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Chapter 30     Entire Code
‹ Chapter 29C  |  Chapter 31 › Printer Friendly Versions
Chapter 30  |  Article 30 - 1A  |  Section 6

1 - GENERAL PROVISIONS APPLICABLE T

1A - PROCEDURE FOR REGULATION OF OC
    30 - 1 A- 1
    30 - 1 A- 2
    30 - 1 A- 2 A
    30 - 1 A- 3
    30 - 1 A- 4
    30 - 1 A- 5
    30 - 1 A- 6

2 - ATTORNEYS-AT-LAW

2A - MEDICAL LICENSING BOARD

3 - WEST VIRGINIA MEDICAL PRACTICE

3A - MANAGEMENT OF INTRACTABLE PAIN

3B - MOBILE INTENSIVE CARE PARAMEDI

3C - HEALTH CARE PEER REVIEW ORGANI

3D - PHYSICIAN HEALTH PROGRAMS

4 - WEST VIRGINIA DENTAL PRACTICE A

4A - ADMINISTRATION OF GENERAL ANES

4B - DENTAL LABORATORY SERVICES

5 - PHARMACISTS, PHARMACY TECHNICIA

6 - BOARD OF FUNERAL SERVICE EXAMIN

7 - REGISTERED PROFESSIONAL NURSES

7A - PRACTICAL NURSES

7B - CENTER FOR NURSING

7C - DIALYSIS TECHNICIANS

7E - NURSE HEALTH PROGRAMS

8 - OPTOMETRISTS

9 - ACCOUNTANTS

10 - VETERINARIANS

10A - ANIMAL EUTHANASIA TECHNICIAN

11 - CHIROPODISTS-PODIATRISTS

12 - ARCHITECTS

13 - ENGINEERS

13A - LAND SURVEYORS

14 - OSTEOPATHIC PHYSICIANS AND SU

14A - ASSISTANTS TO OSTEOPATHIC PH

15 - NURSE-MIDWIVES

16 - CHIROPRACTORS

17 - SANITARIANS

18 - PRIVATE INVESTIGATIVE AND SEC

19 - FORESTERS

20 - PHYSICAL THERAPISTS

21 - PSYCHOLOGISTS; SCHOOL PSYCHOL

22 - LANDSCAPE ARCHITECTS

23 - RADIOLOGIC TECHNOLOGISTS

24 - QUALIFICATION OF ARMED FORCES

25 - NURSING HOME ADMINISTRATORS

26 - HEARING-AID DEALERS AND FITTE

27 - BOARD OF BARBERS AND COSMETOL

28 - WEST VIRGINIA OCCUPATIONAL TH

29 - LAW-ENFORCEMENT TRAINING AND

29A - STANDARDS FOR PROFESSIONAL F

30 - SOCIAL WORKERS

31 - LICENSED PROFESSIONAL COUNSEL

32 - SPEECH-LANGUAGE PATHOLOGISTS

33 - TATTOO STUDIO BUSINESS

34 - BOARD OF RESPIRATORY CARE PRA

35 - BOARD OF DIETITIANS

36 - ACUPUNCTURISTS

37 - MASSAGE THERAPISTS

38 - THE REAL ESTATE APPRAISER LIC

38A - APPRAISAL MANAGEMENT COMPANI

39 - UNIFORM ATHLETE AGENTS ACT

40 - WEST VIRGINIA REAL ESTATE LIC

WVC 30- CHAPTER 30. PROFESSIONS AND OCCUPATIONS.

WVC 30-1A- ARTICLE 1A. PROCEDURE FOR REGULATION OF OCCUPATIONS AND PROFESSIONS.

WVC 30-1A-1 §30-1A-1. Legislative findings.

The Legislature finds that regulation should be imposed on an occupation or profession only when necessary for the protection of public health and safety. The Legislature further finds that establishing a procedure for reviewing the necessity of regulating an occupation or profession prior to enacting laws for such regulation will better enable it to evaluate the need for the regulation and to determine the least restrictive regulatory alternative consistent with public health and safety.

WVC 30 - 1 A- 2 §30-1A-2. Required application for regulation of professional or occupational group; application and reporting dates.

  (a) Any professional or occupational group or organization, any individual or any other interested party which proposes the regulation of any unregulated professional or occupational group or organization, or who proposes to establish, revise or expand the scope of practice of a regulated profession or occupation shall submit an application to the Joint Standing Committee on Government Organization, as set out in this article.

  (b) The Joint Standing Committee on Government Organization may only accept an application for regulation of a professional or occupational group or organization, or establishment, revision or expansion of the scope of practice of a regulated profession or occupation, when the party submitting an application files with the committee a statement of support for the proposed regulation which has been signed by at least ten residents or citizens of the State of West Virginia who are members of the professional or occupational group or organization for which regulation is being sought, or for which establishment, revision or expansion of the scope of practice of a regulated profession or occupation is being sought.

