H. B. 4060
(By Delegates Douglas, Varner, Kuhn,
Perdue, Angotti, Stalnaker and Willison)
[Introduced January 18, 2000; referred to the
Committee
on Government Organization.]
A BILL to amend and reenact section three, article ten, chapter
four of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; to further amend said article by
adding thereto a new section, designated section five-b; to
amend and reenact section eighteen, article three, chapter
thirty of said code; to amend and reenact section three,
article thirteen-a of said chapter; and to amend and reenact
section three, article thirty of said chapter, all relating to
establishing a sunset review process for regulatory boards.
Be it enacted by the Legislature of West Virginia:
That section three, article ten, chapter four of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted; that said article be further amended by
adding thereto a new section, designated section five-b; that
section eighteen, article three, chapter thirty of said code be amended and reenacted; that section three, article thirteen-a of
said chapter be amended and reenacted; and that section three,
article thirty of said chapter be amended and reenacted, all to
read as follows:
CHAPTER 4. THE LEGISLATURE.
ARTICLE 10. THE WEST VIRGINIA SUNSET LAW.
§4-10-3. Definitions.
As used in this article, unless the context clearly indicates
a different meaning:
(1) "Agency" means any bureau, department, division,
commission, agency, committee, office, board, authority,
subdivision, program, council, advisory body, cabinet, panel,
system, task force, fund, compact, institution, survey, position,
coalition or other entity, however designated, in the state of West
Virginia.
(2) "Committee" means the joint committee on government
operations, hereinafter continued, to perform duties under this
article.
(3) "Full performance evaluation" means to determine for an
agency whether or not the agency is operating in an efficient and
effective manner and to determine whether or not there is a
demonstrable need for the continuation of the agency, pursuant to
the provisions of section ten of this article. References in this
code to performance audit or full performance audit shall be taken as and shall mean full performance evaluation.
(4) "Preliminary performance review" means to determine for an
agency whether or not the agency is performing in an efficient and
effective manner and to determine whether or not there is a
demonstrable need for the continuation of the agency pursuant to
the provisions of section eleven of this article.
(5) "Compliance monitoring and further inquiry update" means
to determine for an agency whether or not the agency has complied
with recommendations contained in a completed full performance
evaluation or a completed preliminary performance review conducted
pursuant to this article and that further inquiry into the
operation of the agency may be conducted pursuant to the provisions
of sections ten-a and eleven-a of this article.
(6) "Regulatory board evaluation" means to determine for a
board whether or not the board is necessary for the protection of
public health and safety and whether or not the board is operating
in compliance with the policies and provisions of chapter thirty of
this code and other applicable laws and rules. A regulatory board
evaluation may be based on reported data which is not independently
verified.
§4-10-5b. Termination of boards created to regulate professions
and occupations.
(a) The legislative auditor shall evaluate each board created
under chapter thirty of this code to regulate professions and occupations, at least once every twelve years. The evaluation
shall assess whether the board complies with the policies and
provisions of chapter thirty of this code and other applicable laws
and rules, whether the board follows a disciplinary procedure which
observes due process rights and protects the public interest, and
whether the public interest requires that the board be continued.
(b) The following boards shall be terminated on the date
indicated, but no board may be terminated under this section unless
a regulatory board evaluation has been conducted upon the board:
(1) On the first day of July, two thousand one: Board of
accountancy; board of architects; massage therapy licensure board;
board of licensed dieticians; board of medicine.
(2) On the first day of July, two thousand two: Board for
respiratory care; board of examiners for speech language pathology
and audiology; board of examiners for registered practical nurses;
board of examiners for licensed practical nurses.
(3) On the first day of July, two thousand three: Board of
pharmacy; board of dental examiners; board of osteopathy.
(4) On the first day of July, two thousand four: Board of
examiners of land surveyors; board of landscape architects; board
of registration for foresters.
(5) On the first day of July, two thousand five: Board of
social work examiners; board of veterinary medicine; acupuncture
board.
(6) On the first day of July, two thousand six: Board of
examiners in counseling; board of examiners of psychologists.
(7) On the first day of July, two thousand seven: Board of
registration for sanitarians; board of embalmers and funeral
directors; board of optometry.
