HOUSE CONCURRENT RESOLUTION NO. 48

(By Delegates Douglas, Collins, Varner, Everson

and Thompson)



Requesting the Joint Committee on Government and Finance to conduct a study to develop criteria to be met by professions and occupations seeking licensure in the State of West Virginia.

Whereas, In order to ensure the public health, safety and welfare, it is in the public interest to license and regulate certain professions and occupations in the State of West Virginia; and

Whereas, The licensure and regulation of some professions and occupations without evidence from which to determine that the benefits justify the costs could serve to restrict competition and unnecessarily burden the public and other professions and occupations; and

Whereas, There are no criteria set forth in current code to evaluate the necessity to regulate a particular profession or occupation; and

Whereas, Prioritization of proposed licensure legislation is needed to ensure adequate oversight of those professions and
occupations which present a risk for harm to the public and require specialized skills and training; therefore, be it
Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to conduct a study to develop criteria to be met by professions and occupations seeking licensure in the sState of West Virginia; and, be it

Further Resolved, That in developing standards for state licensure legislation, the committee shall consider, among other factors, the following criteria: tThe risk of harm to the public which would be presented by the unregulated practice of the profession or occupation; specialized education or training required to practice the profession or occupation; the degree of independent judgment required to fulfill the functions and responsibilities of the practitioner; whether the scope of practice is distinguishable from other licensed, certified and registered occupations; the economic costs to the public of regulating the occupational group; and the availability of alternatives to state regulation which would adequately protect the public interest; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 1998, on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That expenses necessary to conduct this study and to prepare and report necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.