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Introduced Version Senate Bill 445 History

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sb445 intr
Senate Bill No. 445

(By Senator Bowman)

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[Introduced March 3, 2005; referred to the Committee

on Government Organization; and then to the Committee on Finance.]

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A BILL to amend and reenact §30-36-7 and §30-36-19 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Acupuncture Board; requiring routine inspections of acupuncture facilities; authorizing the Board to take action against persons violating the code and Board rules without first having received a written complaint; and correcting an incorrect citation.

Be it enacted by the Legislature of West Virginia:
That §30-36-7 and §30-36-19 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 36. ACUPUNCTURISTS.
§30-36-7. Rule-making authority; miscellaneous powers and duties.
(a) The Board may propose for promulgation legislative rules to carry out the provisions of this article in accordance with the provisions of article three, chapter twenty-nine-a of this code.
(b) The Board may adopt a code of ethics for licensure.
(c) In addition to the powers set forth elsewhere in this article, the Board shall keep:
(1) Records and minutes necessary for the orderly conduct of business; and
(2) A list of each currently licensed acupuncturist.
(d) The Board shall conduct routine inspections of acupuncture facilities to ensure compliance with this article and rules promulgated under this article. If, due to an inspection, the Board finds a person has violated this article or a rule promulgated under this article the Board may take action under the provisions of sections eighteen and nineteen of this article, as if a written complaint had been filed against the person with the Board.
§30-36-19. Due process procedure.
(a) Upon filing with the Board a written complaint charging a person with being guilty of any of the acts described in section sixteen eighteen of this article, the administrative secretary or other authorized employee of the Board shall provide a copy of the complaint or list of allegations to the person about whom the complaint was filed. That person will have has twenty days thereafter after receipt of the complaint or list of allegations to file a written response to the complaint. The Board shall thereafter, if the allegations warrant, make an investigation. If the Board finds reasonable grounds for the complaint, a time and place for a hearing shall be set, notice of which shall be served on the licensee or applicant at least fifteen calendar days in advance of the hearing date. The notice shall be by personal service or by certified or registered mail sent to the last known address of the person.
(b) The Board may petition the circuit court for the county within which the hearing is being held to issue subpoenas for the attendance of witnesses and the production of necessary evidence in any hearing before it. Upon request of the respondent or of his or her counsel, the Board shall petition the court to issue subpoenas in behalf of the respondent. The circuit court upon petition may issue such subpoenas as it deems necessary.
(c) Unless otherwise provided in this article, hearing procedures shall be promulgated in accordance with, and a person who feels aggrieved by a decision of the Board may take an appeal pursuant to, the administrative procedures in this state as provided in chapter twenty-nine-a of this code.



NOTE: The purpose of this bill is to require the West Virginia Acupuncture Board to conduct routine inspections of acupuncture facilities. It also authorizes the Board to take action against persons violating the code and Board rules without a written complaint.

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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