WEST virginia legislature

2020 regular session

Enrolled

Committee Substitute

for

Senate Bill 770

Senators Takubo, Stollings, Rucker, and Plymale, original sponsors

[Passed March 5, 2020; in effect 90 days from passage]

AN ACT to amend and reenact §30-14-2 and §30-14-4 of the Code of West Virginia, 1931, as amended, all relating to definitions and applications for licensure or educational permits for osteopathic physicians and surgeons; revising requirements for post-doctoral training; and eliminating continuing medical education requirements for initial licensure.

Be it enacted by the Legislature of West Virginia:

Article 14. Osteopathic Physicians and Surgeons.

§30-14-2. Definitions.

“Accreditation Council for Graduate Medical Education” (ACGME) is the body responsible for accrediting the majority of graduate medical education programs for physicians (both medical doctors and doctors of osteopathic medicine), including medical internship, residency, and fellowship programs;

“Accredited osteopathic college” 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 an accredited college of arts and sciences and which requires for graduation a course of study approved by the board in accordance with the minimum standards established by the American Osteopathic Association;

“American Osteopathic Association” (AOA) is the entity that serves as the primary certifying body for osteopathic physicians and is the accrediting agency for osteopathic graduate medical education. Prior to the implementation of a single accreditation system for graduate medical education in the United States of America under the ACGME, which began in 2015 and will be fully implemented by July 1, 2020, the AOA also served as the accrediting body for osteopathic graduate medical education programs in the United States of America;

“Approved program of post-graduate clinical training” means a program of clinical training approved by, or subject to approval by, the American Osteopathic Association or approved by the Accreditation Council for Graduate Medical Education for the purposes of intern or resident training;

“Board” means the West Virginia Board of Osteopathic Medicine: Provided, That where used elsewhere in the code, the West Virginia Board of Osteopathy and Board of Osteopathy shall also mean the West Virginia Board of Osteopathic Medicine;

“License” means legal authorization issued by the board to a fully qualified osteopathic physician to engage in the regular practice of osteopathic medicine and surgery;

“Osteopathy” 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;

“Permit” means a limited, legal authorization issued by the board to an osteopathic physician to practice osteopathic medicine and surgery in this state while serving under special circumstances of public need or while undergoing post-graduate clinical training as a prerequisite to licensure;

“Reciprocal endorsement” means a duly authenticated verification of the board, addressed to a board or agency of another country, state, territory, province, or the District of Columbia, vouching that a 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. Application for license or educational permit.

(a) 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.

(b) Each applicant for a license shall furnish evidence, verified by oath and satisfactory to the board, establishing that the applicant has satisfied the following requirements:

(1) The applicant is 18 years of age or over;

(2) The applicant has graduated from an accredited osteopathic college;

 (3) The applicant has successfully completed a minimum of one year of post-doctoral, clinical training in a program approved by the American Osteopathic Association or the Accreditation Council for Graduate Medical Education.

 (c) Each applicant for an educational permit shall furnish evidence, verified by oath and satisfactory to the board, establishing that the applicant has satisfied the following requirements:

(1) The applicant is 18 years of age or over;

(2) The applicant has graduated from an accredited osteopathic college; and

(3) The applicant is under contract as an intern or resident in an approved program of post-graduate clinical training.

(d) The board may not issue a license or permit to any person until the applicant has paid the application fee established by legislative rule of the board.

(e) In order to give timely effect to the amendments to this section and §30-14-10 of this article, the board is authorized to propose a legislative rule consistent with these amendments as an emergency rule under the provisions of §29A-3-15 of this code.