After a Pennsylvania ATV crash where a closer West Virginia EMS unit could have helped but couldn't because the two counties weren't bordering, can Morgan County (WV) sign a mutual-aid EMS agreement with Fulton County, Pennsylvania, even though they're separated by Maryland?

Plain-English summary

The opinion responds to a tragedy. In December 2025, a fatal ATV accident happened in Fulton County, Pennsylvania. Morgan County, West Virginia EMS was the closest unit and could have responded quickly. They didn't, because there was no mutual-aid agreement between Morgan County and Fulton County. The eventually responding EMS unit was 50 miles away. A woman died. A child was seriously injured.

Morgan County wants to fix that going forward. The county prosecutor asked the AG whether either the County Commission or the county's EMS provider can sign a mutual-aid agreement with Fulton County, given that Morgan County borders only Maryland and Virginia, while Fulton County is in Pennsylvania (separated from Morgan County by a sliver of Washington County, Maryland).

The AG answered that the county-level entities cannot sign that agreement. Three different statutes govern, and each contains a contiguity requirement that Pennsylvania does not satisfy. But the State Commissioner of the Bureau for Public Health, under § 16-4C-20, has broader authority to enter "service reciprocity agreements" with appropriate officials in other states. Unlike county commissions and local EMS providers, the Commissioner is not statutorily limited to contiguous counties. So the cross-state mutual aid Morgan County needs is legally possible, but it has to be signed at the state level.

What this means for you

Eastern Panhandle residents

The opinion describes a geography where the closest emergency services across a state line cannot lawfully respond under the county-level mutual-aid statutes because the relevant states are not contiguous to the West Virginia county. Under the opinion, only the State Commissioner of the Bureau for Public Health (under § 16-4C-20) holds authority to enter a mutual-aid agreement with non-contiguous out-of-state officials.

County commissioners and county prosecutors

The opinion reads § 7-1-3i's EMS-specific clause as limited to subdivisions of "such other" bordering state, even though a preceding clause appears broader ("any lawful purpose"). Under Robinson v. City of Bluefield (2014), the specific clause controls. The opinion concludes that a West Virginia county commission cannot enter an EMS mutual-aid agreement with a non-contiguous state. The opinion identifies the State Commissioner of the Bureau for Public Health (under § 16-4C-20) as the only entity statutorily authorized to enter that agreement.

Local EMS directors

The opinion reads § 15-5-9(c) as limiting EMS mutual-aid agreements to entities in "bordering counties in contiguous states." The opinion reads § 16-4C-20 as covering only intra-state EMS reciprocity or agreements with EMS providers in counties contiguous to West Virginia. The opinion does not address informal or one-off humanitarian responses across a state line.

State legislators

The opinion identifies "a legislative change to address the unique geographic circumstances in the Eastern Panhandle" as one of two avenues forward, alongside action by the State Commissioner of the Bureau for Public Health under § 16-4C-20. The opinion does not propose specific statutory language.

The State Commissioner of the Bureau for Public Health

The opinion concludes that the Commissioner can enter a service reciprocity agreement with appropriate officials in Pennsylvania covering Fulton County, and that the statute imposes no contiguity restriction on the Commissioner. The opinion states that, given the geography, "a mutual-aid agreement between the two counties may be prudent. But the State Commissioner is the only person statutorily authorized to pursue it."

Common questions

Q: Why does contiguity matter so much in these statutes?
A: The legislature wrote contiguity requirements into West Virginia Code § 7-1-3i and § 15-5-9(c) to limit cross-state agreements to neighboring states. The AG reads the statutes literally: Morgan County borders only Maryland and Virginia, so any EMS reciprocity it signs with another state can only be with subdivisions of those two states.

Q: Why does the EMS-specific clause beat the broader "any lawful purpose" language?
A: The AG cites Robinson v. City of Bluefield (2014) for the rule that "specific statutory language generally takes precedence over more general statutory provisions." Even if the general clause appears to allow agreements with anyone, the specific EMS clause that immediately follows it limits EMS agreements to bordering states. Specific beats general.

