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Introduced Version Senate Bill 414 History

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Senate Bill No. 414

(By Senators Kessler (Mr. President) and Hall,

By Request of the Executive)

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[Introduced January 25, 2012; referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.]

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A BILL to amend and reenact §29-29-3 of the Code of West Virginia, 1931, as amended, relating to medical service professionals under the Volunteer for Nonprofit Youth Organizations Act.

Be it enacted by the Legislature of West Virginia:

    That §29-29-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 29. VOLUNTEER FOR NONPROFIT YOUTH ORGANIZATIONS ACT.

§29-29-3. Definitions.

    As used in this article:

    (a) “Applicant” means any emergency medical service applicant, law-enforcement applicant or medical services applicant, that is registered as a volunteer of the nonprofit organization, making application for a nonprofit volunteer permit under the provisions of this article.

    (b) “Appropriate licensing agency” means the board, department, division or other agency in each jurisdiction charged with the licensing, certification or permitting of persons performing services of the nature and kind described or duties provided for in this article.

    (c) “Emergency medical service applicant” means a person authorized to provide emergency medical services in West Virginia, or in another state who but for this article would be required to obtain a certification from the Commissioner of the Bureau for Public Health pursuant to article eight, chapter sixteen of this code to perform emergency medical services in this state.

    (d) “Law-enforcement applicant” means a person authorized to work as a law-enforcement officer in West Virginia, or in another state who but for this article would be required to obtain authorization pursuant to article twenty-nine, chapter thirty of this code to work as a law-enforcement officer in this state: Provided, That any person authorized to work as a law-enforcement officer in another state shall have completed a training program approved by the governing authority of a political subdivision in order to work as a law-enforcement officer in that state.

    (e) “Medical services applicant” means a person authorized to provide medical services in West Virginia, or in another state who but for this article would be required to obtain authorization to practice in this state, and who is a:

    (1) Practitioner of medicine, or surgery or podiatry as defined in article three, chapter thirty of this code;

    (2) Physician assistant as defined in section three, article three, chapter thirty of this code;

    (3) Chiropractor as defined in section three, article sixteen, chapter thirty of this code;

    (3) (4) Dentist or dental assistant as defined in article four, chapter thirty of this code;

    (4) (5) Nurse as defined in article seven or seven-a, chapter thirty of this code;

    (6) Nurse practitioner as defined in section one, article four-b, chapter nine of this code;

    (7) Occupational therapist as defined in section three, article twenty-eight, chapter thirty of this code;

    (8) Practitioner of optometry as defined in section three, article eight, chapter thirty of this code;

    (5) (9) Osteopathic physician or surgeon as defined in article fourteen, chapter thirty of this code;

    (6) (10) Osteopathic physician assistant as defined in article fourteen-a, chapter thirty of this code; and

    (11) Pharmacist as defined in section one-b, article five, chapter thirty of this code;

    (7) (12) Physical therapist as defined in article twenty, chapter thirty of this code;

    (13) Professional counselor as defined in section three, article thirty-one, chapter thirty of this code;

    (14) Practitioner of psychology or school psychologist as defined in section two, article twenty-one, chapter thirty of this code;

    (15) Radiologic technologist, nuclear medicine technologist or practitioner of medical imaging and radiation therapy technology as defined in section four, article twenty-three, chapter thirty of this code; and

    (16) Social worker licensed by the state Board of Social Work Examiners pursuant to article thirty, chapter thirty of this code.

    (f) “Nonprofit volunteer permit” or “permit” means a permit issued to an applicant pursuant to the provisions of this article.

    (g) “Nonprofit volunteer permittee” or “permittee” means a person holding a nonprofit volunteer permit issued under the provisions of this article.

    (h) "Nonprofit youth organization" or “organization” means any nonprofit organization, including any subsidiary, affiliated or other related entity within its corporate or business structure, that has been chartered by the United States Congress to help train young people to do things for themselves and others, and that has established an area of at least six thousand contiguous acres within West Virginia in which to provide adventure or recreational activities for these young people and others.

    (I) “Nonprofit volunteer organization medical director” means an individual licensed in West Virginia as a practitioner of medicine or surgery pursuant to article three, chapter thirty of this code, or an individual licensed in West Virginia as an osteopathic physician or surgeon pursuant to article fourteen, chapter thirty of this code, that has been designated by the nonprofit volunteer organization to serve as the medical director for an event or program offered by the organization.

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    (NOTE: The purpose of this bill is to include various additional professions under the definition of “medical services applicant” under the Volunteer for Nonprofit Youth Organizations Act.

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

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