H. B. 4036
(By Delegate Morgan)
[Introduced January 11, 2008; referred to the
Committee on Government Organization.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §30-34-6a; and to
amend and reenact §30-34-9 of said code, all relating to the
respiratory care board.
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 §30-34-6a; and that
§30-34-9 of said code be amended and reenacted, all to read as
ARTICLE 34. BOARD OF RESPIRATORY CARE PRACTITIONERS.
§30-34-6a. Rulemaking authority.
(a) The board shall propose rules for legislative approval, in
accordance with the provisions of article three, chapter
twenty-nine-a of this code, to implement the provisions of this
(1) Standards and requirements for licensure and permits to
practice respiratory care;
(2) Procedures for examination and reexamination;
(3) Educational and experience requirements;
(4) Standards for approval of courses;
(5) Procedures for the issuance and renewal of licences and
(6) A fee schedule;
(7) Continuing education requirements for licensees;
(8) The procedure for denying, suspending, revoking,
reinstating or limiting the practice of a licensee or permittee;
(9) Requirements for inactive or revoked licensees or
temporary permits; and
(10) Any other rules necessary to effectuate the provisions of
(b) All rules in effect on the effective date of this article
shall remain in effect until they are amended or repealed and
references to provisions of former enactments of this act are
interpreted to mean provisions of this article.
§30-34-9. Temporary permits.
Upon payment of the proper fee the board may issue a temporary
permit to practice respiratory care for a period of six months
under the following conditions:
(a) The applicant is currently practicing, or has practiced within the last twelve months in another state, territory or
country, and is completing the requirements for licensing in this
That the applicant provides written evidence,
verified by oath of that practice;
(b) The applicant is a graduate of a respiratory care
educational program and is scheduled to take the next available
examination, or is awaiting the results of that examination :
Provided, That the temporary permit shall be revoked in the event
that the applicant does not achieve a passing score on the entry
level technician examination.(b) The applicant is a student of a respiratory care program
and has submitted all required documentation and completed the
required course work as provided in rule.
NOTE: The purpose of this bill is to grant the board of
Respiratory Care Practitioners rulemaking authority and the
issuance of temporary permits to students.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would