H. B. 2370
(By Delegates Morgan, Manypenny, Martin,
[Introduced January 12, 2011; referred to the
Committee on Government Organization.]
A BILL to amend and reenact §16-1-7 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-3-5 of said code; to amend and reenact §30-16-4 of said code; and to amend and reenact §30-17-4 of said code, all relating to removing the Commissioner of the Bureau for Public Health from professional licensure boards.
Be it enacted by the Legislature of West Virginia:
That §16-1-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §30-3-5 of said code be amended and reenacted; that §30-16-4 of said code be amended and reenacted; and that §30-17-4 of said code be amended and reenacted, all to read as follows:
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 1. STATE PUBLIC HEALTH SYSTEM.
§16-1-7. Duties and powers of the commissioner; service on advisory councils; boards and commissions; authority to designate a representative to serve in his or her place on certain boards and commissions.
(a) The commissioner shall serve on the following business, profession or occupation licensing boards:
(1) The West Virginia Board of Barbers and Cosmetologists;
(2) The West Virginia board of chiropractic examiners;
(3) The West Virginia board of hearing aid dealers;
(4) The West Virginia Board of Medicine;
(5) The West Virginia nursing home administrators licensing board;
(6) The West Virginia radiologic technology board of examiners;
(7) The West Virginia board of registration for sanitarians; and
(8) Any other licensing board or commission as directed by the secretary.
(b) (a) The commissioner shall serve serves on the following advisory councils, boards and commissions:
(1) The Advisory Committee on Cancer (Cancer Registry);
(2) The Advisory Committee on Hemophilia;
(3) The Air Quality Board;
(4) The Appalachian States Low-level Radioactive Waste Commission;
(5) The Attorney General of West Virginia Public Health Trust;
(6) The Breast and Cervical Cancer Screening Program Advisory Coalition;
(7) The Child Fatality Review Team;
(8) The Clinical Laboratories Quality Assurance Act Advisory Board;
(9) The Childhood Immunization Advisory Committee;
(10) The Early Intervention Coordinating Council;
(11) The Interagency Council on Osteoporosis;
(12) The Jail and Prison Standards Commission;
(13) The Medical Service Fund Advisory Council;
(14) The Nursing Home Licensing Advisory Council;
(15) The Sewage Advisory Board;
(16) The State Emergency Response Commission;
(17) The State Groundwater Coordinating Committee;
(18) The Sudden Infant Death Syndrome Advisory Council;
(19) The Water Development Authority;
(20) The West Virginia Commission for the Deaf and Hard of Hearing;
(21) The West Virginia Infrastructure and Jobs Development Council;
(22) The West Virginia Solid Waste Management Board; and
(23) Any other advisory council, board or commission as assigned by the secretary except for business, profession or occupation licensing boards.
(c) (b) Notwithstanding any other provision of this code to the contrary, the commissioner may, at his or her discretion, designate, in writing, a representative to serve in his or her stead at the meetings and in the duties of all boards and commissions on which the commissioner is designated as an ex officio member. The appropriately designated representative or proxy may act acts with the full power and authority of the commissioner in voting, acting upon matters concerning the public health and welfare and any other business that is properly the duty of any board or commission. with The representative serving serves as proxy for at the commissioner’s at his or her will and pleasure. Provided, That The provisions of this section do not apply to the medical licensing board, West Virginia Board of Medicine, the Air Quality Board or any other board, commission or body on which the commissioner is designated by this code as chairman ex officio, secretary ex officio or any a board, commission or body on which the commissioner is designated by this code as being that person whose signature must appear on licenses, minutes or other documents necessary to carry out the intents and purposes of the board, commission or body.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.
§30-3-5. West Virginia Board of Medicine powers and duties continued; appointment and terms of members; vacancies; removal.
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 continue as those of the West Virginia Board of Medicine until they expired these expire or were are 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 is 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 consists 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 are 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 two from among those holding the degree of doctor of podiatric medicine and one member shall be an individual who is 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 Four lay members shall be appointed to represent health care consumers. Neither the lay members nor any person of the lay members' immediate families shall may 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 serves 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 begins 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 a political party executive committee or with the exception of the state health officer, who holds any a public office or public employment under the federal government, or under the government of this state or any this state’s political subdivision thereof. subdivisions.
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 is 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 may not remove a member from office except for official misconduct, incompetence, neglect of duty or gross immorality Provided, except that the expiration, surrender or revocation of the professional license by the board of a member of the board shall causes the membership to immediately and automatically terminate.
ARTICLE 16. CHIROPRACTORS.
§30-16-4. West Virginia Board of Chiropractic; establishment and composition.
