COMMITTEE SUBSTITUTE

for

H. B. 3061

         (By Delegates Morgan, Stephens and Martin)

    [Originating in the Committee on Government Organization]

(February 21, 2011)

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-1-21, relating to authorizing health related licensing boards to authorize residents and nonresident licensees to voluntarily provide services in certain circumstances; setting forth minimum requirements for authorization; and requiring promulgation of legislative rules prior to implementing the provisions of this section.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §30-1-21, to read as follows:

ARTICLE 1. GENERAL PROVISIONS APPLICABLE TO ALL STATE BOARDS OF EXAMINATION OR REGISTRATION REFERRED TO IN CHAPTER.

§30-1-21. Boards may establish authorization for residents and nonresident licensees to voluntarily provide services.

    (a) Subject to the requirements of this section, the physical and mental health related boards in this chapter may establish a license, certificate, permit or other authorization for resident and nonresident licensees from other jurisdictions to voluntarily provide services to indigent and needy persons or to persons at organized events sponsored by nonprofit corporations.

    (b) The boards may issue a volunteer’s license, certificate, permit or other authorization, without examination or payment of application, examination, license, renewal or other fees, upon receipt and review of an application which includes the following:

    (1) A copy of the applicant's professional degree;

    (2) One of the following, as applicable:

    (A) A copy of the applicant's most recent license to practice the profession regulated by the board issued by a jurisdiction in the United States that licenses persons to practice the profession; or

    (B) A copy of the applicant's most recent license equivalent to a license to practice the profession in one or more branches of the United States Armed Services, issued by the United States Government; and

(3) Evidence of one of the following, as applicable:

    (A) That the applicant has maintained for at least two years licensure in good standing in any jurisdiction in the United States that licenses persons to practice the profession; or

    (B) That the applicant has practiced the profession in good standing for at least two years in one or more branches of the United States Armed Services; and

    (4) A notarized statement from the applicant, on a form prescribed by the board, that the applicant will not accept any form of remuneration for any services rendered while in possession of a volunteer's license, certificate, permit or other authorization.

    (c) Before the implementation of this section, a board shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, setting forth the requirements, application process and permissible uses of the license, certificate, permit or other authorization.