SENATE CONCURRENT RESOLUTION NO. 27
(By Senators Prezioso, Jenkins, Barnes, Foster and Plymale)
Amending the Joint Rules of the Senate and House of Delegates.
Resolved by the Legislature of West Virginia:
That the Joint Rules of the Senate and House of Delegates be
amended by adding thereto a new rule, designated Joint Rule No. 32,
to read as follows:
Joint Committee on Scope of Medical Practice:
32. (a) All scope of practice related legislation introduced
in either house of the Legislature shall be referred to the
standing committee on Health and Human Resources in addition to any
other reference the presiding officer may designate. Upon
reference of any scope of practice related legislation, the
committee shall forward such legislation to the Commission on Scope
of Practice who shall return recommendations regarding the merit of
the legislation to the committee prior to the committee's
consideration of such legislation.
(b) The commission shall make a continuing study and
investigation of scope of practice of all health care and medical
fields functioning in the state. The powers and duties of the
commission regarding scope of practice include, but are not limited
to, the following:
(1) Studying the expansion or limitation of the scope of
medical practice of all health care fields functioning in West Virginia;
(2) Making recommendations on the merits of expanding or
limiting the various scope of practices of all health related and
medical fields functioning within the state following receipt of
recommendation of the Commission on Scope of Practice;
(3) Analyzing each item of proposed scope of practice
legislation, including amendments thereto, with particular
reference to analysis as to safety, medical necessity, and
adherence to sound medical guidelines and policy, and reporting of
its findings in regard thereto to the Legislature; and
(4) Maintaining reference materials concerning scope of
practice matters, including, without limitation, information as to
laws and systems in other states.
(c) The Legislature may not consider any legislation that
would modify the scope of practice of medical or health care field
without first obtaining recommendations from the Commission on
Scope of Practice. Upon receipt of a recommendation from the
Commission on Scope of Practice, the committee may adopt the
recommendation, reject the recommendation or amend it as the
committee deems necessary in the public interest.
(d) This rule may be suspended by the adoption of a resolution
by two-thirds of the membership of each house providing for the
suspension of the rule.