Senate Bill No. 221

(By Senator Bailey)

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[Introduced February 23, 2001; referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.]

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A BILL to amend article three, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section fourteen-a, relating to creating a medical practice protection act; requiring physicians and podiatrists licensed in West Virginia to submit to the board of medicine copies of final orders and settlements in medical malpractice cases; and providing for suspension of licenses for untimely submissions.

Be it enacted by the Legislature of West Virginia:
That article three, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section fourteen-a, to read as follows:
ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.

 §30-3-14a. Submission of final orders and settlement agreements.
(a) This section may be known and cited as the "Medical Practice Protection Act."
(b) In addition to the requirements of section fourteen of this article, it is the responsibility of every physician and podiatrist licensed in this state to submit to the board within thirty days from any judgment, or settlement of a civil or medical malpractice action, except product liability actions, a certified copy of the final order detailing the judgment or a copy of the settlement agreement, as applicable.
(c) If the physician or podiatrist fails to timely submit the copy, as required by subsection (b) of this section, the license of the physician or podiatrist is automatically suspended, for the longer of thirty days or until the copy is submitted.
(d) The board shall review all copies of orders and settlement agreements submitted and take action it considers appropriate under the circumstances.


NOTE: The purpose of this bill is to require physicians and podiatrists licensed in West Virginia to submit to the Board of Medicine copies of final orders and settlements in medical malpractice cases.

This section is new; therefore, strike-throughs and underscoring have been omitted.