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Chapter 30     Entire Code


ARTICLE 1. GENERAL PROVISIONS APPLICABLE TO ALL STATE BOARDS OF EXAMINATION OR REGISTRATION REFERRED TO IN CHAPTER.

ARTICLE 1B. PROVISIONS APPLICABLE TO MILITARY MEMBERS AND THEIR SPOUSES.

ARTICLE 1C. INTERSTATE MEDICAL LICENSURE COMPACT.

ARTICLE 1D. PROVISIONS AFFECTING CERTAIN BOARDS OF LICENSURE.

ARTICLE 2. ATTORNEYS-AT-LAW.

ARTICLE 2A. MEDICAL LICENSING BOARD.

ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.

ARTICLE 3A. MANAGEMENT OF INTRACTABLE PAIN.

ARTICLE 3B. MOBILE INTENSIVE CARE PARAMEDICS.

ARTICLE 3C. HEALTH CARE PEER REVIEW ORGANIZATION PROTECTION.

ARTICLE 3D. PHYSICIAN HEALTH PROGRAMS.

ARTICLE 3E. PHYSICIAN ASSISTANTS PRACTICE ACT.

ARTICLE 3F. DIRECT PRIMARY CARE PRACTICE.

ARTICLE 4. WEST VIRGINIA DENTAL PRACTICE ACT.

ARTICLE 4A. ADMINISTRATION OF ANESTHESIA BY DENTISTS.

ARTICLE 4B. DENTAL LABORATORY SERVICES.

ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS AND PHARMACIES.

ARTICLE 6. BOARD OF FUNERAL SERVICE EXAMINERS.

ARTICLE 7. REGISTERED PROFESSIONAL NURSES.

ARTICLE 7A. PRACTICAL NURSES.

ARTICLE 7B. CENTER FOR NURSING.

ARTICLE 7C. DIALYSIS TECHNICIANS.

ARTICLE 7D. MEDICATION ASSISTIVE PERSONS.

ARTICLE 7E. NURSE HEALTH PROGRAMS.

ARTICLE 7F. NURSE LICENSURE COMPACT.

ARTICLE 8. OPTOMETRISTS.

ARTICLE 8A. EYE CARE CONSUMER PROTECTION LAW.

ARTICLE 9. ACCOUNTANTS.

ARTICLE 10. VETERINARIANS.

ARTICLE 10A. ANIMAL EUTHANASIA TECHNICIANS.

ARTICLE 11. CHIROPODISTS-PODIATRISTS.

ARTICLE 12. ARCHITECTS.

ARTICLE 13. ENGINEERS.

ARTICLE 13A. LAND SURVEYORS.

ARTICLE 14. OSTEOPATHIC PHYSICIANS AND SURGEONS.

ARTICLE 14A. ASSISTANTS TO OSTEOPATHIC PHYSICIANS AND SURGEONS.

ARTICLE 15. NURSE-MIDWIVES.

ARTICLE 16. CHIROPRACTORS.

ARTICLE 17. SANITARIANS.

ARTICLE 18. PRIVATE INVESTIGATIVE AND SECURITY SERVICES.

ARTICLE 19. FORESTERS.

ARTICLE 20. PHYSICAL THERAPISTS.

ARTICLE 20A. ATHLETIC TRAINERS.

ARTICLE 21. PSYCHOLOGISTS; SCHOOL PSYCHOLOGISTS.

ARTICLE 22. LANDSCAPE ARCHITECTS.

ARTICLE 23. RADIOLOGIC TECHNOLOGISTS.

ARTICLE 24. QUALIFICATION OF ARMED FORCES HEALTH TECHNICIANS FOR CIVILIAN HEALTH OCCUPATIONS.

ARTICLE 25. NURSING HOME ADMINISTRATORS.

ARTICLE 26. HEARING-AID DEALERS AND FITTERS.