  (c) The completed application shall contain:

  (1) A description of the occupational or professional group or organization for which regulation is proposed, or for which establishment, revision or expansion of the scope of practice of a regulated profession or occupation is proposed, including a list of associations, organizations and other groups currently representing the practitioners in this state, and an estimate of the number of practitioners in each group;

  (2) A definition of the problem and the reasons why regulation or establishment, revision or expansion of the scope of practice is necessary;

  (3) The reasons why certification, registration, licensure or other type of regulation is being requested and why that regulatory alternative was chosen;

  (4) A detailed statement of the proposed funding mechanism to pay the administrative costs of the regulation or the establishment, revision or expansion of the scope of practice, or of the fee structure conforming with the statutory requirements of financial autonomy as set out in this chapter;

  (5) A detailed statement of the location and manner in which the group plans to maintain records which are accessible to the public as set out in this chapter;

  (6) The benefit to the public that would result from the proposed regulation or establishment, revision or expansion of the scope of practice; and

  (7) The cost of the proposed regulation or establishment, revision or expansion of the scope of practice.

WVC 30 - 1 A- 2 A §30-1A-2a.

Repealed.

Acts, 2007 Reg. Sess., Ch. 203.

WVC 30 - 1 A- 3 §30-1A-3. Analysis and evaluation of application.

     (a) The Joint Committee on Government Organization shall refer the completed application of the professional or occupational group or organization to the Performance Evaluation and Research Division of the Office of the Legislative Auditor.

     (b) The Performance Evaluation and Research Division of the Office of the Legislative Auditor shall conduct an analysis and evaluation of the application. The analysis and evaluation shall be based upon the criteria listed in subsection (c) of this section. The Performance Evaluation and Research Division of the Office of the Legislative Auditor shall submit a report, and such supporting materials as may be required, to the Joint Standing Committee on Government Organization, as set out in this section.

     (c) For an application proposing the regulation of an unregulated professional or occupational group or organization, the report shall include evaluation, analysis and findings as to:

     (1) Whether the unregulated practice of the occupation or profession clearly harms or endangers the health, safety or welfare of the public, and whether the potential for the harm is easily recognizable and not remote or dependent upon tenuous argument;

     (2) Whether the practice of the profession or occupation requires specialized skill or training which is readily measurable or quantifiable so that examination or training requirements would reasonably assure initial and continuing professional or occupational competence;

     (3) Whether the public can be adequately protected by other means in a more cost-effective manner; and

     (4) Whether the professional or occupational group or organization should be regulated as proposed in the application.

     (d) For an application proposing the establishment, revision or expansion of the scope of practice of a regulated profession or occupation, the report shall include the evaluation, analysis and findings as set forth in subsection (c) of this section inasmuch as applicable, and a clear recommendation as to whether the scope of practice should be established, revised or expanded as proposed in the application.

     (e) For an application received after December 1, and on or before June 1, the Performance Evaluation and Research Division of the Office of the Legislative Auditor shall present a report to the Joint Committee on Government Organization by December 31 of that year.

     (f) For an application received after June 1 and on or before December 1, the Performance Evaluation and Research Division of the Office of the Legislative Auditor shall present a report to the Joint Committee on Government Organization by June 30 of the next year.

WVC 30-1A-4 §30-1A-4. Public hearing and committee recommendations.

(a) After receiving the required report, the joint standing committee on government organization may conduct public hearings to receive testimony from the public, the governor or his or her designee, the group, organization or individual who submitted the proposal for regulation, and any other interested party.

(b) The joint standing committee on government organization shall report its findings and recommendations to the next regular session of the Legislature.

(c) The report shall include:

(1) Whether regulation of each occupation or profession is necessary for the public health and safety and, if regulation is necessary, recommendations as to what is the least restrictive type of regulation consistent with the public interest; and

(2) Whether regulation would result in the creation of a new agency or board or could be implemented more efficiently through an existing agency or board.

(d) The report may include a recommendation that the occupation or profession be regulated by any of the following mechanisms, in whole or in part:

(1) By practice standards, which may include restrictions established by statute;

(2) By registration, which may include inspections or other enforcement provisions;

(3) By statutory certification, which may include testing or assessment of the practitioner's credential or competency;

(4) By supervision by a licensed practitioner, which may include practice standards, registration or statutory certification;

(5) By licensure by a new or existing agency or board, which may include restrictions of the scope of practice, minimum competency, education, testing, registration, certification, inspection or enforcement.

WVC 30 - 1 A- 5 §30-1A-5. Reapplication requirements.

     (a) If the Joint Standing Committee on Government Organization approves an application for regulation of a professional or occupational group or organization, but the legislation incorporating its recommendations does not become law in the year in which it is first introduced, the applicants for regulation may introduce legislation during each of the two successive regular sessions without having to make reapplication.

