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Introduced Version Senate Bill 543 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 543

(By Senators Snyder and Stollings)

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         [Introduced March 15, 2013; referred to the Committee on Government Organization      .]                            

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A BILL to amend and reenact §30-1A-2 of the Code of West Virginia, 1931, as amended, relating generally to the application for regulation of professional or occupational group; and authorizing the Office of the Legislative Auditor to establish a fee for the application review process.
Be it enacted by the Legislature of West Virginia:
    That §30-1A-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 1A. PROCEDURE FOR REGULATION OF OCCUPATIONS AND PROFESSIONS.
§30-1A-2. Required application for regulation of professional or occupational group; application and reporting dates.

  (a) Any professional or occupational group or organization, any individual or any other interested party which proposes the regulation of any unregulated professional or occupational group or organization, or who proposes to establish, revise or expand the scope of practice of a regulated profession or occupation shall submit an application to the Joint Standing Committee on Government Organization, as set out in this article.
  (b) The Joint Standing Committee on Government Organization may only accept an application for regulation of a professional or occupational group or organization, or establishment, revision or expansion of the scope of practice of a regulated profession or occupation, when the party submitting an application files with the committee a statement of support for the proposed regulation which has been signed by at least ten residents or citizens of the State of West Virginia who are members of the professional or occupational group or organization for which regulation is being sought, or for which establishment, revision or expansion of the scope of practice of a regulated profession or occupation is being sought.
  (c) The completed application shall contain:
  (1) A description of the occupational or professional group or organization for which regulation is proposed, or for which establishment, revision or expansion of the scope of practice of a regulated profession or occupation is proposed, including a list of associations, organizations and other groups currently representing the practitioners in this state, and an estimate of the number of practitioners in each group;
  (2) A definition of the problem and the reasons why regulation or establishment, revision or expansion of the scope of practice is necessary;
  (3) The reasons why certification, registration, licensure or other type of regulation is being requested and why that regulatory alternative was chosen;
  (4) A detailed statement of the proposed funding mechanism to pay the administrative costs of the regulation or the establishment, revision or expansion of the scope of practice, or of the fee structure conforming with the statutory requirements of financial autonomy as set out in this chapter;
  (5) A detailed statement of the location and manner in which the group plans to maintain records which are accessible to the public as set out in this chapter;
  (6) The benefit to the public that would result from the proposed regulation or establishment, revision or expansion of the scope of practice; and
  (7) The cost of the proposed regulation or establishment, revision or expansion of the scope of practice.
  (d) The office of the Legislative Auditor is authorized to establish and charge a graduated fee schedule related to the actual cost for the review of any application submitted under the provisions of this article.
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NOTE: The purpose of this bill is to allow the office of the Legislative Auditor to charge an applicant for a review of a Sunrise application.


  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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