(8) On the first day of July, two thousand eight: Nursing
home administrators board; board of hearing aid dealers; board of
barbers and cosmetologists.
(9) On the first day of July, two thousand nine: Board of
physical therapy; board of chiropractic examiners; board of
occupational therapy.
(10) On the first day of July, two thousand ten: Professional
firefighters board; board of registration for professional
engineers; radiologic technology board of examiners.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.
§30-3-18. Continuation of board.
The board of medicine shall continue to exist until the first
day of July, two thousand, pursuant to the provisions of article
ten, chapter four of this code, to allow for the completion of a
preliminary performance review regulatory board evaluation by the
joint committee on government operations.
ARTICLE 13A. LAND SURVEYORS.
§30-13A-3. Board of examiners of land surveyors created;
appointment, terms, removal, etc., of members;
officers; meetings; quorum; compensation and
expenses.
(a) There is hereby created the state board of examiners of
land surveyors which shall be composed of three members appointed
by the governor by and with the advice and consent of the Senate.
Each member shall have been actively engaged in the practice of
land surveying for at least ten years and shall be the holder of a
license under the provisions of this article.
(b) The members of the board shall be appointed for
overlapping terms of three years each ending on the thirtieth day
of June, and until their respective successors have been appointed
and qualified. Members may be reappointed for any number of terms.
Before entering upon the performance of his duties, each member
shall take and subscribe to the oath required by section five,
article IV of the constitution of this state. Vacancies shall be
filled by appointment by the governor for the unexpired term of the
member whose office shall be vacant and such appointment shall be
made within sixty days of the occurrence of such vacancy. Any
member may be removed by the governor in case of incompetency,
neglect of duty, gross immorality or malfeasance in office.
(c) The board shall elect from its membership a chairman and
secretary-treasurer. A majority of the members of the board shall
constitute a quorum and meetings shall be held at the call of the chairman or upon the written request of two members at such time
and place as designated in such call or request, and, in any event,
the board shall meet at least once annually to conduct the
examination hereinafter provided for and to transact such other
business as may come before it.
(d) Members shall be paid such reasonable compensation as the
board may from time to time determine, and in addition may be
reimbursed for all reasonable and necessary expenses actually
incurred in the performance of their duties, which compensation and
expenses shall be paid in accordance with the provisions of
subsection (b), section four of this article.
(e) After having conducted a performance audit regulatory
board evaluation through its joint committee on government
operations, pursuant to section nine, article ten, chapter four of
this code, the Legislature hereby finds and declares that the
board of examiners of land surveyors should be continued and
reestablished. Accordingly, notwithstanding the provisions of
section four of said article, the board of examiners of land
surveyors shall continue to exist until the first day of July, two
thousand four.
ARTICLE 30. SOCIAL WORKERS.
§30-30-3. Board of social work examiners.
(a) For the purpose of carrying out the provisions of this
article, there is hereby created a West Virginia board of social work examiners, consisting of seven members who shall be appointed
by the governor, subject to the following requirements:
(1) No person may be excluded from serving on the board by
reason of race, sex or national origin;
(2) One member shall be an independent clinical social
worker, two members shall be certified social workers, one member
shall be a graduate social worker and two members shall be social
workers. All such members must be licensed under the provisions of
this article in accordance with their respective titles. In
addition, there shall be one member of the board chosen from the
general public: Provided, That those members who are appointed by
the governor to serve as the first board after the effective date
of this article shall be persons eligible for the licensing
required under this article: Provided, however, That the member
from the general public shall never be required to be eligible for
licensing;
(3) The members of the first board to serve after the
effective date of this article shall be appointed within ninety
days thereof;
(4) The term of office for each member of the board shall be
three years: Provided, That one of the members of the first board
to serve after the effective date of this article shall serve a
term of two years, three of them shall serve a term of three years
and the remaining three shall serve a term of four years; and
(5) The governor shall, whenever there is a vacancy on the
board due to circumstances other than the expiration of the term of
a member, appoint another member with the same qualifications as
the member who has vacated to serve the duration of the unexpired
term.
