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Introduced Version House Bill 4596 History

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hb4596 intr
H. B. 4596


(By Delegates Morgan, Stephens, Argento, Hatfield,

Manypenny, Martin, Swartzmiller, Talbott and Argento)

[Introduced February 22, 2010 ; referred to the

Committee on Government Organization.]




A BILL to amend and reenact §16-1-7 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-3-5 of said code; to amend and reenact §30-16-4 of said code; and to amend and reenact §30-17-7 of said code, all relating to removing the Commissioner of the Bureau for Public Health from professional licensure boards.

Be it enacted by the Legislature of West Virginia:

That §16-1-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §30-3-5 of said code be amended and reenacted; that §30-16-4 of said code be amended and reenacted; and that §30-17-7 of said code be amended and reenacted, all to read as follows:

CHAPTER 16. PUBLIC HEALTH.

ARTICLE 1. STATE PUBLIC HEALTH SYSTEM.

§16-1-7. Duties and powers of the commissioner; service on advisory councils; boards and commissions; authority to designate a representative to serve in his or her place on certain boards and commissions.

(a) The commissioner shall serve on the following business, profession or occupation licensing boards:
(1) The West Virginia Board of Barbers and Cosmetologists;
(2) The West Virginia board of chiropractic examiners;
(3) The West Virginia board of hearing aid dealers;
(4) The West Virginia Board of Medicine;
(5) The West Virginia nursing home administrators licensing board;
(6) The West Virginia radiologic technology board of examiners;
(7) The West Virginia board of registration for sanitarians; and
(8) Any other licensing board or commission as directed by the secretary.
(b) (a) The commissioner shall serve on the following advisory councils, boards and commissions:
(1) The Advisory Committee on Cancer (Cancer Registry);
(2) The Advisory Committee on Hemophilia;
(3) The Air Quality Board;
(4) The Appalachian States Low-level Radioactive Waste Commission;
(5) The Attorney General of West Virginia Public Health Trust;
(6) The Breast and Cervical Cancer Screening Program Advisory Coalition;
(7) The child fatality review team;
(8) The Clinical Laboratories Quality Assurance Act Advisory Board;
(9) The Childhood Immunization Advisory Committee;
(10) The Early Intervention Coordinating Council;
(11) The Interagency Council on Osteoporosis;
(12) The Jail and Prison Standards Commission;
(13) The Medical Service Fund Advisory Council;
(14) the Nursing Home Licensing Advisory Council;
(15) the Sewage Advisory Board;
(16) the State Emergency Response Commission;
(17) the State Groundwater Coordinating Committee;
(18) The Sudden Infant Death Syndrome Advisory Council;
(19) the Water Development Authority;
(20) the West Virginia Commission for the Deaf and Hard of Hearing;
(21) the West Virginia Infrastructure and Jobs Development Council;
(22) The West Virginia Solid Waste Management Board; and
(23) Any other advisory council, board or commission as assigned by the secretary.
(c) (b) Notwithstanding any other provision of this code to the contrary, the commissioner may, at his or her discretion, designate in writing a representative to serve in his or her stead at the meetings and in the duties of all boards and commissions on which the commissioner is designated as an ex officio member. The appropriately designated representative or proxy may act with the full power and authority of the commissioner in voting, acting upon matters concerning the public health and welfare and any other business that is properly the duty of any board or commission, with the representative serving as proxy for the commissioner at his or her will and pleasure: Provided, That the provisions of this section do not apply to the medical licensing board, the air quality board or any other board, commission or body on which the commissioner is designated by this code as chairman ex officio, secretary ex officio or any board, commission or body on which the commissioner is designated by this code as being that person whose signature must appear on licenses, minutes or other documents necessary to carry out the intents and purposes of the board, commission or body.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.

ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.

§30-3-5. West Virginia Board of Medicine created; transfer of powers and duties from medical licensing board; appointment and terms of members; vacancies; removal.

