Senate Bill No. 284
(By Senators Bowman and Bailey )
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[Introduced January 22, 2002; referred to the Committee
on Government Organization.]
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A BILL to amend and reenact sections six, eleven and thirteen,
article one, chapter thirty of the code of West Virginia,
one thousand nine hundred thirty-one, as amended; and to
further amend said article by adding thereto two new
sections, designated sections eight-a and eight-b, all
relating to professional licensing boards; prohibiting
discrimination; providing for reinstatement of license
following revocation; providing for mediation of
complaints; limiting compensation for board members for
attendance at official meetings; permitting boards to
reimburse expenses; prohibiting board members from being
compensated as employees of the board; and removing
requirement for listing of social security numbers on
rosters to be distributed to the public.
Be it enacted by the Legislature of West Virginia:
That sections six, eleven and thirteen, article one, chapter
thirty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted; and that said
article be further amended by adding thereto two new sections,
designated sections eight-a and eight-b,
all to read as follows:
ARTICLE 1. GENERAL PROVISIONS APPLICABLE TO ALL STATE BOARDS OF
EXAMINATION OR REGISTRATION REFERRED TO IN
CHAPTER.
§30-1-6. Application for license or registration; examination
fee; prohibiting discrimination.
(a) Every applicant for license or registration under the
provisions of this chapter shall apply for such the license or
registration in writing to the proper board and shall transmit
with his or her application an examination fee which the board
is authorized to charge for an examination or investigation into
the applicant's qualifications to practice.
(b) Each board referred to in this chapter is authorized to
establish by rule a deadline for application for examination
which shall be no less than ten nor more than ninety days prior
to the date of the examination.
(c) Boards may set by rule fees relating to the licensing
or registering of individuals, which shall be sufficient to enable the boards to carry out effectively their
responsibilities of licensure or registration and discipline of
individuals subject to their authority: Provided, That when any
board proposes to promulgate a rule regarding fees for licensing
or registration, that board shall notify its membership of the
proposed rule by mailing a copy of the proposed rule to the
membership at the time that the proposed rule is filed with the
secretary of state for publication in the state register in
accordance with section five, article three, chapter twenty-
nine-a of this code.
(d) In addition to any other information required, the
applicant's social security number shall be recorded on the
application.
(e) No board may discriminate against any applicant because
of political or religious opinion or affiliation, marital
status, race, color, gender, creed, age, national origin,
disability or other protected group status.
§30-1-8a. Reinstatement of license.
(a) Every board referred to in this chapter is authorized
to consider the reinstatement of any license or registration
that has been suspended, revoked or not renewed, upon a showing
that the applicant can resume practicing with reasonable skill
and safety.
(b) Each board may adopt a procedural rule in accordance
with the provisions of article three, chapter twenty-nine-a of
this code, specifying forms and procedures for application for
reinstatement.
§30-1-8b. Mediation of complaints.
(a) Any board referred to in this chapter may, on its own
motion or by stipulation of the parties, refer any complaints
against persons licensed under this chapter to mediation.
(b) Any board may maintain a list of mediators with
expertise in professional disciplinary matters or may obtain a
list from the West Virginia center for dispute resolution or the
West Virginia state bar's mediator referral service. The board
shall designate a mediator from the list by neutral rotation.
(c) The mediation is not considered a proceeding open to the
public and any reports and records introduced at the mediation
are not part of the public record. The mediator and all
participants in the mediation shall maintain and preserve the
confidentiality of all proceedings and records. The mediator
may not be subpoenaed or called to testify or otherwise be
subject to process requiring disclosure of confidential
information in any proceeding relating to or arising out of the
disciplinary or licensure matter mediated: Provided, That any
confidentiality agreement and any written agreement made and signed by the parties as a result of mediation may be used in
any proceedings subsequently instituted to enforce the written
agreement. The agreements may be used in other proceedings if
the parties agree to the use in writing.
(d) The mediation may not be used to delay any disciplinary
proceeding.
§30-1-11. Compensation of members; expenses.
(a) Each member of every board which is referred to in this
chapter shall receive compensation and expense reimbursement
which shall for attendance at official meetings not to exceed
the amount paid to members of the Legislature for their interim
duties as recommended by the citizens legislative compensation
commission and authorized by law. The limitations contained in
this section do not apply if they conflict with provisions of
this chapter relating to a particular board and enacted after
the first day of January, one thousand nine hundred ninety-five.
(b) A board may reimburse actual and necessary expenses
incurred for each day or portion thereof engaged in the
discharge of official duties in a manner consistent with
guidelines of the travel management office of the department of
administration.
(c) No member of any board referred to in this chapter may
receive compensation as an employee of the board.
§30-1-13. Roster of licensed or registered practitioners.
The secretary of every such board shall also prepare and
maintain a complete roster of the names social security numbers
and office addresses of all persons licensed, or registered, and
practicing in this state the profession or occupation to which
such board relates, arranged alphabetically by name and also by
the counties in which their offices are situated. The board may
call for and require a registration whenever it deems it
necessary or expedient to secure an accurate roster. Each board
shall make the roster available upon request to any member of
the public.
NOTE: This bill would prohibit discrimination against
applicants for professional licenses; provide for reinstatement
of license following revocation; provide for mediation of
complaints against licensees; limit compensation and expenses;
prohibit board members from being compensated as employees of
the board; and remove the requirement for listing social
security numbers on rosters to be distributed to the public.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
Sections 8a and 8b are new; therefore
strike-throughs and underscoring have been omitted.
This bill is recommended by the Joint Standing Committee on
Government Organization for passage during the 2002 Regular
Session.
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30-1-8a and 8b are new; therefore, strike-throughs and
underscoring have been omitted.