(a) The board known as the "West Virginia Board of Chiropractic" is continued. It is composed of the director of health, ex officio, three licensed chiropractors and one person two persons to represent the interest of the public. All shall be are appointed by the Governor, by and with the advice and consent of the Senate, from a list of three names recommended by the West Virginia Chiropractic Society, Incorporated. Each chiropractic member of the board shall have been a resident of and engaged in the active practice of chiropractic in the state for a period of at least five years preceding his or her appointment.
(b) On July 1, 1998, there shall be appointed, as provided in this section, one chiropractic member for a three-year term. As existing chiropractic board members' terms expire, newly appointed chiropractic board members shall be are appointed by the Governor for a term of office of three years. No member may serve more than two full consecutive three-year terms. When a vacancy in the membership of the board occurs for any a cause other than the expiration of a term, the Governor shall appoint a new member from a list of three names recommended by West Virginia Chiropractic Society, Incorporated, a successor as a member of the board to fill the unexpired portion of the term of office. of the member whose office has been vacated.
(c) The Governor may remove any member of the board in case of incompetency, neglect of duty, gross immorality or malfeasance in office.
(d) The board shall conduct a an annual training program to be held annually to familiarize new board members with their duties.
(e) Each member of the board shall receive is entitled to receive compensation in an amount not to exceed the same compensation as is the amount paid to members of the Legislature for their interim duties as recommended by the Citizens Legislative Compensation Commission and authorized by law for each day or substantial portion thereof that he or she is engaged in the work of the board or of its committees. and shall be Members are entitled to be reimbursed for all actual and necessary expenses incurred in carrying out his or her duties.
ARTICLE 17. SANITARIANS.
§30-17-4. State Board of Sanitarians.
(a) The Board of Registration for Sanitarians is continued and commencing July 1, 2010, shall be known as the state Board of Sanitarians. Any member Members of the board except one registered sanitarian, in office on July 1, 2010, except for one registered sanitarian, may continue to serve until his or her successor has have been appointed and qualified.
(b) Prior to July 1, 2010, the Governor, by and with the advice and consent of the Senate, shall appoint one certified sanitarian to replace one registered sanitarian.
(c) Commencing July 1, 2010, the board shall consist consists of the following seven voting members with staggered terms: and one nonvoting member:
(1) The Commissioner of the Bureau of Public Health, or his or her designee, who is a nonvoting member;
(2) (1) Four members who are registered sanitarians; who are voting members;
(3) (2) One member who has a certificate is certified as a sanitarian at the time of the appointment: who is a voting member: Provided, That if the member becomes a registered sanitarian during his or her appointment term, then the person may not be reappointed as the certified sanitarian member but may be reappointed as a registered sanitarian member; and
(4) (3) Two citizen members who are not licensed, certified or permitted under the provisions of this article and who do not perform any services related to the practice of the professions regulated under the provisions of this article. who are voting members.
(d) Each voting member must shall be appointed by the Governor, by and with the advice and consent of the Senate, and must is required to be a resident of this state during the appointment term.
(e) The term of each voting board member is five years.
(f) No voting member may serve more than two consecutive full terms. and any voting A member having served two full terms may not be appointed for one year after completion of his or her second full term. A voting member shall continue continues to serve until his or her successor has been appointed and qualified.
(g) Each licensed or certified member shall is required to have been engaged in the practice of environmental health science or public health sanitation for at least five years immediately preceding the appointment.
(h) Each licensed or certified member shall maintain an active license or certificate with the board during his or her term.
(i) The Governor may remove any voting a member from the board for neglect of duty, incompetency or official misconduct.
(j) A licensed or certified member of the board immediately and automatically forfeits membership to the board if his or her license or certificate to practice is suspended or revoked.
(k) A voting member of the board immediately and automatically forfeits membership to the board if he or she is convicted of a felony under the laws of any jurisdiction or becomes a nonresident of this state.
(l) The board shall designate one of its members as chairperson who serves at the will of the board.
(m) Each voting member of the board is entitled to receive compensation and expense reimbursement in accordance with section eleven, article one of this chapter.
(n) A majority of the members of the board shall constitute is a quorum.
(o) The board shall hold at least two annual meetings per year. Other meetings may be held At the call of the chairperson or upon the written request of two members, other meetings may be held at such time and place as designated in the call or request.
(p) Prior to commencing his or her duties as a voting member of the board, each voting member shall take and subscribe to the oath required by section five, article four of the Constitution of this state.
NOTE: The purpose of this bill is to remove the Commissioner for the Bureau for Public Health from professional licensure boards.
Strike-throughs indicate language that would be stricken from the present law and underscoring indicates new language that would be added.