H. B. 3050
(By Delegates Morgan, Stephens and Martin)
[Introduced February 8, 2011; referred to the
Committee on Government Organization then Finance.]
A BILL to amend and reenact §30-35-4, §30-35-5, §30-35-6, §30-35-7, and §30-35-8 of the Code of West Virginia, 1931, as amended, all relating to the practice of dieticians, removing fees from statute and providing rule-making authority to set a fee schedule.
Be it enacted by the Legislature of West Virginia:
That §30-35-4, §30-35-5, §30-35-6, §30-35-7 and §30-35-8 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 35. BOARD OF DIETITIANS.
§30-35-4. Powers and duties of board.
(a) The board may, in its discretion, perform the following functions and duties depending on the financial resources available to the board:
(1) Promulgate rules in accordance with the provisions of chapter twenty-nine-a of this code to implement and effectuate the provisions of this article, including, but not limited to, legislative rules establishing the following:
(A) A code of professional ethics;
(B) Continuing education requirements and standards;
(C) Examination, licensure and renewal requirements of duly qualified applicants; and
(D) A fee schedule; and
(D) (E) Procedures and guidelines for the suspension or revocation of a license.
(2) Adopt procedural and interpretive rules in accordance with the provisions of chapter twenty-nine-a of this code;
(3) Adopt an official seal;
(4) Conduct license examinations of duly qualified applicants;
(5) Issue and renew licenses and issue interim permits to duly qualified applicants;
(6) Impose and collect fees for the issuance and renewal of permits or licenses;
(7) Suspend, revoke and reinstate licenses;
(8) Conduct hearings on licensing issues and any other matter properly within the jurisdiction of the board;
(9) Maintain a record of all proceedings of the board; and
(10) Submit a biennial report to the Governor describing the activities of the board.
(b) The Legislature finds and declares that this board is intended to be fully self supported through the fee structure provided for in this article and that the board shall not require any legislative appropriation beyond the revenues the board receives in fees. Accordingly, in the event the board has insufficient moneys to perform its duties under this article, the board shall prioritize its duties under this article so at all times to remain within the money available to it through the fees established in this article. The board created in this article has only discretionary duties.
§30-35-5. Fees; special revenue account; expenditures and transfers.
(a) All fees and other moneys collected by the board pursuant to the provisions of this article shall be deposited in an appropriated special revenue account designated the "board of examiners for licensed dietitians," which is hereby created continued in the State Treasury.
(b) All expenses incurred by the board shall be paid from the special fund provided in subsection (a) herein. of this section. No compensation or expense incurred pursuant to the provisions of this article may be charged against the general revenue funds of this state. Expenditures shall be may be made only in accordance with appropriation by the Legislature pursuant to the provisions of article three, chapter twelve of this code and upon the fulfillment of the provisions of article two, chapter five-a of this code. Expenditures from the special fund shall be are for the purposes set forth in this article and are not authorized from collections. Provided, That for the fiscal year ending June 30, 1996, expenditures are authorized from collections rather than pursuant to an appropriation by the Legislature.
(c) Amounts collected which are found from time to time to exceed the funds needed to effectuate the purposes set forth in this section may be transferred to other accounts or funds and redesignated for other purposes upon appropriation by the Legislature.
§30-35-6. Provisional permits; renewals; fees.
(a) The board may issue a provisional permit to engage in practice as a licensed dietitian to any a person who has not met the experience requirements set forth in this article upon the filing of an application and submission of evidence of successful completion of the education requirements of this article. A provisional permit expires one year from the date of issuance. Renewals may be issued for a period not to exceed three years upon request by the applicant and submission of a satisfactory explanation for the applicant's failure to become licensed.
(b) The fee, as established by legislative rule, for a provisional permit or renewal is fifty dollars, which shall be submitted with the application. All fees collected shall be deposited to the credit of the fund provided in section five of this article.
§30-35-7. Qualifications; licensure; examinations; waivers and fees.
(a) An applicant for a license to engage in practice as a licensed dietitian shall submit to the board written evidence, verified by oath, that he or she:
(1) Complies with the code of ethics adopted by the board;
(2) Has completed a major course of study in human nutrition, dietetics, food systems management or the equivalent thereof its equivalent and possesses a baccalaureate or post-baccalaureate degree; and
(3) Has completed a planned continuous professional experience component in dietetic practice of not less than nine hundred hours under the supervision of a registered or licensed dietitian.
(b) Each applicant is required to pass a written examination demonstrating competence in the discipline of dietetics and nutrition. Each written examination may be supplemented by an oral examination. The board shall determine the times and places for examinations.
(c) When an applicant successfully passes an examination or examinations, the board shall issue to the applicant a license to engage in practice as a licensed dietitian. In the event an applicant has failed to pass examinations on three occasions, the applicant shall, in addition to the other requirements of this section, present to the board other evidence of his or her qualifications that the board prescribes.
(d) Upon application and submission of the applicable fee, the board may waive the examination requirements of this section and issue a license to practice as a licensed dietitian to an applicant who is registered by the commission on dietetic registration or who has been duly licensed as a nutritionist or dietitian under the laws of another state if the standards for licensing in that state are no less stringent than those required under the provisions of this article.
(e) Any A person applying for a dietitian license shall submit a fee of fifty dollars or a reasonable fee established by legislative rule pursuant to section six, article one of this chapter with the application to the board. which The fee shall be deposited to the credit of the fund provided in section five of this article.
§30-35-8. Renewal of licenses; reinstatement; fees; penalties; inactive lists.
(a) The license of every person licensed under the provisions of this article shall be annually renewed except as otherwise provided by this section. At such times as the board, in its discretion, may determine, the board shall mail a renewal application to every person whose license was initially granted or renewed during the previous calendar year. All persons seeking renewal shall submit a completed application and a fifty dollar an annual renewal fee or a reasonable renewal fee established by legislative rule pursuant to section six, article one of this chapter. Upon receipt of the application and fee, the board shall verify the accuracy of the application and, if it is accurate, issue to the applicant a certificate of renewal of the license for the current year. The certificate of renewal entitles its holder to practice dietetics for the period stated on the certificate of renewal.
(b) Any A licensee who allows his or her license to lapse by failing to renew for a period not exceeding three years may be reinstated by the board upon receipt of a satisfactory explanation for the failure to renew his or her license and payment of the annual renewal fee plus a reinstatement fee of twenty-five dollars or a reasonable reinstatement fee as established by legislative rule pursuant to section six, article one of this chapter.
(c) Any A person allowing his or her license to lapse for a period exceeding three years is required to be reinstated as a licensed dietitian, to pass a written examination established by the board to be reinstated and to pay to the board a licensing fee of fifty dollars or a reasonable licensing fee as established by legislative rule pursuant to section six, article one of this chapter.
(d) Any A person engaged in the practice of licensed dietetics during the time his or her license has lapsed is in violation of the provisions of this article and is subject to the penalties provided in section fourteen of this article.
(e) Any A licensed dietitian who desires to retire from practice temporarily shall submit a written notice of the retirement to the board. Upon receipt of the notice the board shall place the name of that person upon the inactive list. Any A person remaining on the inactive list may not engage in the practice of licensed dietetics in this state and is not subject to the payment of any renewal fees. Upon submission of an application for renewal of license and payment of the renewal fee for the current year, a licensed dietitian may resume active practice.
NOTE: The purpose of this bill is to remove statutory fees and permit the Board of Dieticians to set the fees legislative rule.
Strike-throughs indicate language that would be stricken from the present law underscoring indicated language that would be added.