Senate Bill No. 334

(By Senators Ross, Minard,

Snyder, Boley and Minear)

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[Introduced January 24, 2003; referred to the

Committee on Government Organization; then to the Committee on Finance; and then to the Committee on the Judiciary.]

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A BILL to amend and reenact section eighteen, article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the board of veterinary medicine to promulgate a legislative rule relating to a schedule of fees.

Be it enacted by the Legislature of West Virginia:

That section eighteen, article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND BOARDS TO PROMULGATE LEGISLATIVE RULES.

 §64-9-18. Board of veterinary medicine.
(a) The legislative rule filed in the state register on the thirty-first day of August, two thousand one, authorized under the authority of section four, article ten, chapter thirty of this code, modified by the board of veterinary medicine to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-sixth day of December, two thousand one, relating to the board of veterinary medicine (registration of veterinary technicians, 26 CSR 3), is authorized with the amendments set forth below:
On page two, section three, subsection 3.4, subdivision b., following the words "convicted of a felony", by striking out the words "or other crime involving moral turpitude" and inserting in lieu thereof the words "offense relating to controlled substances";
On page two, section three, subsection 3.7, following the words "office of the veterinary facility", by striking out the words "of the person to whom it is issued" and inserting in lieu thereof the words "where the veterinary technician is employed";
On page three, section three, subsection 3.10, subdivision h., following the words "has an adjudication of", by striking out the word "insanity" and inserting in lieu thereof the words "mental incompetency;";
On page five, section 3.14.1, line three, after the words "such registration" by inserting the words "without examination";
On page five, section 3.14.1, line four, after the words "registration ended" by deleting the period and inserting the words "by providing to the Board:
a. Proof of employment under the direct supervision of a licensed veterinarian during each of the years not renewed.
b. Proof of having met the continuing education requirement of a minimum of six hours of classroom continuing education in an approved program during each of the years not renewed. Each year's continuing education is to renew for the subsequent year.
c. Payment of all delinquent fees from the last renewal date to the current renewal period.";
And,
On page 6, section 14.2, after the words "the registration examinations." by striking out the remainder of the subdivision.
 (b) The legislative rule filed in the state register on the twenty-sixth day of July, two thousand two, authorized under the authority of section four, article ten, chapter thirty, of this code, relating to the board of veterinary medicine (schedule of fees, 26 CSR 6), is authorized.

NOTE: The purpose of this bill is to authorize the Board of Veterinary Medicine to promulgate a legislative rule relating to a Schedule of Fees.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.