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Committee Substitute House Bill 4036 History

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HB4036 SUB
COMMITTEE SUBSTITUTE

FOR

H. B. 4036


(By Delegate Morgan)

[Originating in the Committee on Government Organization.]

[January 17, 2008]



A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-34-6a; and to amend and reenact §30-34-9 of said code, all relating to the respiratory care board; authorizing emergency and legislative rules; providing for temporary student permits; and establishing fees for permits.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §30-34-6a; and that §30-34-9 of said code be amended and reenacted, all to read as follows:
ARTICLE 34. BOARD OF RESPIRATORY CARE PRACTITIONERS.
§30-34-6a. Rulemaking authority.
(a) The board shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article, including:
(1) Standards and requirements for licensure and permits to practice respiratory care;
(2) Procedures for examination and reexamination;
(3) Educational and experience requirements;
(4) Standards for approval of courses;
(5) Procedures for the issuance and renewal of licences and temporary permits;
(6) Procedures which may be delegated to a student practicing under a temporary student permit;
(7) A fee schedule;
(8) Continuing education requirements for licensees;
(9) The procedure for denying, suspending, revoking, reinstating or limiting the practice of a licensee or permittee;
(10) Requirements for inactive or revoked licensees or temporary permits; and
(11) Any other rules necessary to effectuate the provisions of this article.
(b) All rules in effect on the effective date of this section remain in effect until they are amended, repealed or replaced.
§30-34-9. Temporary student permits.
(a)Upon payment of the proper fee Subject to the provisions of subsection (d) of this section, the board may issue a temporary student permit to practice respiratory care for a period of up to six months under the following conditions:
(a) The applicant is currently practicing, or has practiced within the last twelve months in another state, territory or country, and is completing the requirements for licensing in this state:
Provided, That the applicant provides written evidence, verified by oath of that practice;
(b) The applicant is a graduate of a respiratory care educational program and is scheduled to take the next available examination, or is awaiting the results of that examination
: Provided, That the temporary permit shall be revoked in the event that the applicant does not achieve a passing score on the entry level technician examination. to a student enrolled in a respiratory care educational program which is approved by the board if the student submits:
(1) A student work permit form signed by the program director and by a principal administrative official of the institution where the program is located;
(2) An official transcript indicating successful completion of a minimum of thirty semester hours or the quarter hour equivalent, eighteen of which must be specific to respiratory care core curriculum, and at least two hundred clinical hours;
(3) Documentation from the program director and by a principal administrative official of the institution where the program is located stating that the student has successfully completed didactic and clinical competency requirements equal to the first year curriculum and approved by the board; and
(4) A signed permit application form and an initial permit application fee as prescribed by rule.
(b) A student practicing under a temporary student permit may work only under the supervision of an employee of the same department with a minimum Licensed Respiratory Therapist Certified credential issued by the board and who is present on the premises and available to the student at all times.
(c) A student practicing under a temporary student permit may
not use worked paid hours as a substitute for clinical rotations required by his or her respiratory care educational program.
(d) Upon expiration of the initial permit, the student may apply for one renewal permit for up to six additional months by providing documentation from the program director stating the student is actively enrolled in at least nine semester hours, and is making satisfactory progress in his or her respiratory care core curriculum and clinical rotations, and payment of a renewal fee as prescribed by rule.
(e) The board may promulgate emergency rules, pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code, to set forth those procedures which may be delegated to a student practicing under a temporary student permit and fees for issuance and renewal of temporary student permits. The board may not issue temporary student permits unless and until the rule authorized by this subsection is in effect.

NOTE: The purpose of this bill is to grant the board of Respiratory Care Practitioners rulemaking authority and the authority to issue temporary student permits.

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