Q: Does this opinion mean a West Virginia ambulance can't ever cross into Fulton County?
A: It means a West Virginia EMS provider in Morgan County cannot have a formal mutual-aid agreement with Fulton County under current law. Whether and how an EMS unit might still respond on a one-off humanitarian basis is a separate question the opinion does not address. Most departments would be cautious about responding without a written agreement, both for liability and for licensure reasons.

Q: What about Washington County, Maryland in between?
A: Washington County borders Morgan County, so Morgan County can have a mutual-aid agreement with Washington County under § 7-1-3i. That covers most border-area emergencies, but not the specific Pennsylvania-side situations at issue here.

Q: How is the State Commissioner different?
A: Section 16-4C-20 gives the State Commissioner authority to enter "service reciprocity agreements" with "appropriate officials in other states," and the statute does not impose a geographic contiguity requirement on the Commissioner the way it does on county commissions and local EMS providers. The opinion reads this as a deliberate choice by the legislature: the state-level officer can act where local officers cannot.

Q: Can the legislature fix this?
A: Yes. The opinion explicitly identifies "a legislative change to address the unique geographic circumstances in the Eastern Panhandle" as one viable path. The other is action by the State Commissioner. Either route would let Morgan County and Fulton County have the mutual aid arrangement they want.

Background and statutory framework

West Virginia counties operate under the constitutional and statutory framework of W. Va. Const. art. IX, § 11 and State ex rel. State Line Sparkler v. Teach (1992). Counties have only powers expressly conferred or necessarily implied. So when a county commission proposes a contract beyond ordinary county business, the question is always whether some statute confers the power.

For mutual-aid agreements, three statutes are relevant:

Section 7-1-3i authorizes county commissions in counties that "shar[e] a common border with any other state" to "enter into reciprocal agreements" with subdivisions of "such other" bordering state for fire and EMS services. The opinion reads "such other" as referring back to the bordering state, not to any state. Black's Law Dictionary defines "such" as "[t]hat or those; having just been mentioned." So a Morgan County agreement under § 7-1-3i is limited to Maryland and Virginia subdivisions.

Section 15-5-9(c) allows the local director of emergency services to enter mutual-aid agreements for EMS support with entities "in bordering counties in contiguous states" only. Same problem: Pennsylvania does not border Morgan County.

Section 16-4C-20 authorizes EMS providers to enter "service reciprocity agreements … [(1)] with the appropriate emergency medical service providers, county, municipal or other governmental units or [(2)] in counties contiguous to the state of West Virginia." The AG reads the statute as a disjunctive: the first clause is about in-state agreements (because the cross-referenced definitions in § 16-4C-3 limit "EMS providers" and "municipalities" to West Virginia), and the second clause is about contiguous-county arrangements. Neither clause covers a Morgan-Fulton agreement.

The same § 16-4C-20 grants broader authority to the State Commissioner of the Bureau for Public Health: the Commissioner can enter service reciprocity agreements with "appropriate officials in other states." That clause has no contiguity restriction. So a state-level agreement bridges the gap that local-level agreements cannot.

The opinion uses the ejusdem generis and noscitur a sociis canons to confirm that "county" and "governmental units" in § 16-4C-20's first clause should be read as in-state entities, consistent with the surrounding defined terms. W. Va. Consol. Pub. Ret. Bd. v. Clark (2021) provides the canon framework. State v. Rummer (1993) provides the rule that disjunctive "or" sets up alternatives.

