West Virginia

Current Code

West Virginia Code § 16-41-3 — Duties and Directives of the Oral Health Program
(Effective through 2025 Regular Session)

West Virginia Code § 16-41-3 establishes the duties and directives of the state’s Oral Health Program, with a significant emphasis on oral cancer prevention and education. The Director of the Oral Health Program is responsible for implementing initiatives aimed at preventing and detecting oral cancer, particularly focusing on high-risk and underserved populations, with the goal of reducing oral cancer mortality. In collaboration with dental care providers, the commissioner is tasked with developing and implementing ongoing oral cancer education programs. These programs are designed to train healthcare providers in screening and referring patients with oral cancer and to promote the cessation of alcohol and tobacco use, especially among vulnerable groups. The content of these programs must address the risk factors, signs and symptoms, and high-risk behaviors associated with oral cancer, as well as the accessibility of screening services. Additionally, the Director of the Oral Health Program is charged with administering and supervising all dental health programs within the Bureau of Public Health.

§ 16-9A-1. Legislative Findings and Intent

The Legislature of West Virginia declares it to be the policy and intent of the state to discourage and ban the use of tobacco products by minors. As the basis for this policy, the Legislature acknowledges and accepts the medical evidence showing that tobacco products may cause lung cancer, lung or heart disease, emphysema, and other serious health issues. Additionally, the use of smokeless tobacco is linked to gum disease and oral cancer. It is the further intent of the Legislature to reduce tobacco use by keeping tobacco products out of the hands of youth and young adults. To achieve this, the law bans the sale of tobacco products to individuals under the age of 21. The overall goal is to alleviate personal suffering, reduce economic loss caused by tobacco use, and promote a citizenry free from tobacco dependence in West Virginia.

Legislation*

*legislation that was introduced, but not passed

2000

2000 Bill Text WV H.B. 4347 – Engrossed February 29, 2000

This bill amended Article 9A, Chapter 16 of the West Virginia Code to restrict tobacco advertising and sponsorships. It reaffirmed the Legislature’s intent to discourage tobacco use by minors, citing medical evidence linking smoking to lung cancer, heart disease, emphysema, and the use of smokeless tobacco to gum disease and oral cancer. It aimed to prevent youth tobacco use by limiting advertising, banning outdoor and transit tobacco ads by July 1, 2001, and restricting brand name sponsorship of events with youth audiences or participants. This was previously introduced in 1996 and 1997.

2001

2001 Bill Text WV H.C.R. 90 – Engrossed, April 14, 2001

The Legislature requested the Joint Committee on Government and Finance to study the state of oral health in West Virginia. The resolution stated that oral examinations could detect hundreds of diseases early, and that over 30,000 cases of oral cancer were diagnosed annually in the U.S., with approximately 8,000 resulting in death. Tobacco and excessive alcohol use were identified as primary causes. A national survey showed that only 14% of adults over age 40 had ever had an oral cancer exam. The study was to examine the prevalence and types of oral disease, how West Virginia compared nationally, the impact of rural populations on access to care, and the need for oral health education and exams. Findings and recommendations were to be reported to the 2002 Legislature, with expenses paid from legislative appropriations.

2022

2022 Bill Text WV S.C.R. 57 – Introduced March 7, 2022*

The West Virginia Legislature requested that the West Virginia Insurance Commission study insurance coverage options and costs for medically necessary dental and oral health procedures related to cancer diagnoses. The resolution cited that about 50,000 Americans are diagnosed with oral cancer annually, with a five-year survival rate of approximately 50%. Due to late detection, oral cancer often presents at a more dangerous stage. The study was to include evaluations, examinations, treatments, medications, rehabilitation, and devices necessary for cancer treatment or to restore functions like eating, breathing, speech, and swallowing. The Insurance Commission was directed to report its findings to the Legislative Oversight Commission on Health and Human Resources Accountability by July 1, 2023.

2024

2023 Bill Text WV S.B. 651 – Introduced February 15, 2023
Oral Health and Cancer Rights Act*

Senate Bill 651 proposed the Oral Health and Cancer Rights Act, which would have required health benefit plans to cover medically necessary dental procedures resulting from cancer treatments such as surgery, chemotherapy, biotherapy, pharmacology, immunotherapy, or radiation. Covered services would have included evaluations, exams, education, lab assessments, treatments, restoration, rehabilitation, medical devices, and prosthetics related to eating, breathing, voice, speech, and swallowing. A specific billing modifier (“West Virginia Code Section 33-62-1”) would have been required for coverage. The act was set to become effective on July 1, 2024, but did not pass.

2024 Bill Text WV H.B. 5084 – Enrolled March 9, 2024

House Bill 5084 amended several sections of West Virginia Code related to tobacco products. The legislative findings stated that tobacco products may cause lung cancer, heart disease, emphysema, and that smokeless tobacco may cause gum disease and oral cancer. The bill raised the legal age for purchasing tobacco products—including electronic smoking devices—to 21, required ID verification, imposed escalating fines for violations, and assigned enforcement responsibilities to the Bureau for Behavioral Health. Several iterations of this legislation were proposed as early as 2016, but had previously failed.