H. B. 2908
(By Delegates Beane and Ennis)
[Introduced
March 7, 2005
; referred to the
Committee on Government Organization then Finance.]
A BILL to amend and reenact §30-1-12 of the Code of West Virginia,
1931, as amended, relating to requiring certain state boards
of examination and registration to have websites accessible to
the public; specifying minimum content; requiring the
Information Services and Communications Division within the
Department of Administration to assist the boards in
developing the websites; and requiring t
he Governor to ensure
that links to each of the boards websites are accessible
through the state's internet home page.
Be it enacted by the Legislature of West Virginia:
That §30-1-12 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. GENERAL PROVISIONS APPLICABLE TO ALL STATE BOARDS OF
EXAMINATION OR REGISTRATION REFERRED TO IN CHAPTER.
§30-1-12. Record of proceedings; register of applicants; certified copies of records prima facie evidence; report to
Governor and Legislature; public access; websites.
(a) The secretary of every board shall keep a record of its
proceedings and a register of all applicants for license or
registration, showing for each the date of his or her application,
his or her name, age, educational and other qualifications, place
of residence, whether an examination was required, whether the
applicant was rejected or a certificate of license or registration
granted, the date of this action, the license or registration
number, all renewals of the license or registration, if required,
and any suspension or revocation thereof of the license or
registration. The books and register of the board shall be open to
public inspection at all reasonable times. and The books and
register, or a copy of any part thereof of the books and register,
certified by the secretary and attested by the seal of the board,
shall be is prima facie evidence of all matters recorded therein in
the books and register.
(b) On or before the first day of January of each year in
which the Legislature meets in regular session, the board shall
submit to the Governor and to the Legislature a report of its
transactions for the preceding two years, an itemized statement of
its receipts and disbursements for that period, a full list of the
names of all persons licensed or registered by it during that
period, statistical reports by county of practice, by specialty if appropriate to the particular profession and a list of any
complaints which were filed against persons licensed by the board,
including any action taken by the board regarding those complaints.
The report shall be certified by the president and the secretary of
the board, and a copy of the report shall be filed with the
Secretary of State and with the Legislative Librarian.
(c) To promote public access, the secretary of every board
shall ensure that the address and telephone number of the board are
included every year in the state government listings of the
Charleston area telephone directory. Every board shall regularly
evaluate the feasibility of adopting additional methods of
providing public access, including, but not limited to, listings in
additional telephone directories, toll-free telephone numbers,
facsimile and computer-based communications.
(d)(1) Each board shall, by the first day of January, two
thousand six, make available to the public a website accessible
through the internet. The website shall, at a minimum, provide
access to:
(A) Information indicating where a licensee received the
professional education required as a condition of being licensed;
(B) Information indicating when a licensee completed the
professional education required as a condition of being licensed;
(C) Information indicating the date the licensee was licensed;
(D) Information indicating the number of substantiated complaints, if any, against a licensee;
(E) A complaint form that can be downloaded or filed online,
or both; and
(F) A link to the state?s website.
(2) The Information Services and Communications Division
within the Department of Administration shall assist the boards in
developing the websites.
(3) The Governor shall ensure that links to each of the boards
websites are accessible through the state's internet website.
NOTE: The purpose of this bill is to require all state boards
of examination and registration provided in chapter thirty of the
code to have websites accessible to the public. The bill specifies
the minimum content required to be on the websites, requires the
Information Services and Communications Division within the
Department of Administration to assist the boards in developing the
websites and requires t
he Governor to ensure that links to each of
the boards websites are accessible through the State's internet
website.
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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