COMMITTEE SUBSTITUTE
FOR
H. B. 2527
(By Delegates Hatfield, Iaquinta, Miley,
Swartzmiller, Talbott, Yost, Schoen and Walters)
[Originating in the Committee on Government Organization.]
(February 22, 2007)
A BILL to repeal §30-1A-2a of the Code of West Virginia, 1931, as
amended; and to amend and reenact §30-1A-2, §30-1A-3 and §30-
1A-5 of said code, all relating to sunrise law; requiring
applications for substantial revision or expansion of the
scope of practice of regulated professions and occupations;
modifying the criteria to be considered in the decision to
regulate a profession or occupation; requiring certain
findings in the sunrise report; and requiring reapplication if
the Joint Standing Committee on Government Organization does
not approve the application.
Be it enacted by the Legislature of West Virginia:
That §30-1A-2a of the Code of West Virginia, 1931, as amended,
be repealed; and that §30-1A-2, §30-1A-3 and §30-1A-5 of said code
be amended and reenacted, all to read as follows:
ARTICLE 1A. PROCEDURE FOR REGULATION OF OCCUPATIONS AND
PROFESSIONS.
§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 substantially revise or expand the
scope of practice of a regulated profession or occupation, shall
submit an application
for regulation to the Joint Standing
Committee on Government Organization, as set out in
section two-a
of 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 substantial 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 substantial revision or expansion of the scope
of practice of a regulated profession or occupation is being
sought.
(b) (c) The completed application shall contain:
(1) A description of the occupational or professional group
proposed or organization for
which regulation is proposed,
or for
which a substantial 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 a substantial revision or expansion of the scope of practice is
deemed 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 substantial
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
subsection (c), section six, article one,
chapter thirty of this
code 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
section twelve, article one, chapter thirty of
this
code chapter;
(6) The benefit to the public that would result from the
proposed regulation
or substantial revision or expansion of the
scope of practice; and
(7) The cost of the proposed regulation
or substantial
revision or expansion of the scope of practice.
§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
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
two-a of this article.
(c)
For an application proposing the regulation of an
unregulated professional or occupational group or organization, the
report shall include evaluation,
and 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
public needs, and can reasonably be expected
to benefit from, an assurance of 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;
and
(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 substantial 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 substantially revised or expanded as proposed in
the application.
(e) For an application received after the first day of
December and on or before the first day of June, 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 the thirty-first day of December of that year.
(f) For an application received after the first day of June
and on or before the first day of December, 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 the thirtieth day of June of the next year.
§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, revision or
expansion of the scope of practice of a professional or
occupational group or organization, any party who continues to
propose the regulation, revision or expansion must reapply in
accordance with the provisions of this article.