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Introduced Version Senate Bill 554 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 554

(By Senators Foster and Unger)

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[Introduced February 4, 2008; referred to the Committee on Health and Human Resources; and then to the Committee on Government Organization.]

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A BILL to amend and reenact §30-14-2, §30-14-4, §30-14-5 and §30-14-11 of the Code of West Virginia, 1931, as amended, all relating generally to licensing requirements for osteopathic physicians and surgeons; removal of inconsistent and outdated provisions; providing that the licensing requirements for osteopathic physicians and surgeons be clarified and updated; and providing additional causes for revoking or suspending a license.

Be it enacted by the Legislature of West Virginia:
That §30-14-2, §30-14-4, §30-14-5 and §30-14-11 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 14. OSTEOPATHIC PHYSICIANS AND SURGEONS.
§30-14-2. Definitions.

For the purposes of this article:
(1) "Osteopathy or osteopathic medicine and surgery" shall mean means that system of the healing art which places the chief emphasis on the structural integrity of the body mechanism as being the most important single factor in maintaining the well-being of the organism in health and disease;
(2) "Board" shall mean means the West Virginia Board of Osteopathy;
(3) "Approved osteopathic college" shall mean means a college of osteopathy and surgery which requires as a minimum prerequisite for admission preprofessional training of at least two years of academic work in specified scientific subjects, as prescribed by the board, or by the college accrediting agency of the American Osteopathic Association, in a standard college of arts and sciences of equal rank with the college of arts and sciences of West Virginia University in an accredited four-year college of arts and sciences, and which requires for graduation a four-year course of nine months each approved by the board in accordance with the minimum standards established by the American Osteopathic Association;
(4) "Approved hospital for intern training" shall mean means a hospital approved for intern postdoctoral training by the board or by the hospital accrediting agency postdoctoral training review body of the American Osteopathic Association;
(5) "Reciprocal endorsement" shall mean means a duly authenticated certificate of the board, addressed to a board or agency of another country, state, territory, province or the District of Columbia, vouching that a certificate of license issued to an osteopathic physician and surgeon pursuant to the laws of this state is currently valid and not suspended or revoked for any cause or causes specified in this article.
§30-14-4. Licenses to practice osteopathic medicine and surgery.
Each applicant for examination by the board, with the exception of assistants to osteopathic physicians and surgeons, as hereinafter provided, shall submit an application therefor on forms prepared and furnished by the board, accompanied by evidence verified by oath and satisfactory to the board, establishing that the applicant has satisfied the following requirements: (a) That the applicant is eighteen years of age or over; (b) that the applicant is of good moral character; (c) that the applicant has graduated from an approved osteopathic college; (d) that the applicant has submitted a letter of verification from an AOA approved hospital stating that he has been approved for an AOA approved internship or that the applicant is currently in an AOA approved internship, if internship has not already been completed; and (e) that the applicant has paid to the board a reasonable fee, the amount of such reasonable fee to be set by the board rules.
(a) The board shall issue a license to practice osteopathic medicine and surgery to any individual who is qualified to do so in accordance with the provisions of this article.
(b) For an individual to be licensed to practice osteopathic medicine and surgery in this state, he or she must meet the following requirements:
(1) He or she shall submit an application to the board on a form provided by the board and remit to the board a reasonable examination fee, the amount of the reasonable fee to be set by the board. The application must, as a minimum, require a sworn and notarized statement that the applicant is of good moral character and that he or she is physically and mentally capable of engaging in the practice of osteopathic medicine and surgery;
(2) He or she must have graduated and received a degree and provide evidence of the same from a board approved college of osteopathic medicine;
(3) He or she must have graduated and received a degree and provide evidence of the same to the board of having successfully completed a minimum of one year of graduate clinical training in a program at a hospital or facility approved by the American Osteopathic Association, American Medical Association or the board; and
(4) He or she must pass an examination approved by the board, which examination can be related to a national standard. The examination shall be in the English language and be designed to ascertain an applicant's fitness to practice osteopathic medicine and surgery. The board shall before the date of examination determine what will constitute a passing score:
Provided, That the board, or a majority of it, may accept in lieu of an examination of applicants the certificate of the national board of medical examiners: Provided, however, That the board is authorized to enter into reciprocity agreements as provided in section six of this article, with medical licensing authorities in other states, the District of Columbia, Canada or the Commonwealth of Puerto Rico and, for an applicant who: (i) Is currently fully licensed, excluding any temporary, conditional or restricted license or permit, under the laws of another state or jurisdiction having reciprocity; (ii) has been engaged on a full-time professional basis in the practice of osteopathic medicine and surgery within that state or jurisdiction for a period of at least five years; and (iii) is not the subject of any pending disciplinary action by a medical licensing board and has not been the subject of professional discipline by a medical licensing board in any jurisdiction, the board may permit licensure in this state by reciprocity. If an applicant fails to pass the examination on two occasions, he or she shall successfully complete a course of study or training, as approved by the board, designed to improve his or her ability to engage in the practice of osteopathic medicine and surgery before being eligible for reexamination: Provided further, That an applicant is required to attain a passing score on all components or steps of the examination within a period of seven consecutive years. The board need not reject a candidate for a nonmaterial technical or administrative error or omission in the application process that is unrelated to the candidate's professional qualifications as long as there is sufficient information available to the board to determine the eligibility of the candidate for licensure.
(c) Notwithstanding any of the foregoing, the board may grant licenses to an applicant in extraordinary circumstances under the following conditions:
(1) Upon a finding by the board that based on the applicant's exceptional education, training and practice credentials, the applicant's practice in the state would be beneficial to the public welfare;
(2) Upon a finding by the board that the applicant's education, training and practice credentials are substantially equivalent to the requirements of licensure established in this article;
(3) That a license granted under these extraordinary circumstances is approved by a vote of three fourths of the members of the board;
(4) That orders denying applications for a license under this subsection are not appealable;
(5) That the board report to the President of the Senate and the Speaker of the House of Delegates all decisions made pursuant to this subsection and the reasons for those decisions; and
(6) That the provisions of this subsection exist until the first day of July, two thousand seven, unless sooner terminated, continued or reestablished by an Act of the Legislature.
(d) All licenses to practice osteopathic medicine and surgery granted prior to the first day of July, two thousand seven and valid on that date shall continue in full effect for the term and under the conditions provided by law at the time of the granting of the license.
(e) The board may promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code they find necessary to fully comply with the requirements of this article;
§30-14-5. Examination; certificate of license; certificate of authorization for osteopathic medical corporation; certification and establishment of standards for employment of assistants; fee.

