
ENGROSSED
H. B. 4562
(By Delegates Douglas, Perdue, Manchin and Willison)
(Originating in the Committee on Government Organization)
[February 16, 2000]
A BILL to amend and reenact section ten, article three, chapter
thirty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the board of
medicine; waving application fee and expediting application
processing for licensing out-of-state doctors providing
services at children's summer camps.
Be it enacted by the Legislature of West Virginia:
That section ten, 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.
§30-3-10. Licenses to practice medicine and surgery or podiatry.



(a) The board shall issue a license to practice medicine
and surgery or to practice podiatry to any individual who is
qualified to do so in accordance with the provisions of this
article.
(b) For an individual to be licensed to practice medicine
and surgery in this state, he or she must meet the following
requirements:
(1) He or she shall submit an application to the board on
a form provided by the board and remit to the board a reasonable
examination fee, the amount of the reasonable fee to be set by
the board. The application must, as a minimum, require a sworn
and notarized statement that the applicant is of good moral
character and that he or she is physically and mentally capable
of engaging in the practice of medicine and surgery;
(2) He or she must provide evidence of graduation and
receipt of the degree of doctor of medicine or its equivalent
from a school of medicine, which is approved by the liaison
committee on medical education or by the board;
(3) He or she must submit evidence to the board of having
successfully completed a minimum of one year of graduate clinical
training in a program approved by the accreditation council for
graduate medical education; and
(4) He or she must pass an examination approved by the
board, which examination can be related to a national standard.
The examination shall be in the English language and be designed
to ascertain an applicant's fitness to practice medicine and
surgery. The board shall before the date of examination determine
what will constitute a passing score: Provided, That the board,
or a majority of them, may accept in lieu of an examination of applicants, the certificate of the national board of medical
examiners: Provided, however, That the board is authorized to
enter into reciprocity agreements with medical licensing
authorities in other states, the District of Columbia, Canada or
the Commonwealth of Puerto Rico, and, for an applicant who: (i)
Is currently fully licensed, excluding any temporary, conditional
or restricted license or permit, under the laws of another state
or jurisdiction having reciprocity;(ii) has been engaged on a
full-time professional basis in the practice of medicine within
that state or jurisdiction for a period of at least five years;
and (iii) is not the subject of any pending disciplinary action
by a medical licensing board and has not been the subject of
professional discipline by a medical licensing board in any
jurisdiction, the board may permit licensure in this state by
reciprocity. If an applicant fails to pass the examination on two
occasions, he or she shall successfully complete a course of
study or training, as approved by the board, designed to improve
his or her ability to engage in the practice of medicine and
surgery, before being eligible for reexamination.



(c) In addition to the requirements of subsection (b)
hereof, any individual who has received the degree of doctor of
medicine or its equivalent from a school of medicine located
outside of the United States, the Commonwealth of Puerto Rico and
Canada, to be licensed to practice medicine in this state, must
also meet the following additional requirements and limitations:



(1) He or she must be able to demonstrate to the
satisfaction of the board his or her ability to communicate in
the English language;
(2) Before taking a licensure examination, he or she must
have fulfilled the requirements of the educational commission for
foreign medical graduates for certification, or he or she must
provide evidence of receipt of a passing score on the examination
of the educational commission for foreign medical graduates:
Provided, That an applicant who: (i) Is currently fully licensed,
excluding any temporary, conditional or restricted license or
permit, under the laws of another state, the District of
Columbia, Canada or the Commonwealth of Puerto Rico; (ii) has
been engaged on a full-time professional basis in the practice of
medicine within the state or jurisdiction where the applicant is
fully licensed for a period of at least five years; and (iii) is
not the subject of any pending disciplinary action by a medical
licensing board and has not been the subject of professional
discipline by a medical licensing board in any jurisdiction, is
not required to have a certificate from the educational
commission for foreign medical graduates;
(3) He or she must submit evidence to the board of either:
(i) Having successfully completed a minimum of two years of
graduate clinical training in a program approved by the
accreditation council for graduate medical education; or (ii)
current certification by a member board of the American board of medical specialties.
(d) For an individual to be licensed to practice podiatry in
this state, he or she must meet the following requirements:
(1) He or she shall submit an application to the board on a
form provided by the board and remit to the board a reasonable
examination fee, the amount of the reasonable fee to be set by
the board. The application must, as a minimum, require a sworn
and notarized statement that the applicant is of good moral
character and that he or she is physically and mentally capable
of engaging in the practice of podiatric medicine;
(2) He or she must provide evidence of graduation and
receipt of the degree of doctor of podiatric medicine and its
equivalent from a school of podiatric medicine which is approved
by the council of podiatry education or by the board;
(3) He or she must pass an examination approved by the
board, which examination can be related to a national standard.
The examination shall be in the English language and be designed
to ascertain an applicant's fitness to practice podiatric
medicine. The board shall before the date of examination
determine what will constitute a passing score. If an applicant
fails to pass the examination on two occasions, he or she shall
successfully complete a course of study or training, as approved
by the board, designed to improve his or her ability to engage in
the practice of podiatric medicine, before being eligible for
reexamination; and
(4) He or she must submit evidence to the board of having
successfully completed a minimum of one year of graduate clinical
training in a program approved by the council on podiatric
medical education, or the colleges of podiatric medicine. The
board may consider a minimum of two years of graduate podiatric
clinical training in the U. S. armed forces or three years
private podiatric clinical experience in lieu of this
requirement.
(e) All licenses to practice medicine and surgery granted
prior to the first day of July, one thousand nine hundred
ninety-one, and valid on that date, shall continue in full effect
for the term and under the conditions provided by law at the time
of the granting of the license: Provided, That the provisions of
subsection (d) of this section shall not apply to any person
legally entitled to practice chiropody or podiatry in this state
prior to the eleventh day of June, one thousand nine hundred
sixty-five: Provided, however, That all persons licensed to
practice chiropody prior to the eleventh day of June, one
thousand nine hundred sixty-five, shall be permitted to use the
term "chiropody-podiatry" and shall have the rights, privileges
and responsibilities of a podiatrist set out in this article.



(f) The application fee shall be waived and the board shall
expedite its processing of an individual's application to
practice medicine and surgery, or to practice podiatry, if the
individual applies to provide services at a children's summer camp for not more than one three-week period annually.