For the purpose of accepting nominations for the replacement
of a member, the governor shall cause a notice of the vacancy to be
published at least thirty days prior to an announcement of the
replacement member, as a Class I-0 legal advertisement, in
accordance with the provisions of section two, article three,
chapter fifty-nine of this code. The publication area shall be
statewide.
If the governor fails to make appointment in ninety days
after expiration of any term, the board shall make the necessary
appointment. Each member shall hold office until the expiration of
the term for which such member is appointed and until a successor
shall have been duly appointed and qualified.
(b) Any members of the board may be removed from office for
cause, in accordance with procedures set forth in this code for the
removal of public officials from office.
(c) The board shall pay each member the same compensation as
is paid to members of the Legislature for their interim duties as
recommended by the citizens legislative compensation commission and
authorized by law for each day or portion thereof engaged in the discharge of official duties and shall reimburse each member for
actual and necessary expenses incurred in the discharge of official
duties: Provided, That such compensation and such expenses shall
not exceed the amount received by the board from licensing fees and
penalties imposed under subdivision (4), subsection (e) of this
section.
(d) The board shall hold an annual election for the purpose
of electing a chairman, vice chairman and secretary. The
requirements for meetings and management of the board shall be
established in regulations promulgated by the board as required by
this article.
(e) In addition to the duties set forth in other provisions
of this article, the board shall:
(1) Recommend to the Legislature any proposed modifications
to this article;
(2) Report to county prosecutors any suspected violations of
this article: Provided, That no report shall be made until the
board has given the suspected violator ninety days written notice
of the suspected violation and the violator has, within such
ninety-day period, been afforded an opportunity to respond to the
board with respect to the allegation;
(3) Publish an annual report and a roster listing the names
and addresses of all persons who have been licensed in accordance
with the provisions of this article as an independent clinical social worker, certified social worker, graduate social worker or
social worker;
(4) Establish a fee schedule by legislative rule, pursuant
to the provisions of chapter twenty-nine-a of this code, which
schedule may include fees for the initial examination, license fee,
license renewal, license replacement, reciprocal license, license
classification change, continuing education provider approval and
monitoring, mailing lists and requests for information and reports;
fees for requests for information and reports shall not be greater
than the cost of personnel, time and supplies incurred by the board
and shall not be applied to the annual report;
(5) Establish standards and requirements by legislative rule,
pursuant to the provisions of chapter twenty-nine-a of this code,
for continuing education. In establishing these requirements the
board shall consult with professional groups and organizations
representing all levels of practice provided for in this article
and the board shall consider recognized staff development programs,
continuing education programs offered by colleges and universities
having social work programs approved or accredited by the council
on social work education, and continuing education programs offered
by recognized state and national social work bodies: Provided,
That such standards and requirements for continuing education shall
not be construed to alter or affect in any way the standards and
requirements for licensing as set forth elsewhere in this article;
(6) Establish standards and requirements for the practice of
social work and the differentiation of qualifications, education,
training, experience, supervision, responsibilities, rights, duties
and privileges at the independent clinical social worker, certified
social worker, graduate social worker and social worker license
levels. In establishing these standards and requirements the board
shall consult with professional groups and organizations
representing all levels of practice provided for in this article.
Standards and requirements may include, but are not limited to,
practice standards, practice parameters, quality indicators,
minimal standards of acceptance, advanced training and
certification and continuing education: Provided, That such
standards and requirements for practice may not be construed to
alter or affect in any way the standards and requirements for
licensing as set forth elsewhere in this article;
(7) Conduct its proceedings in accordance with provisions of
article nine-a, chapter six of this code; and
(8) Employ, direct and define the duties of administrative
clerical support staff.
(f) After having conducted a preliminary performance review
regulatory board evaluation through its joint committee on
government operations, pursuant to article ten, chapter four of
this code, the Legislature hereby finds and declares that the board
of social work examiners be continued and reestablished. Accordingly, notwithstanding the provisions of said article, the
board of social work examiners shall continue to exist until the
first day of July, two thousand five.
Section five-b, article ten of chapter four is new; therefore,
strikethroughs and underlines have been omitted.
This bill is recommended by the Joint Committee on Government
Organization for passage during the regular 2000 legislative
session.