Citations and references

Statutes and Constitution:

• W. Va. Code § 5-3-2 (AG advice)
• W. Va. Code § 7-1-3i (reciprocal cross-state agreements)
• W. Va. Code § 15-5-9 (local emergency services mutual aid)
• W. Va. Code § 16-4C-20 (EMS service reciprocity)
• W. Va. Code § 16-4C-3 (EMS definitions)
• W. Va. Const. art. IX, § 11

Cases:

• State ex rel. State Line Sparkler of WV, Ltd. v. Teach, 187 W. Va. 271, 418 S.E.2d 585 (1992) (limited county powers)
• Robinson v. City of Bluefield, 234 W. Va. 209, 764 S.E.2d 740 (2014) (specific statutory language controls)
• State v. Rummer, 189 W. Va. 369, 432 S.E.2d 39 (1993) (disjunctive "or" sets alternatives)
• W. Va. Consol. Pub. Ret. Bd. v. Clark, 245 W. Va. 510, 859 S.E.2d 453 (2021) (interpretive canons)

Source

• Landing page: not separately published (the PDF is the official record)
• Original PDF: https://ago.wv.gov/media/37688/download?inline

Original opinion text

State of West Virginia
Office of the Attorney General
John B. McCuskey
Attorney General

Phone: (304) 558-2021
Fax: (304) 558-0140
February 19, 2026

The Honorable Daniel M. James
Morgan County Prosecuting Attorney
77 Fairfax Street, Suite 301
Berkeley Springs, West Virginia 25411

Dear Prosecutor James:

You have asked for an Opinion of the Attorney General about whether Morgan County can enter into a mutual-aid agreement for reciprocal emergency medical services with a nearby, noncontiguous county, Fulton County, Pennsylvania.

We are issuing this Opinion under West Virginia Code § 5-3-2, which provides that the Attorney General "may consult with and advise the several prosecuting attorneys in matters relating to the official duties of their office." When this Opinion relies on facts, it depends solely on the factual assertions in your correspondence and discussions with the Office of the Attorney General.

You explain that a tragic ATV accident occurred in Fulton County, Pennsylvania in December 2025. Fulton County emergency personnel asked Morgan County to assist; Morgan County EMS was nearby and could have responded quickly. But because Morgan County did not have a mutual-aid agreement, a contract allowing two counties to share EMS services, with Fulton County, it could not send EMS to the scene. The EMS provider that eventually responded was fifty miles away. A woman died. A child was seriously injured.

To avoid another situation like last December, the Morgan County Commission wants to execute a mutual-aid agreement with the appropriate entity in Fulton County. You plan for the agreement to require services to run both ways: from Morgan County to Fulton County and vice versa. Morgan County and Fulton County both have their own EMS providers.

Historically, however, Morgan County has entered into agreements of this type only with contiguous counties. Yet Morgan County does not border Fulton County. At the closest point, the two counties are only two miles apart. Washington County, Maryland intersects the two.

Given these unique geographic circumstances, your letter raises the following legal question:

Can either the Morgan County Commission or the Morgan County EMS provider enter into a mutual-aid agreement with Fulton County, Pennsylvania, a noncontiguous county?

Because Morgan County and Fulton County are not contiguous, we conclude that neither the Morgan County Commission nor the EMS provider can execute the mutual-aid agreement. West Virginia Code § 7-1-3i allows county commissions to enter into mutual-aid agreements with local governments in other states, but only if they share a "common border." Likewise, Sections 15-5-9 and 16-4C-20 allow EMS providers to enter into agreements with entities outside the state, but only if those entities are in contiguous counties. Still, the Commissioner of the Bureau for Public Health can execute a mutual-aid agreement with Fulton County at Morgan County's request.

DISCUSSION

County commissions are "created by statute, and possessed only of such powers as are expressly conferred by the Constitution and legislature, together with such as are reasonably and necessarily implied in the full and proper exercise of the powers so expressly given." Syl. pt. 1, State ex rel. State Line Sparkler of WV, Ltd. v. Teach, 187 W. Va. 271, 418 S.E.2d 585 (1992) (citations omitted); see generally W. VA. CONST. art. IX, § 11 ("Powers of county commissions"). Thus, we start with the relevant statutes.

