Senate Bill No. 298
(By Senators Dittmar, Boley, Love, Deem, Walker, Jackson, Ross
and Minear)
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[Introduced March 12, 1997; referred to the Committee
on Health and Human Resources.]
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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. Grandfather clause.
(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.
(c) Notwithstanding any other provision of this code to the
contrary, any person who has 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, is
eligible for a license to engage in the practice of respiratory
care without examination and without meeting the educational
program requirements, as contained in subdivisions (1) and (2), subsection (a), section eight of this article, if application for
such license is made by the first day of July, two thousand, and
if such person meets all other applicable requirements of this
article.
(c) (d) 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.