H. B. 2801
(By Delegates, Morgan, Stephens, Hatfield,
Staggers, Perry, Perdue and Craig)
[Passed April 11, 2009; in effect July 1, 2009.]
Be it enacted by the Legislature of West Virginia:
That §30-3-7 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.
§30-3-7. Powers and duties of West Virginia Board of Medicine.
(a) The board is autonomous and, in accordance with this
article, shall determine qualifications of applicants for licenses
to practice medicine and surgery, to practice podiatry, and to
AN ACT to amend and reenact §30-3-7 of the Code of West Virginia,
1931, as amended; relating to updating language and making
technical changes clarifying that the Board of Medicine is an
autonomous board which may hire its employees at the board's
will and pleasure, and providing for continuation of
employment and coverage under the classified service of the
Division of Personnel for current employees.
practice as a physician assistant for a physician licensed under
this article, and shall issue licenses to qualified applicants and
shall regulate the professional conduct and discipline of such
individuals. In carrying out its functions, the board may:
(1) Adopt such rules as are necessary to carry out the
purposes of this article;
(2) Hold hearings and conduct investigations, subpoena
witnesses and documents and administer oaths;
(3) Institute proceedings in the courts of this state to
enforce its subpoenas for the production of witnesses and documents
and its orders and to restrain and enjoin violations of this
article and of any rules promulgated under it;
(4) Employ investigators, attorneys, hearing examiners,
consultants and such other employees as may be necessary, who shall
be exempt from the classified service of the Division of Personnel
and who shall serve at the will and pleasure of the board. In
addition, all personnel employed through the Department of Health
and Human Resources on June 30, 2009, to provide services for the
board are hereby transferred to the board effective July 1, 2009.
However, the employment, salary, benefits or position
classification of any person transferred under this section may not
be reduced or diminished by reason of this section. All persons
transferred shall retain their coverage under the classified
service of the Division of Personnel and all matters relating to
job classification, job tenure and conditions of employment shall
remain in force and effect from and after the date of this section,
to the same extent as if this section had not been reenacted.
Also, nothing herein shall prohibit the disciplining or dismissal
of any employee for cause.
(5) Enter into contracts and receive and disburse funds
according to law;
(6) Establish and certify standards for the supervision and
certification of physician assistants;
(7) Authorize medical and podiatry corporations in accordance
with the limitations of section fifteen of this article to practice
medicine and surgery or podiatry through duly licensed physicians
or podiatrists; and
(8) Perform such other duties as are set forth in this article
or otherwise provided for in this code.
(b) The board shall submit an annual report of its activities
to the Legislature. The report shall include a statistical
analysis of complaints received, charges investigated, charges
dismissed after investigation, the grounds for each such dismissal
and disciplinary proceedings and disposition.