State law authorizes county commissions to enter into certain mutual-aid agreements, but only with a county in a contiguous state. Under West Virginia Code § 7-1-3i, county commissions in counties that "shar[e] a common border with any other state" can "enter into reciprocal agreements" with only subdivisions of "such other" bordering state for fire and EMS services. Although a preceding clause of the same statute seems to allow agreements for "any lawful purpose" with contiguous and non-contiguous governments alike, id., this more general language would not trump the narrower language found in the EMS-specific provision, see Robinson v. City of Bluefield, 234 W. Va. 209, 214, 764 S.E.2d 740, 745 (2014) ("[S]pecific statutory language generally takes precedence over more general statutory provisions." (citation omitted)).

Here, Morgan County does not "share a common border" with Pennsylvania. It borders only Maryland and Virginia, and it can enter cross-border agreements with counties only in those "such other" states. See Such, BLACK'S LAW DICTIONARY (12th ed. 2024) ("That or those; having just been mentioned"). Thus, its county commission cannot "enter into reciprocal agreements" for EMS services with Fulton County, Pennsylvania. W. VA. CODE § 7-1-3i.

Nor can the EMS providers enter this mutual-aid agreement. Two code sections apply, and both contain a contiguousness requirement.

First, Section 15-5-9(c) permits "the director of each local organization [for emergency services]" to "enter into mutual aid agreements" for "day-to-day mutual aid support for fire and [EMS]" with entities in "bordering counties in contiguous states" only. Again, Morgan County, West Virginia and Fulton County, Pennsylvania are not "bordering counties in contiguous states."

Second, Section 16-4C-20 authorizes EMS providers to enter "service reciprocity agreements … [(1)] with the appropriate emergency medical service providers, county, municipal or other governmental units or [(2)] in counties contiguous to the state of West Virginia." W. VA. CODE § 16-4C-20 (emphasis added). The statute contains a "disjunctive 'or,'" so it "connotes an alternative between the two clauses it connects." State v. Rummer, 189 W. Va. 369, 377, 432 S.E.2d 39, 47 (1993) (cleaned up). The second clause, allowing mutual-aid agreements "in counties contiguous to the state of West Virginia," plainly does not apply. W. VA. CODE § 16-4C-20. The first clause isn't an option, either. It covers only intra-state agreements. The Legislature expressly defined "[e]mergency medical service providers" and "[m]unicipal[ities]" as those located in West Virginia. Id. § 16-4C-3(i), (m). And applying the ejusdem generis and noscitur a sociis canons, we extend that same limitation to "county" and "governmental units." Id. § 16-4C-20; W. Va. Consol. Pub. Ret. Bd. v. Clark, 245 W. Va. 510, 520, 859 S.E.2d 453, 463 (2021).

Thus, neither the Morgan County Commission nor the Morgan County EMS provider can enter into a mutual-aid agreement with Fulton County.

One potential avenue, aside from a legislative change to address the unique geographic circumstances in the Eastern Panhandle, remains available. The State "Commissioner of the Bureau for Public Health," W. VA. CODE § 16-4C-3(c), can enter into service reciprocity agreements with "appropriate officials in other states" under Section 16-4C-20. Unlike county commissions and EMS providers, the statute does not geographically limit the Commissioner as to which service reciprocity agreements he may execute. Because of the unique geography of the eastern panhandle of the state, namely, Morgan County's close proximity to Fulton County without the two counties being contiguous, and because a mass casualty event in either county may require dual dispatch of multiple nearby EMS units, a mutual-aid agreement between the two counties may be prudent. But the State Commissioner is the only person statutorily authorized to pursue it.

In short, we conclude that Morgan County cannot enter into a mutual-aid agreement for emergency services with Fulton County. But such an agreement may still be created if the West Virginia Commissioner of the Bureau for Public Health executes it with the appropriate official in Pennsylvania.

Sincerely,

John B. McCuskey
West Virginia Attorney General

Holly J. Wilson
Principal Deputy Solicitor General