Senate Bill No. 76
(By Senators Anderson, Boley,
Grubb, Macnaughtan and Manchin)
__________
[Introduced January 20, 1995; referred to the
Committee on Health and Human Resources; then to the
Committee on Finance; and then to the Committee on the
Judiciary.]
__________
A BILL to amend and reenact section sixteen, article nine, chapter
sixty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to authorizing the
board of medicine to promulgate legislative rules relating to
fees for services rendered by the board of medicine.
Be it enacted by the Legislature of West Virginia:
That section sixteen, article nine, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted, to read as follows:
ARTICLE 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND BOARDS TO
PROMULGATE LEGISLATIVE RULES.
§64-9-16. Board of medicine.
(a) The legislative rules filed in the state register on the
twelfth day of May, one thousand nine hundred eighty-three,
relating to the board of medicine (licensing, disciplinary and
complaint procedures; podiatry; physicians assistants), are
authorized with the modifications set forth below:
"§24.12.
(b) It shall be the responsibility of the supervising
physician to obtain consent in writing from the patient before Type
A physician assistants employed in a satellite clinic may render
general medical or surgical services, except in emergencies.
§24.16.
(a) No physician assistant shall render nonemergency
outpatient medical services until the patient has been informed
that the individual providing care is a physician assistant."
(b) The legislative rules filed in the state register on the
twenty-sixth day of November, one thousand nine hundred eighty-
five, modified by the board of medicine to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the seventeenth day of January, one thousand nine hundred eighty-six, relating to the board of medicine (licensing,
disciplinary and complaint procedures; podiatry; physicians
assistants), are authorized.
(c) The legislative rules filed in the state register on the
eighth day of March, one thousand nine hundred eighty-five,
modified by the West Virginia board of medicine to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the eighteenth day of December,
one thousand nine hundred eighty-five, relating to the West
Virginia board of medicine (rules governing the approval of medical
schools not accredited by the liaison committee on medical
education), are authorized.
(d) The legislative rules filed in the state register on the
third day of June, one thousand nine hundred eighty-seven, relating
to the board of medicine (fees for services rendered by the board
of medicine), are authorized.
(e) The legislative rules filed in the state register on the
sixteenth day of September, one thousand nine hundred eighty-eight,
modified by the board of medicine to meet the objections of the
legislative rule-making review committee and refiled in the state register on the twenty-fourth day of February, one thousand nine
hundred eighty-nine, relating to the board of medicine (dispensing
of legend drugs by physicians and podiatrists), are authorized with
the following amendments:
Section 2.6 to read as follows: "Dispense means to deliver a
legend drug to an ultimate user or research subject by or pursuant
to the lawful order of a physician or podiatrist, including the
prescribing, packaging, labeling, administering or compounding
necessary to prepare the drug for that delivery."
And,
Section 3.3 to read as follows: "Physicians or podiatrists
who are not registered with the Board as dispensing physicians may
not dispense legend drugs. However, the following activities by a
physician or podiatrist shall be exempt from the requirements of
sections 3 through 8 applicable to dispensing physicians:
a. Legend drugs administered to the patient, which are not
controlled substances when an appropriate record is made in the
patient's chart;
b. Professional samples distributed free of charge by a
physician or podiatrist or certified physician assistant under his or her supervision to the patient when an appropriate record is
made in the patient's chart; or
c. Legend drugs which are not controlled substances provided
by free clinics or under West Virginia state authorized programs,
including the Medicaid, family planning, maternal and child health,
and early and periodic screening and diagnosis and treatment
programs:
Provided,
That all labeling provisions of section 8
shall be applicable except the requirements of section 8.3(a)."
(f) The legislative rules filed in the state register on the
tenth day of August, one thousand nine hundred ninety, modified by
the board of medicine to meet the objections of the legislative
rule-making review committee and refiled in the state register on
the first day of October, one thousand nine hundred ninety,
relating to the board of medicine (fees for services rendered by
the board of medicine), are authorized.
(g) The legislative rules filed in the state register on the
tenth day of August, one thousand nine hundred ninety, modified by
the board of medicine to meet the objections of the legislative
rule-making review committee and refiled in the state register on
the eleventh day of January, one thousand nine hundred ninety-one, relating to the board of medicine (licensing and disciplinary and
complaint procedures: physicians; podiatrists), are authorized.
(h) The legislative rules filed in the state register on the
tenth day of August, one thousand nine hundred ninety, modified by
the board of medicine to meet the objections of the legislative
rule-making review committee and refiled in the state register on
the eleventh day of January, one thousand nine hundred ninety-one,
relating to the board of medicine (certification, disciplinary and
complaint procedures: physician assistants), are authorized.
(i) The legislative rules filed in the state register on the
tenth day of July, one thousand nine hundred ninety-one, modified
by the board of medicine to meet the objections of the legislative
rule-making review committee and refiled in the state register on
the third day of September, one thousand nine hundred ninety-one,
relating to the board of medicine (continuing education for
physicians and podiatrists), are authorized.
(j) The legislative rules filed in the state register on the
twenty-fifth day of March, one thousand nine hundred ninety-two,
modified by the board of medicine to meet the objections of the
legislative rule-making review committee and refiled in the state register on the nineteenth day of May, one thousand nine hundred
ninety-two, relating to the board of medicine (licensing,
disciplinary and complaint procedures: physicians, podiatrists),
are authorized.
(k) The legislative rules filed in the state register on the
seventeenth day of September, one thousand nine hundred ninety-two,
modified by the board of medicine to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the sixteenth day of November, one thousand nine
hundred ninety-two, relating to the board of medicine
(certification, disciplinary and complaint procedures, continuing
education, physician assistants), are authorized, with the
following amendment:
On page six, section 11-1B-2, subsection 2.8(c), after the
words "in writing" and the comma, by striking out the words "prior
to" and inserting in lieu thereof the words "within ten days of".
(l) The legislative rules filed in the state register on the
sixteenth day of August, one thousand nine hundred ninety-three,
modified by the board of medicine to meet the objections of the
legislative rule-making review committee and refiled in the state register on the twentieth day of October, one thousand nine hundred
ninety-three, relating to the board of medicine (licensing,
disciplinary and complaint procedures, physicians; podiatrists),
are authorized.
(m) The legislative rules filed in the state register on the
fourteenth day of July, one thousand nine hundred ninety-four,
modified by the board of medicine to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twelfth day of October, one thousand nine hundred
ninety-four, relating to the board of medicine (fees for services
rendered by the board of medicine), are authorized.
NOTE: The purpose of this bill is to authorize the Board of
Medicine to promulgate legislative rules relating to fees for
services rendered by the Board of Medicine.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.