HOUSE CONCURRENT RESOLUTION NO. 48
(By Delegates Douglas, Collins, Varner, Everson
and Thompson)
Requesting the Joint Committee on Government and Finance to
conduct a study to develop criteria to be met by professions
and occupations seeking licensure in the State of West
Virginia.
Whereas, In order to ensure the public health, safety and
welfare, it is in the public interest to license and regulate
certain professions and occupations in the State of West
Virginia; and
Whereas, The licensure and regulation of some professions and
occupations without evidence from which to determine that the
benefits justify the costs could serve to restrict competition
and unnecessarily burden the public and other professions and
occupations; and
Whereas, There are no criteria set forth in current code to
evaluate the necessity to regulate a particular profession or
occupation; and
Whereas, Prioritization of proposed licensure legislation is
needed to ensure adequate oversight of those professions and occupations which present a risk for harm to the public and
require specialized skills and training; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to conduct a study to develop criteria to be met by
professions and occupations seeking licensure in the sState of
West Virginia; and, be it
Further Resolved, That in developing standards for state
licensure legislation, the committee shall consider, among other
factors, the following criteria: tThe risk of harm to the public
which would be presented by the unregulated practice of the
profession or occupation; specialized education or training
required to practice the profession or occupation; the degree of
independent judgment required to fulfill the functions and
responsibilities of the practitioner; whether the scope of
practice is distinguishable from other licensed, certified and
registered occupations; the economic costs to the public of
regulating the occupational group; and the availability of
alternatives to state regulation which would adequately protect
the public interest; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 1998,
on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its
recommendations; and, be it
Further Resolved, That expenses necessary to conduct this
study and to prepare and report necessary legislation be paid
from legislative appropriations to the Joint Committee on
Government and Finance.