Senate Bill No. 184
(By Senator Minear)
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[Introduced January 24, 2000; referred to the Committee Health
and Human Resources.]
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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 orthotist and
prosthetist certification; and changing outdated language to
reflect current national certification and accreditation
standards.
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 or podiatry in
this state unless he or she is actually licensed under the
provisions of this article. A person engaged in the practice of
telemedicine is considered to be engaged in the practice of
medicine within this state and is subject to the licensure
requirements of this article. As used in this section, the term
"practice of telemedicine" means the use of electronic information
and communication technologies to provide health care when distance
separates participants and includes one or both of the following:
(1) The diagnosis of a patient within this state by a physician
located outside this state as a result of the transmission of
individual patient data, specimens or other material by electronic
or other means from within this state to the physician or his or
her agent; or (2) the rendering of treatment to a patient within
this state by a physician located outside this state as a result of
transmission of individual patient data, specimens or other material by electronic or other means from within this state to the
physician or his or her agent. No person may practice as a
physician's assistant, hold himself or herself out as qualified to
practice as a physician's 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's 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: Provided, That this exemption is
applicable on a one-time only basis;
(3) An individual physician or podiatrist, or physician or
podiatrist, or physician or podiatrist groups, or physicians or
podiatrists at a tertiary care or university hospital outside this
state and engaged in the practice of telemedicine who consult or
render second opinions concerning diagnosis or treatment of
patients within this state: (i) In an emergency or without
compensation or expectation of compensation; or (ii) on an
irregular or infrequent basis which occurs less than once a month
or less than twelve times in a calendar year;
(4) 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 of their official duties;
(5) Any person providing first-aid care in emergency
situations;
(6) 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;
(7) 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 the individuals do not otherwise engage in the
practice of medicine or podiatry outside of the auspices of their
sponsoring institutions;
(8) 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 physician assistant program approved by
the committee on allied health education and accreditation or its
successor on behalf of the American medical association or by the
board, or persons engaged in graduate medical training in a program
approved by the liaison committee on graduate medical education or
the board, or engaged in graduate podiatric training in a program
approved by the council on podiatric medical education or by the
board, who are performing functions in the course of training
including with respect to functions performed by medical residents
or medical students 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 other provision of this code to the contrary may be construed to prohibit
or limit medical residents' or medical students' use of computers
or other electronic devices in this manner;
(9) The fitting, recommending or sale of corrective shoes,
arch supports or similar mechanical appliances in commercial
establishments; and
(10) 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 certified in the provision of
custom orthotic and prosthetic devices, respectively, by a
nationally recognized credentialing body for orthotics and
prosthetics that is accredited by the National Commission for
Certifying Agencies (NCCA): Provided, That the sale of any
prosthetic or orthotic device by a partnership, proprietorship or
corporation which employs such a practitioner or registered
technician who fitted the prosthetic or orthotic device shall not constitute the unauthorized practice of medicine: Provided,
however, That the 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 way a
limitation upon the services of a physician's assistant performed
in accordance with the provisions of this article.
(d) Persons covered under this article may be permitted to
utilize electronic signature or unique electronic identification to
effectively sign materials, transmitted by computer or other
electronic means, upon which signature is required for the purpose
of authorized medical practice. Such signatures are deemed legal
and valid for purposes related to the provision of medical
services. This subsection does not confer any new practice
privilege or right on any persons covered under this article.
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(NOTE: The purpose of this bill is to change outdated language
pertaining to orthotist and prosthetist certification to reflect
current national certification and accreditation standards.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)
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HEALTH AND HUMAN RESOURCES COMMITTEE AMENDMENT
On page one, by striking out the title and substituting therefor a
new title, to read as follows:
Eng. Senate Bill No. 184--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 acts which do not constitute the practice of medicine;
and amending the reference to certification of persons who provide
orthotic and prosthetic devices by a particular credentialing body.