There is hereby created a medical licensing board to be known as the "West Virginia Board of Medicine." The West Virginia Board of Medicine shall assume, carry on and succeed to all the duties, rights, powers, obligations and liabilities heretofore belonging to or exercised by the Medical Licensing Board of West Virginia. All the rules and regulations, orders, rulings, licenses, certificates, permits and other acts and undertakings of the Medical Licensing Board of West Virginia as heretofore constituted shall continue as those of the West Virginia Board of Medicine until they expire or are amended, altered or revoked. The board shall be the sole authority for the issuance of licenses to practice medicine and surgery and to practice podiatry and certificates for physician assistants in this state and shall be a regulatory and disciplinary body for the practice of medicine and surgery and the practice of podiatry and for physician assistants in this state.
The board shall consist of fifteen members. One member shall be the state director of health ex officio, with the right to vote as a member of the board. The other fourteen members shall be appointed by the Governor, with the advice and consent of the Senate. Eight of the members shall be appointed from among individuals holding the degree of doctor of medicine and two shall hold the degree of doctor of podiatric medicine. One member shall be an individual certified by the board as a Type A physician assistant. Each of these members must be duly licensed or certified to practice his or her profession in this state on the date of appointment and must have been licensed or certified and actively practicing that profession for at least five years immediately preceding the date of appointment. Three Four lay members shall be appointed to represent health care consumers. Neither the lay members nor any person of the lay members' immediate families shall be a provider of or be employed by a provider of health care services. The State Director of health's term shall continue for the period that he or she holds office as State Director of Health. Each other member of the board shall be appointed to serve a term of five years: Provided, That the members of the medical licensing board or Board of Medicine holding appointments on the effective date of this section shall continue to serve as members of the Board of Medicine until the expiration of their term unless sooner removed. Each term shall begin on the first day of October of the applicable year, and a member may not be appointed to more than two consecutive full terms on the board.
Not more than four physicians, one podiatrist and two lay members appointed by the Governor as members of the board shall belong to the same political party. The Type A physician assistant member may not belong to the same political party to which a majority of the lay members belong. A person is not eligible for membership on the board who is a member of any political party executive committee or, with the exception of the state director of health, who holds any public office or public employment under the federal government or under the government of this state or any political subdivision thereof or who is an appointee or employee of the state board of health.
In making appointments to the board, the Governor shall, so far as practicable, select the members from different geographical sections of the state. When a vacancy on the board occurs and less than one year remains in the unexpired term, the appointee shall be eligible to serve the remainder of the unexpired term and two consecutive full terms on the board.
No member may be removed from office except for official misconduct, incompetence, neglect of duty or gross immorality: Provided, That the expiration or revocation of the professional license or certification of a member of the board shall be cause for removal.
ARTICLE 16. CHIROPRACTORS.

§30-16-4. West Virginia Board of Chiropractic; establishment and composition.

(a) The board known as the "West Virginia Board of Chiropractic" is continued. It is composed of the director of health, ex officio, three licensed chiropractors and one person two persons to represent the interest of the public. All shall be appointed by the Governor, by and with the advice and consent of the Senate from a list of three names recommended by the West Virginia chiropractic society, incorporated. Each chiropractic member of the board shall have been a resident of and engaged in the active practice of chiropractic in the state for a period of at least five years preceding his or her appointment.
(b) On July 1, 1998, there shall be appointed, as provided in this section, one chiropractic member for a three-year term. As existing chiropractic board members' terms expire, newly appointed chiropractic board members shall be appointed for a term of office of three years. No member may serve more than two full consecutive three-year terms. When a vacancy in the membership of the board occurs for any cause other than the expiration of a term, the Governor shall appoint from a list of three names recommended by West Virginia chiropractic society, incorporated, a successor as a member of the board to fill the unexpired portion of the term of office of the member whose office has been vacated.
(c) The Governor may remove any member of the board in case of incompetency, neglect of duty, gross immorality or malfeasance in office.
(d) The board shall conduct a training program to be held annually to familiarize new board members with their duties.
(e) Each member of the board shall receive an amount not to exceed the same compensation as is paid to members of the Legislature for their interim duties as recommended by the citizens legislative compensation commission and authorized by law for each day or substantial portion thereof that he or she is engaged in the work of the board or of its committees, and shall be reimbursed for all actual and necessary expenses incurred in carrying out his or her duties.
ARTICLE 17. SANITARIANS.

§30-17-7. Board of Registration for Sanitarians.

A board for the registration and examination of sanitarians and sanitarians-in-training is hereby established to be known as the Board of Registration for Sanitarians. The board shall consist of the commissioner of the bureau of public health, who shall be a nonvoting, ex officio member and the secretary of the board, and five registered sanitarians to be appointed by the Governor, by and with the advice and consent of the Senate. Each member appointed by the Governor shall have been engaged in active practice as a registered sanitarian in this state for at least five years prior to his or her appointment, and except in the case of the original members of the board, shall have been registered in this state as a registered sanitarian.


NOTE: The purpose of this bill is to remove the Commissioner for the Bureau for Public Health from professional licensure boards.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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