The examination for a license to practice medicine and surgery as an osteopathic physician and surgeon shall be written and oral and shall cover all the essential branches of medicine and surgery including anatomy, physiology, chemistry, pharmacology, pathology, public health--preventive medicine, surgery, obstetrics and gynecology, osteopathic medicine, materia medica principles and practice of osteopathy; and this list of subjects may be expanded or regrouped at the discretion of the board.
The board shall issue certificates of license to all applicants who shall successfully pass the said examination and shall present evidence showing that they have served an internship in a hospital approved by the AOA for intern training. The board shall also examine the application of any one or more osteopathic physicians or surgeons for the formation of an osteopathic medical corporation, filed pursuant to the provisions of section nine-a of this article, and issue a certificate of authorization therefor to any applicant or applicants legally entitled to receive the same. The board shall also have authority to authorize osteopathic medical corporations, in accordance with the provisions of sections nine-a and nine-b of this article, to practice osteopathic medicine and surgery through duly licensed osteopathic physicians and surgeons.
The board shall have the power to certify and establish standards for employment of assistants to osteopathic physicians and surgeons.
No license shall be issued under the provisions of this section until the person applying therefor shall have paid to the board a fee of five dollars.
§30-14-11. Refusal, suspension or revocation of license; suspension or revocation of certificate of authorization.

(a) The board may either refuse to issue or may suspend or revoke any license for any one or more of the following causes:
(1) Conviction of a felony, as shown by a certified copy of the record of the trial court;
(2) Conviction of a misdemeanor involving moral turpitude;
(3) Violation of any provision of this article regulating the practice of osteopathic physicians and surgeons;
(4) Fraud, misrepresentation or deceit in procuring or attempting to procure admission to practice;
(5) Gross malpractice;
(6) Advertising by means of knowingly false or deceptive statements;
(7) Advertising, practicing or attempting to practice under a name other than one's own;
(8) Habitual drunkenness, or habitual addiction to the use of morphine, cocaine or other habit-forming drugs.;
(9) Any incident, failure or disruption in the course of a physician's education, training or practice that indicates a lack of skill, competence, integrity or professional conduct; and
(10) Other act or failure, as defined by the board by legislative rule, that fails to conform to accepted standards of professional conduct.

(b) The board shall also have the power to suspend or revoke for cause any certificate of authorization issued by it. It shall have the power to reinstate any certificate of authorization suspended or revoked by it.

NOTE: The purpose of this bill is to remove inconsistent and outdated provisions concerning osteopathic physicians and surgeons
; the bill clarifies and updates the licensing requirements for osteopathic physicians and surgeons; and the bill also sets forth additional causes for revoking or suspending a license .

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