H. B. 2207
(By Delegates P. White, S. Cook and Gallagher)
[Introduced February 19, 1993; referred to the
Committee on Health and Human Resources.]
A BILL to amend and reenact section thirteen, article three,
chapter thirty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to
unauthorized practice of medicine and surgery, podiatry or
physicians assistants; criminal penalties; and limitations.
Be it enacted by the Legislature of West Virginia:
That section thirteen, article three, chapter thirty of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.
§30-3-13. Unauthorized practice of medicine and surgery or
podiatry; criminal penalties; limitations.
(a) A person shall not engage in the practice of medicine
and surgery or podiatry, hold himself or herself out as qualified
to practice medicine and surgery or podiatry or use any title,
word or abbreviation to indicate to or induce others to believe
that he or she is licensed to practice medicine and surgery orpodiatry in this state unless he or she is actually licensed
under the provisions of this article. No person may practice as
a physician assistant, hold himself or herself out as qualified
to practice as a physician assistant, or use any title, word or
abbreviation to indicate to or induce others to believe that he
or she is licensed to practice as a physician assistant in this
state unless he or she is actually licensed under the provisions
of this article. Any person who violates the provisions of this
subsection is guilty of a misdemeanor, and, upon conviction
thereof, shall be fined not more than ten thousand dollars, or
imprisoned in the county jail not more than twelve months, or
both fined and imprisoned.
(b) The provisions of this section do not apply to:
(1) Persons who are duly licensed health care providers
under other pertinent provisions of this code and are acting
within the scope of their license;
(2) Physicians or podiatrists licensed in other states or
foreign countries who are acting in a consulting capacity with
physicians or podiatrists duly licensed in this state, for a
period of not more than three months;
(3) Persons holding licenses granted by another state or
foreign country who are commissioned medical officers of, a
member of or employed by the armed forces of the United States,
the United States public health service, the veterans'
administration of the United States, any federal institution or
any other federal agency while engaged in the performance oftheir official duties;
(4) Any person providing first-aid care in emergency
situations;
(5) The practice of the religious tenets of any recognized
church in the administration of assistance to the sick or
suffering by mental or spiritual means;
(6) Visiting medical faculty engaged in teaching or research
duties at a medical school or institution recognized by the board
and who are in this state for periods of not more than six
months:
Provided,
That such individuals do not otherwise engage
in the practice of medicine or podiatry outside of the auspices
of their sponsoring institutions;
(7) Persons enrolled in a school of medicine approved by the
liaison committee on medical education or by the board, or
persons enrolled in a school of podiatric medicine approved by
the council of podiatry education or by the board, or persons
enrolled in an undergraduate or graduate assistant program
approved by the committee on allied health education and
accreditation on behalf of the American Medical Association or by
the board, or engaged in graduate medical training in a program
approved by the liaison committee on graduate medical education
or the board who are performing functions in the course of
training, including with respect to functions performed by
medical residents under the supervision of a licensed physician,
ordering and obtaining laboratory tests, medications and other
patient orders by computer or other electronic means and no otherprovision of this code to the contrary may be construed to
prohibit or limit their use of computers or other electronic
devices in this manner;
(8) The fitting, recommending or sale of corrective shoes,
arch supports or similar mechanical appliances in commercial
establishments; and
(9) The fitting or sale of a prosthetic or orthotic device
not involving any surgical procedure, in accord with a
prescription of a physician, osteopathic physician, or where
chiropractors or podiatrists are authorized by law to prescribe
such a prosthetic or orthotic device, in accord with a
prescription of a chiropractor or podiatrist, by a practitioner
or registered technician certified by the American Board for
Certification of Orthotics and Prosthetics in either prosthetics
or orthotics:
Provided,
That the sale of any such prosthetic or
orthotic device by a partnership, proprietorship or corporation
which employs such a practitioner or registered technician who
fitted such prosthetic or orthotic device shall not constitute
the unauthorized practice of medicine:
Provided,
however, That
such practitioner or registered technician may, without a
prescription, make recommendation solely to a physician or
osteopathic physician or to a chiropractor or podiatrist
otherwise authorized by law to prescribe a particular prosthetic
or orthotic device, regarding any prosthetic or orthotic device
to be used for a patient upon a request for such recommendation.
(c) This section shall not be construed as being in any waya limitation upon the services of a physician's assistant
performed in accordance with the provisions of this article.
NOTE: The purpose of this bill is to permit physicians
assistants and medical residents to function in the course of
their training without being in violation of the West Virginia
Medical Practice Act.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.