COMMITTEE SUBSTITUTE
FOR
H. B. 2566
(By Delegates Anderson, Border, Beane, Stalnaker, Leach,
Mezzatesta and Douglas)
(Originating in the Committee on Government Organization)
[March 26, 1997]
A BILL to amend and reenact section eleven, article thirty-four,
chapter thirty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to respiratory
care practitioners; and revising the grandfather clause for
respiratory care licensure.
Be it enacted by the Legislature of West Virginia:
That section eleven, article thirty-four, 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 34. BOARD OF RESPIRATORY CARE PRACTITIONERS.
§30-34-11. Examination requirement; exemption for certain
applicants.
(a) After the establishment of the board of respiratory
care, a license shall be issued to applicants who, on the effective date of this article, have passed the National Board of Respiratory Care, Inc., entry-level or registry examinations, or
their equivalent as approved by the board.
(b) Applicants who have not passed either of these national
examinations or their equivalent on the effective date of this
article and who, through written evidence, and verified by oath,
demonstrate that they have been functioning for two years in the
capacity of a respiratory care provider as defined by this
article shall be issued a temporary license to practice
respiratory care. A temporary license issued pursuant to this
section shall be renewed at intervals prescribed by the board.
A temporary license shall not be valid after the first day of
June, one thousand nine hundred ninety-seven. Persons holding a
temporary license shall be issued a license to practice only
after achieving a passing score on a licensure exam administered
or approved by the board. engaged in the practice of respiratory
care in this state for a period of three years or more within the
last five-year period immediately preceding the first day of
July, one thousand nine hundred ninety-seven, including
applicantspersons issued a temporary license or temporary permit under
prior enactment of this section, are exempt from the examination
and educational program requirements ofas contained in subdivisions (1) and (2),
subsection (a), section eight of this article and,
notwithstanding any provision of this article to the contrary,
are eligible for licensure if application for the license is made on or before the first day of July, one thousand nine hundred
ninety-eight., and the applicants meet all other applicable
requirements of this article.
(c) Any person issued a license pursuant to this section
shall be required to pay the license or renewal fees established
in section seven of this article.
NOTE: The purpose of this bill is to revise the grandfather
clause for licensure of respiratory care practitioners.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
A BILL to repeal article one-a; sections six, seven, eight, nine
and ten, article five-a; section six, article twenty-nine-b; and
article twenty-nine-c; all of chapter sixteen the code of West
Virginia, one thousand nine hundred and thirty one, as amended,
relating to repeal of archaic language relating to health-related
boards, councils, committees and programs which have terminated,
been superseded or are otherwise defunct and inactive; repealing
provisions creating the health care planning commission and
related legislative oversight committee; repealing provisions
creating the patient qualification and review board and the
controlled substances therapeutic research program; repealing
provisions creating the health care cost review advisory council;
and repealing
article relating to the indigent care act and the
legislative task force on uncompensated health care and medicaid expenditures
.
Be it enacted by the Legislature of West Virginia:
That article one-a; sections six, seven, eight, nine and
ten, article five-a; section six, article twenty-nine-b; and
article twenty-nine-c, all of chapter sixteen of the code of West
Virginia, one thousand nine hundred and thirty-one, as amended,
be repealed.
§1. Repeal of article creating a health care planning commission
and related legislative oversight committee.
Article one-a, chapter sixteen of the code of West Virginia,
one thousand nine hundred and thirty one, as amended, is hereby
repealed.
§2. Repeal of sections creating the patient qualification and
review board and the controlled substances therapeutic
research program.
Sections six, seven, eight, nine and ten, article five-a,
chapter sixteen of the code of West Virginia, one thousand nine
hundred and thirty one, as amended, are hereby repealed.
§3. Repeal of section creating the health care cost review
advisory council.
Section six, article twenty-nine-b, chapter sixteen of the
code of West Virginia, one thousand nine hundred and thirty-one,
as amended, is hereby repealed.
§4. Repeal of article relating to the indigent care act and the legislative task force on uncompensated health care and
medicaid expenditures.
Article twenty-nine-c, chapter sixteen of the code of West
Virginia, one thousand nine hundred and thirty one, as amended,
is hereby repealed.