote of the governing body is required at any meeting at which a quorum is present;

(2) "Executive session" means any meeting or part of a meeting of the governing body of a hospital that is closed to the public;

(3) "Governing body" means:

(A) With respect to a hospital owned or operated by a nonprofit corporation, the board of directors established pursuant to section eight hundred one, article eight, chapter thirty-one-e of this code;

(B) With respect to a county hospital, the board of trustees established pursuant to section fifteen, article three, chapter seven of this code; or

(C) With respect to all other hospitals subject to this article, the single board of directors, board of trustees, or, if given another name, the single group of governing board members having the authority to make decisions concerning the management and control of a hospital: Provided, That the medical staff of a hospital, the executive committee of the medical staff of a hospital and any other committee or subcommittee of the medical staff of a hospital are not a governing body of any hospital described in paragraphs (A), (B) and (C) of this subdivision;

(4) "Hospital" means any hospital owned or operated by a nonprofit corporation, nonprofit association or local governmental unit;

(5) "Meeting" means the convening of the governing body of a hospital for which a quorum is required in order to make a decision or to deliberate toward a decision on any matter: Provided, That the convening of a committee, subcommittee or other subcomponent of the governing body or the convening of any group other than the governing body that makes recommendations to the governing body is not a meeting within the meaning of this article unless the committee, subcommittee, subcomponent or group is vested with independent decision-making authority and exercises the independent decision-making authority at any convening; and

(6) "Quorum" means, unless otherwise defined by applicable law, a simple majority of the constituent membership of the governing body.

Legislative History

2016 Reg. Sess., HB4520; 2015 Reg. Sess., SB399; 1999 Reg. Sess., HB2005; 1982 Reg. Sess., HB2035