Introduced Version
House Bill 4533 History
| Email
Key: Green = existing Code. Red = new code to be enacted
H. B. 4533
(By Delegates J. Miller and Cowles)
[Introduced
February 18, 2010
; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend and reenact §30-3-7 of the Code of West Virginia,
1931, as amended, relating to powers and duties of the State
Board of Medicine; and interpretation of medical practice
guidelines.
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
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.
(c) The board, on occasion of physician investigation, patient
complaint, physician request for ruling, patient advocacy group
request for ruling, shall interpret medical practice guidelines as whole with respect to guideline authorship protocols and legal
document interpretation guidance. The investigation of such
interpretation shall include a public hearing unless waived by the
physician, patient, or patient advocacy group. Discrepancies by way
of commission or omission, shall prompt the following actions:
(1) The discrepancies shall be reported to the authoring
organization for clarification or rectification with a reasonable
time limit;
(2) Should the authoring organization fail to clarify or
rectify the discrepancies, those persons authoring the discrepant
guideline shall be subject to section fourteen of this article; and
(3) The involved physician, patient, or patient advocacy group
shall be notified of the boards actions and the rationales for such
actions.
(d) The board has the following ethical duties:
(1) Each board member shall consider the health and welfare of
patients as paramount;
(2) Each board member shall endeavor to make all the
scientific resources available to patients;
(3) Each board member shall uphold the standards of
professionalism, be honest in all professional interactions; and
(4) Each board member shall act only in the patient's interest when considering medical care which might have the effect of
weakening the physical and mental condition of the patient.
(e) The board shall submit a report of its findings in
response to a complaint of the lack of reliability of medical
practice guidelines or customs to the physicians, podiatrists, and
physicians' assistants in the state upon such determination and
annually to the Legislature. The report shall include the
complaint, the rationale and the changes made.
NOTE: The purpose of this bill is to provide for Board of
Medicine review of certain interpretations of medical practice
guidelines.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.