COMMITTEE SUBSTITUTE

FOR

H. B. 2566

(By Delegates Anderson, Border, Beane, Stalnaker, Leach, Mezzatesta and Douglas)

(Originating in the Committee on Government Organization)

[March 26, 1997]



A BILL to amend and reenact section eleven, article thirty-four, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to respiratory care practitioners; and revising the grandfather clause for respiratory care licensure.

Be it enacted by the Legislature of West Virginia:
That section eleven, article thirty-four, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 34. BOARD OF RESPIRATORY CARE PRACTITIONERS.
§30-34-11. Examination requirement; exemption for certain applicants.
(a) After the establishment of the board of respiratory care, a license shall be issued to applicants who, on the effective date of this article, have passed the National Board of Respiratory Care, Inc., entry-level or registry examinations, or their equivalent as approved by the board.
(b) Applicants who have not passed either of these national examinations or their equivalent on the effective date of this article and who, through written evidence, and verified by oath, demonstrate that they have been functioning for two years in the capacity of a respiratory care provider as defined by this article shall be issued a temporary license to practice respiratory care. A temporary license issued pursuant to this section shall be renewed at intervals prescribed by the board. A temporary license shall not be valid after the first day of June, one thousand nine hundred ninety-seven. Persons holding a temporary license shall be issued a license to practice only after achieving a passing score on a licensure exam administered or approved by the board. engaged in the practice of respiratory care in this state for a period of three years or more within the last five-year period immediately preceding the first day of July, one thousand nine hundred ninety-seven, including applicantspersons issued a temporary license or temporary permit under prior enactment of this section, are exempt from the examination and educational program requirements ofas contained in subdivisions (1) and (2), subsection (a), section eight of this article and, notwithstanding any provision of this article to the contrary, are eligible for licensure if application for the license is made on or before the first day of July, one thousand nine hundred ninety-eight., and the applicants meet all other applicable requirements of this article.
(c) Any person issued a license pursuant to this section shall be required to pay the license or renewal fees established in section seven of this article.

NOTE: The purpose of this bill is to revise the grandfather clause for licensure of respiratory care practitioners.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
 A BILL to repeal article one-a; sections six, seven, eight, nine and ten, article five-a; section six, article twenty-nine-b; and article twenty-nine-c; all of chapter sixteen the code of West Virginia, one thousand nine hundred and thirty one, as amended, relating to repeal of archaic language relating to health-related boards, councils, committees and programs which have terminated, been superseded or are otherwise defunct and inactive; repealing provisions creating the health care planning commission and related legislative oversight committee; repealing provisions creating the patient qualification and review board and the controlled substances therapeutic research program; repealing provisions creating the health care cost review advisory council; and repealing article relating to the indigent care act and the legislative task force on uncompensated health care and medicaid expenditures .
Be it enacted by the Legislature of West Virginia:
That article one-a; sections six, seven, eight, nine and ten, article five-a; section six, article twenty-nine-b; and article twenty-nine-c, all of chapter sixteen of the code of West Virginia, one thousand nine hundred and thirty-one, as amended, be repealed.
§1. Repeal of article creating a health care planning commission and related legislative oversight committee.

Article one-a, chapter sixteen of the code of West Virginia, one thousand nine hundred and thirty one, as amended, is hereby repealed.
§2. Repeal of sections creating the patient qualification and review board and the controlled substances therapeutic research program.

Sections six, seven, eight, nine and ten, article five-a, chapter sixteen of the code of West Virginia, one thousand nine hundred and thirty one, as amended, are hereby repealed.
§3. Repeal of section creating the health care cost review advisory council.

Section six, article twenty-nine-b, chapter sixteen of the code of West Virginia, one thousand nine hundred and thirty-one, as amended, is hereby repealed.
§4. Repeal of article relating to the indigent care act and the legislative task force on uncompensated health care and medicaid expenditures.

Article twenty-nine-c, chapter sixteen of the code of West Virginia, one thousand nine hundred and thirty one, as amended, is hereby repealed.