H. B. 3061

         (By Delegates Morgan, Stephens and Martin)

         [Introduced February 8, 2011; referred to the

Committee on Health and Human Resources then Government Organization.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-1-20, relating to authorizing physical and mental health related licensing boards to establish a volunteer’s certificate allowing professional licensees to volunteer without a license; and requiring the boards to establish rules to implement procedures.

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 §30-1-20, to read as follows:

ARTICLE 1. GENERAL PROVISIONS APPLICABLE TO ALL STATE BOARDS OF EXAMINATION OR REGISTRATION REFERRED TO IN CHAPTER.

§30-1-20. Boards may permit a resident and nonresident licensee to volunteer for a certain period of time.

    (a) Subject to the requirements of this section, the physical and mental health related boards in this chapter may establish a volunteer’s certificate to authorize resident and nonresident licensees from other jurisdictions to provide services to indigent and needy persons or to persons at organized events sponsored by nonprofit corporations.

    (b) The boards may issue a volunteer’s certificate, without payment of application, examination, license or renewal fees, upon receipt and review of an application which includes the following:

    (1) A copy of the applicant's professional degree;

    (2) One of the following, as applicable:

    (A) A copy of the applicant's most recent license to practice the profession regulated by the board issued by a jurisdiction in the United States that licenses persons to practice the profession; or

    (B) A copy of the applicant's most recent license equivalent to a license to practice the profession in one or more branches of the United States Armed Services, issued by the United States Government; and

(3) Evidence of one of the following, as applicable:

    (A) The applicant has maintained for at least two years licensure in good standing in any jurisdiction in the United States that licenses persons to practice the profession; or

    (B) The applicant has practiced the profession in good standing for at least two years in one or more branches of the United States Armed Services; and

    (4) A notarized statement from the applicant, on a form prescribed by the board, that the applicant will not accept any form of remuneration for any services rendered while in possession of a volunteer's certificate.

    (c) Before the implementation of this section, a board shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, setting forth the volunteer certification requirements, application process and permissible uses.

    NOTE: The purpose of this bill is to authorize professional licensing boards to create a volunteer certification so that a health or mental health professional may provide volunteer services in this state without having to have a license issued by this state.

    This section is new; therefore, it has been completely underscored.