H. B. 2988
(By Delegates Beach, Pethtel, Houston,
Shaver, Perry and Perdue)
[Introduced February 13, 2003; referred to the
Committee on Government Organization.]
A BILL to amend and reenact section six, article seven, chapter
thirty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; and to amend and reenact section six,
article seven-a of said chapter, all relating to requiring the
board of examiners for registered nurses and licensed
practical nurses to return an applicant's permanent license to
the applicant within fourteen days of the postmark date upon
receiving the applicant's institutional transcripts.
Be it enacted by the Legislature of West Virginia:
That section six, article seven, chapter thirty of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted; and that section six, article seven-a of
said chapter be amended and reenacted, all to read as follows:
ARTICLE 7. REGISTERED PROFESSIONAL NURSES.
§30-7-6. Qualifications; licensure; fees; temporary permits.
To obtain a license to practice registered professional
nursing, an applicant for such license shall submit to the board
written evidence, verified by oath, that he or she: (a) Is of good
moral character; (b) has completed an approved four-year high
school course of study or the equivalent thereof, as determined by
the appropriate educational agency; and (c) has completed an
accredited program of registered professional nursing education and
holds a diploma of a school accredited by the board.
The applicant shall also be required to pass a written
examination in such subjects as the board may determine. Each
written examination may be supplemented by an oral examination.
Upon successfully passing such examination or examinations, the
board shall issue to the applicant a license to practice registered
professional nursing. The board shall determine the times and
places for examinations. In the event an applicant shall have
failed to pass examinations on two occasions, the applicant shall,
in addition to the other requirements of this section, present to
the board such other evidence of his or her qualifications as the
board may prescribe. The board shall
return an applicant's
permanent license to the applicant within fourteen days of the postmark date upon receiving the applicant's institutional
transcripts.
The board may, upon application, issue a license to practice
registered professional nursing by endorsement to an applicant who
has been duly licensed as a registered professional nurse under the
laws of another state, territory or foreign country if in the
opinion of the board the applicant meets the qualifications
required of registered professional nurses at the time of
graduation.
The board may, upon application and proper identification
determined by the board, issue a temporary permit to practice
registered professional nursing by endorsement to an applicant who
has been duly licensed as a registered professional nurse under the
laws of another state, territory or foreign country. Such
temporary permit authorizes the holder to practice registered
professional nursing in this state while the temporary permit is
effective. A temporary permit shall be effective for ninety days,
unless the board revokes such permit prior to its expiration, and
such permit may not be renewed. Any person applying for a
temporary license under the provisions of this paragraph shall,
with his or her application, pay to the board a nonrefundable fee of ten dollars.
Any person holding a valid license designated as a "waiver
license" may submit an application to the board for a license
containing no reference to the fact that such person has
theretofore been issued such "waiver license." The provisions of
this section relating to examination and fees and the provisions of
all other sections of this article shall apply to any application
submitted to the board pursuant to the provisions of this
paragraph.
Any person applying for a license to practice registered
professional nursing under the provisions of this article shall,
with his or her application, pay to the board a fee of forty
dollars: Provided,
That the fee to be paid for the year commencing
the first day of July, one thousand nine hundred eighty-two, shall
be seventy dollars: Provided, however,
That the board in its
discretion may, by rule or regulation, decrease either or both said
license fees. In the event it shall be necessary for the board to
reexamine any applicant for a license, an additional fee shall be
paid to the board by the applicant for reexamination: Provided
further,
That the total of such additional fees shall in no case
exceed one hundred dollars for any one examination.
Any person holding a license heretofore issued by the West
Virginia state board of examiners for registered nurses and which
license is valid on the date this article becomes effective shall
be deemed is considered to be duly licensed under the provisions of
this article for the remainder of the period of any such license
heretofore issued. Any such license heretofore issued shall also,
for all purposes, be deemed to be a license issued under this
article and to be subject to the provisions hereof.
The board shall, upon receipt of a duly executed application
for licensure and of the accompanying fee of seventy dollars, issue
a temporary permit to practice registered professional nursing to
any applicant who has received a diploma from a school of nursing
approved by the board pursuant to this article after the date the
board last scheduled a written examination for persons eligible for
licensure: Provided,
That no such temporary permit shall be
renewable nor shall any such permit be valid for any purpose
subsequent to the date the board has announced the results of the
first written examination given by the board following the issuance
of such permit.
ARTICLE 7A. PRACTICAL NURSES.
§30-7A-6. Examination and licensure of practical nurses; present practitioners.
The applicant, except as hereinafter provided, shall be
required to pass a written examination in such subjects as the
board shall determine. Each written examination may be
supplemented by such oral or practical examination as the board may
deem consider necessary.
The board shall determine the times and
places for the examination. Notices of examination shall be sent
by mail to each person known by the secretary to be an applicant
for an examination or registration at least thirty days previous to
any such scheduled examination. Upon the applicant's successful
completion of an appropriate examination as prescribed by the board
and satisfaction of the other requirements of this article, the
board shall issue to the applicant a license to practice practical
nursing. The board shall
return an applicant's permanent license
to the applicant within fourteen days of the postmark date upon
receiving the applicant's institutional transcripts. The board
shall issue such license by endorsement to any applicant who has
been duly licensed or registered as such, or to a person entitled
to perform similar services under a different title, in another
state, territory or foreign country if, in the opinion of the
board, the applicant meets the other requirements for licensed practical nurses in this state. On or before the thirtieth day of
June, one thousand nine hundred sixty-eight, any practical nurse
who exhibits proof, satisfactory to the board, that he or she has
been engaged in practical nursing in this state for a period of
three years and who satisfactorily completes an appropriate
examination as prescribed by the board shall be issued a license by
waiver by said board, which shall be so designated on its face.
Any person obtaining a license by waiver who has completed
extension courses equal in theory to those for the graduate
practical nurses, as determined by the board, may at any time
thereafter take the examination prescribed by the board for
graduate practical nurses and obtain a license without the
designation of "waiver" thereon.
NOTE: The purpose of this bill is to require the board of
examiners for registered nurses and licensed practical nurses to
return an applicant's permanent license to the applicant within 14
days of the postmark date upon receiving the applicant's
institutional transcripts.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.