     (b) If the Joint Standing Committee on Government Organization does not approve an application for regulation, establishment, revision or expansion of the scope of practice of a professional or occupational group or organization, any party who continues to propose the regulation, establishment, revision or expansion must reapply in accordance with the provisions of this article.

WVC 30 - 1 A- 6 §30-1A-6. Article construction.

     (a) Nothing in this article shall be construed as limiting or interfering with the right of any member of the Legislature to introduce or of the Legislature to consider any bill that would create a new state governmental department or agency or amend the law with respect to an existing one.

     (b) Notwithstanding the provisions of subsection (a) of this section, the recommendations of the Joint Standing Committee on Government Organization are to be given considerable weight in determining if a profession or occupation should be regulated, or if the scope of practice of a regulated profession or occupation should be established, revised or expanded.

Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§30 - 3 - 16 - (Repealed Code)
§30 - 3 - 16 A - (Repealed Code)
§30 - 3 E- 1 - (New Code)
§30 - 3 E- 2 - (New Code)
§30 - 3 E- 3 - (New Code)
§30 - 3 E- 4 - (New Code)
§30 - 3 E- 5 - (New Code)
§30 - 3 E- 6 - (New Code)
§30 - 3 E- 7 - (New Code)
§30 - 3 E- 8 - (New Code)
§30 - 3 E- 9 - (New Code)
§30 - 3 E- 10 - (New Code)
§30 - 3 E- 11 - (New Code)
§30 - 3 E- 12 - (New Code)
§30 - 3 E- 13 - (New Code)
§30 - 3 E- 14 - (New Code)
§30 - 3 E- 15 - (New Code)
§30 - 3 E- 16 - (New Code)
§30 - 3 E- 17 - (New Code)
§30 - 3 E- 18 - (New Code)
§30 - 3 E- 19 - (New Code)
§30 - 14 A- 1 - (Repealed Code)
§30 - 14 A- 2 - (Repealed Code)
§30 - 14 A- 3 - (Repealed Code)
§30 - 14 A- 4 - (Repealed Code)
§30 - 14 A- 5 - (Repealed Code)
SENATE BILL - 425
PASSED - Regular Session

SB425 SUB2 ENR  (Uploaded - 03/25/2014)
Relating to licensure, supervision and regulation of physician assistants
§30 - 27 - 4 - (Amended Code)
§30 - 27 - 6 - (Amended Code)
SENATE BILL - 507
PASSED - Regular Session

SB507 SUB1 ENR  (Uploaded - 03/25/2014)
Relating to Board of Barbers and Cosmetologists
§30 - 1 - 6 A - (Repealed Code)
§30 - 1 - 6 B - (Repealed Code)
§30 - 1 B- 1 - (New Code)
§30 - 1 B- 2 - (New Code)
§30 - 1 B- 3 - (New Code)
§30 - 1 B- 4 - (New Code)
§30 - 1 B- 5 - (New Code)
§30 - 1 B- 6 - (New Code)
§30 - 1 B- 7 - (New Code)
§30 - 1 B- 8 - (New Code)
§30 - 1 B- 9 - (New Code)
HOUSE BILL - 4151
PASSED - Regular Session

hb4151 SUB ENR  (Uploaded - 03/25/2014)
Relating to military members and their spouses who obtain licensure through professional boards
§30 - 7 B- 1 - (Amended Code)
§30 - 7 B- 2 - (Amended Code)
§30 - 7 B- 3 - (Amended Code)
§30 - 7 B- 4 - (Amended Code)
§30 - 7 B- 5 - (Amended Code)
§30 - 7 B- 6 - (Amended Code)
§30 - 7 B- 7 - (Amended Code)
§30 - 7 B- 8 - (Repealed Code)
§30 - 7 B- 9 - (Repealed Code)
HOUSE BILL - 4188
PASSED - Regular Session

HB4188 SUB ENR  (Uploaded - 03/25/2014)
Updating the authority and responsibility of the Center for Nursing
§30 - 1 - 20 - (New Code)
HOUSE BILL - 4245
PASSED - Regular Session

HB4245 SUB ENR  (Uploaded - 03/25/2014)
Relating to anticipated retirement dates of certain health care professionals
§30 - 3 - 15 - (Amended Code)
HOUSE BILL - 4278
PASSED - Regular Session

HB4278 ENR SUB  (Uploaded - 03/25/2014)
Rewriting the procedure by which corporations may obtain authorization from the West Virginia Board of Medicine to practice medicine and surgery
§30 - 1 - 7 A - (Amended Code)
HOUSE BILL - 4318
PASSED - Regular Session

HB4318 ENR SUB  (Uploaded - 03/25/2014)
Continuing education of veterans mental health
§30 - 4 - 6 - (Amended Code)
§30 - 4 - 19 - (Amended Code)
§30 - 4 A- 1 - (Amended Code)
HOUSE BILL - 4538
PASSED - Regular Session

HB4538 SUB ENR  (Uploaded - 03/25/2014)
Relating to the Board of Dentistry
Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.
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