Senate Bill No. 427
(By Senators Jenkins, Bowman and Stollings)
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[Introduced March 3, 2009; referred to the Committee on
Government Organization; and then to the Committee on Finance.]
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A BILL to amend and reenact §30-3-7 of the Code of West Virginia,
1931, as amended, relating to updating language and making
technical changes clarifying that the Board of Medicine is an
autonomous board which may hire its employees at the board's
will and pleasure; and providing for continuation of
employment and coverage under the classified service of the
Division of Personnel for current employees.
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 the
provisions of this article, shall
administer and supervise
examinations and determine qualifications of applicants for licenses to practice medicine and surgery,
and 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
regulations 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
regulations rules promulgated under it;
(4) Employ investigators, attorneys, hearing examiners,
consultants and such other employees as may be necessary,
who are
exempt from the classified service of the Division of Personnel and
who serve at the will and pleasure of the board. 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. The employment,
salary, benefits or position classification of any person
transferred under the provisions of this section may not be reduced
or diminished by reason of the provision of this section. All persons transferred 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 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. Nothing
herein prohibits 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 licensure of physician assistants;
(7) Authorize medical and podiatry corporations in accordance
with the provisions and subject to the limitations of section
fifteen of this article to practice medicine and surgery or
podiatry through duly licensed physicians or podiatrists;
and
(8) Establish a fee, not to exceed fifty dollars, for a
reciprocal endorsement; and
(9) (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.
NOTE: The purpose of this bill is to update language and make
technical changes clarifying that the Board of Medicine is an
autonomous board which may hire its employees at the board's will
and pleasure and providing for continuation of employment and
coverage under the classified service of the Division of Personnel
for current employees.
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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