COMMITTEE SUBSTITUTE
FOR
H. B. 4036
(By Delegate Morgan)
[Originating in the Committee on Government Organization.]
[January 17, 2008]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §30-34-6a; and to
amend and reenact §30-34-9 of said code, all relating to the
respiratory care board; authorizing emergency and legislative
rules; providing for temporary student permits; and
establishing fees for permits.
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 §30-34-6a; and that
§30-34-9 of said code be amended and reenacted, all to read as
follows:
ARTICLE 34. BOARD OF RESPIRATORY CARE PRACTITIONERS.
§30-34-6a. Rulemaking authority.
(a) The board shall propose rules for legislative approval, in
accordance with the provisions of article three, chapter
twenty-nine-a of this code, to implement the provisions of this article, including:
(1) Standards and requirements for licensure and permits to
practice respiratory care;
(2) Procedures for examination and reexamination;
(3) Educational and experience requirements;
(4) Standards for approval of courses;
(5) Procedures for the issuance and renewal of licences and
temporary permits;
(6) Procedures which may be delegated to a student practicing
under a temporary student permit;
(7) A fee schedule;
(8) Continuing education requirements for licensees;
(9) The procedure for denying, suspending, revoking,
reinstating or limiting the practice of a licensee or permittee;
(10) Requirements for inactive or revoked licensees or
temporary permits; and
(11) Any other rules necessary to effectuate the provisions of
this article.
(b) All rules in effect on the effective date of this section
remain in effect until they are amended, repealed or replaced.
§30-34-9. Temporary student permits.
(a)Upon payment of the proper fee Subject to the provisions
of subsection (d) of this section, the board may issue a temporary
student permit to practice respiratory care for a period of
up to
six months
under the following conditions:
(a) The applicant is currently practicing, or has practiced
within the last twelve months in another state, territory or
country, and is completing the requirements for licensing in this
state: Provided, That the applicant provides written evidence,
verified by oath of that practice;
(b) The applicant is a graduate of a respiratory care
educational program and is scheduled to take the next available
examination, or is awaiting the results of that examination:
Provided, That the temporary permit shall be revoked in the event
that the applicant does not achieve a passing score on the entry
level technician examination. to a student enrolled in a
respiratory care educational program which is approved by the board
if the student submits:
(1) A student work permit form signed by the program director
and by a principal administrative official of the institution where
the program is located;
(2) An official transcript indicating successful completion of
a minimum of thirty semester hours or the quarter hour equivalent,
eighteen of which must be specific to respiratory care core
curriculum, and at least two hundred clinical hours;
(3) Documentation from the program director and by a principal
administrative official of the institution where the program is
located stating that the student has successfully completed
didactic and clinical competency requirements equal to the first
year curriculum and approved by the board; and
(4) A signed permit application form and an initial permit application fee as prescribed by rule.
(b) A student practicing under a temporary student permit may
work only under the supervision of an employee of the same
department with a minimum Licensed Respiratory Therapist Certified
credential issued by the board and who is present on the premises
and available to the student at all times.
(c) A student practicing under a temporary student permit may
not use worked paid hours as a substitute for clinical rotations
required by his or her respiratory care educational program.
(d) Upon expiration of the initial permit, the student may
apply for one renewal permit for up to six additional months by
providing documentation from the program director stating the
student is actively enrolled in at least nine semester hours, and
is making satisfactory progress in his or her respiratory care core
curriculum and clinical rotations, and payment of a renewal fee as
prescribed by rule.
(e) The board may promulgate emergency rules, pursuant to the
provisions of section fifteen, article three, chapter twenty-nine-a
of this code, to set forth those procedures which may be delegated
to a student practicing under a temporary student permit and fees
for issuance and renewal of temporary student permits. The board
may not issue temporary student permits unless and until the rule
authorized by this subsection is in effect.
NOTE: The purpose of this bill is to grant the board of
Respiratory Care Practitioners rulemaking authority and the
authority to issue temporary student permits.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would
be added.
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