Senate Bill No. 372
(By Senators Stollings, Jenkins, Unger, Foster and Edgell)
[Passed March 13, 2010; in effect ninety days from passage.]
AN ACT to repeal §30-3-18 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §30-3-2, §30-3-4, §30-3-5,
§30-3-6 and §30-3-8 of said code, all relating to the Board of
Medicine; providing definitions and current terminology; and
removing outdated language.
Be it enacted by the Legislature of West Virginia:
That §30-3-18 of the Code of West Virginia, 1931, as amended,
be repealed; and that §30-3-2, §30-3-4, §30-3-5, §3-3-6 and §30-3-8
of said code be amended and reenacted, all to read as follows:
ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.
The purpose of this article is to provide for the licensure
and professional discipline of physicians and podiatrists and for
the licensure and professional discipline of physician assistants
and to provide a professional environment that encourages the delivery of quality medical services within this state.
As used in this article:
(1) "Board" means the West Virginia Board of Medicine
established in section five of this article.
(2) "Medical peer review committee" means a committee of, or
appointed by, a state or local professional medical society, or a
committee of, or appointed by, a medical staff of a licensed
hospital, long-term care facility or other health care facility, or
any health care peer review organization as defined in section one,
article three-c of this chapter, or any other organization of
professionals in this state formed pursuant to state or federal law
and authorized to evaluate medical and health care services.
(3) "Practice of medicine and surgery" means the diagnosis or
treatment of, or operation or prescription for, any human disease,
pain, injury, deformity or other physical or mental condition.
"Surgery" includes the use on humans of lasers, ionizing radiation,
pulsed light and radiofrequency devices. The provisions of this
section do not apply to any person who is a duly licensed health
care provider under other pertinent provisions of this code and who
is acting within the scope of his or her license.
(4) "Practice of podiatry" means the examination, diagnosis,
treatment, prevention and care of conditions and functions of the
human foot and ankle by medical, surgical and other scientific
knowledge and methods; with surgical treatment of the ankle authorized only when a podiatrist has been granted privileges to
perform ankle surgery by a hospital's medical staff credentialing
committee based on the training and experience of the podiatrist;
and medical and surgical treatment of warts and other
dermatological lesions of the hand which similarly occur in the
foot. When a podiatrist uses other than local anesthesia, in
surgical treatment of the foot, the anesthesia must be administered
by, or under the direction of, an anesthesiologist or certified
registered nurse anesthetist authorized under the State of West
Virginia to administer anesthesia. A medical evaluation shall be
made by a physician of every patient prior to the administration of
other than local anesthesia.
(5) "State health officer" means the commissioner for the
Bureau for Public Health or his or her designee, which officer or
designee shall be a physician and shall act as secretary of the
board and shall carry out any and all responsibilities assigned in
this article to the secretary of the board.
§30-3-5. West Virginia Board of Medicine powers and duties
continued; appointment and terms of members; vacancies;
The West Virginia Board of Medicine has assumed, carried on
and succeeded to all the duties, rights, powers, obligations and
liabilities heretofore belonging to or exercised by the Medical
Licensing Board of West Virginia. All the rules, orders, rulings,
licenses, certificates, permits and other acts and undertakings of the medical licensing board of West Virginia as heretofore
constituted have continued as those of the West Virginia Board of
Medicine until they expired or were amended, altered or revoked.
The board remains the sole authority for the issuance of licenses
to practice medicine and surgery and to practice podiatry and to
practice as physician assistants in this state under the
supervision of physicians licensed under this article. The board
shall continue to be a regulatory and disciplinary body for the
practice of medicine and surgery and the practice of podiatry and
for physician assistants in this state.
The board shall consist of fifteen members. One member shall
be the state health officer ex officio, with the right to vote as
a member of the board. The other fourteen members shall be
appointed by the Governor, with the advice and consent of the
Senate. Eight of the members shall be appointed from among
individuals holding the degree of doctor of medicine and two shall
hold the degree of doctor of podiatric medicine. One member shall
be an individual licensed by the board as a physician assistant.
Each of these members must be duly licensed to practice his or her
profession in this state on the date of appointment and must have
been licensed and actively practicing that profession for at least
five years immediately preceding the date of appointment. Three
lay members shall be appointed to represent health care consumers.
Neither the lay members nor any person of the lay members'
immediate families shall be a provider of or be employed by a provider of health care services. The state health officer's term
shall continue for the period that he or she holds office as state
health officer. Each other member of the board shall be appointed
to serve a term of five years: Provided,
That the members of the
Board of Medicine holding appointments on the effective date of
this section shall continue to serve as members of the Board of
Medicine until the expiration of their term unless sooner removed.
Each term shall begin on October 1 of the applicable year, and a
member may not be appointed to more than two consecutive full terms
on the board.
A person is not eligible for membership on the board who is
a member of any political party executive committee or, with the
exception of the state health officer, who holds any public office
or public employment under the federal government or under the
government of this state or any political subdivision thereof.
In making appointments to the board, the Governor shall, so
far as practicable, select the members from different geographical
sections of the state. When a vacancy on the board occurs and less
than one year remains in the unexpired term, the appointee shall be
eligible to serve the remainder of the unexpired term and two
consecutive full terms on the board.
No member may be removed from office by the Governor except
for official misconduct, incompetence, neglect of duty or gross
That the expiration, surrender or revocation
of the professional license by the board of a member of the board shall cause the membership to immediately and automatically
§30-3-6. Conduct of business of West Virginia Board of Medicine;
meetings; officers; compensation; expenses; quorum.
Every two years the board shall elect from among its members
a president and vice president. Regular meetings shall be held as
scheduled by the rules of the board. Special meetings of the board
may be called by the joint action of the president and vice
president or by any three members of the board on seven days' prior
written notice by mail postage prepaid or electronic means or, in
case of emergency, on two days' notice by telephone and electronic
means. With the exception of the state health officer, members of
the board shall receive compensation and expense reimbursement in
accordance with section eleven, article one of this chapter.
A majority of the membership of the board constitutes a quorum
for the transaction of business, and business is transacted by a
majority vote of a quorum, except for disciplinary actions which
shall require the affirmative vote of not less than five members or
a majority vote of those present, whichever is greater.
Meetings of the board shall be held in public session.
Disciplinary proceedings, prior to a finding of probable cause as
provided in subsection (p), section fourteen of this article, shall
be held in closed sessions, unless the party subject to discipline
requests that the proceedings be held in public session.
§30-3-8. State health officer to act as secretary of the board.
The state health officer, in addition to being a member of the
board, shall act as its secretary. He or she shall, together with
the president of the board, sign all licenses, reports, orders and
other documents that may be required by the board in the
performance of its duties.