ARTICLE 27. BOARD OF BARBERS AND COSMETOLOGISTS.

ARTICLE 28. WEST VIRGINIA OCCUPATIONAL THERAPY PRACTICE ACT.

ARTICLE 29. LAW-ENFORCEMENT TRAINING AND CERTIFICATION.

ARTICLE 29A. STANDARDS FOR PROFESSIONAL FIRE FIGHTERS TRAINING; REGISTERED APPRENTICESHIP AND CERTIFICATION.

ARTICLE 30. SOCIAL WORKERS.

ARTICLE 31. LICENSED PROFESSIONAL COUNSELORS.

ARTICLE 32. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS.

ARTICLE 33. TATTOO STUDIO BUSINESS.

ARTICLE 34. BOARD OF RESPIRATORY CARE PRACTITIONERS.

ARTICLE 35. BOARD OF DIETITIANS.

ARTICLE 36. ACUPUNCTURISTS.

ARTICLE 37. MASSAGE THERAPISTS.

ARTICLE 38. THE REAL ESTATE APPRAISER LICENSING AND CERTIFICATION ACT.

ARTICLE 38A. APPRAISAL MANAGEMENT COMPANIES REGISTRATION ACT.

ARTICLE 39. UNIFORM ATHLETE AGENTS ACT.

ARTICLE 40. WEST VIRGINIA REAL ESTATE LICENSE ACT.

ARTICLE 41. PHYSICAL THERAPY LICENSURE COMPACT ACT.

ARTICLE 1A. PROCEDURE FOR REGULATION OF OCCUPATIONS AND PROFESSIONS.

§30-1A-1. Legislative findings.

The Legislature finds that regulation should be imposed on an occupation or profession only when necessary for the protection of public health and safety. The Legislature further finds that establishing a procedure for reviewing the necessity of regulating an occupation or profession prior to enacting laws for such regulation will better enable it to evaluate the need for the regulation and to determine the least restrictive regulatory alternative consistent with public health and safety.

§30-1A-2. Required application for regulation of professional or occupational group; application and reporting dates.

(a) Any professional or occupational group or organization, any individual or any other interested party which proposes the regulation of any unregulated professional or occupational group or organization, or who proposes to establish, revise or expand the scope of practice of a regulated profession or occupation shall submit an application to the Joint Standing Committee on Government Organization, as set out in this article.

(b) The Joint Standing Committee on Government Organization may only accept an application for regulation of a professional or occupational group or organization, or establishment, revision or expansion of the scope of practice of a regulated profession or occupation, when the party submitting an application files with the committee a statement of support for the proposed regulation which has been signed by at least ten residents or citizens of the State of West Virginia who are members of the professional or occupational group or organization for which regulation is being sought, or for which establishment, revision or expansion of the scope of practice of a regulated profession or occupation is being sought.

(c) The completed application shall contain:

(1) A description of the occupational or professional group or organization for which regulation is proposed, or for which establishment, revision or expansion of the scope of practice of a regulated profession or occupation is proposed, including a list of associations, organizations and other groups currently representing the practitioners in this state, and an estimate of the number of practitioners in each group;

(2) A definition of the problem and the reasons why regulation or establishment, revision or expansion of the scope of practice is necessary;

(3) The reasons why certification, registration, licensure or other type of regulation is being requested and why that regulatory alternative was chosen;

(4) A detailed statement of the proposed funding mechanism to pay the administrative costs of the regulation or the establishment, revision or expansion of the scope of practice, or of the fee structure conforming with the statutory requirements of financial autonomy as set out in this chapter;

(5) A detailed statement of the location and manner in which the group plans to maintain records which are accessible to the public as set out in this chapter;

(6) The benefit to the public that would result from the proposed regulation or establishment, revision or expansion of the scope of practice; and

(7) The cost of the proposed regulation or establishment, revision or expansion of the scope of practice.

§30-1A-2a.

Repealed.

Acts, 2007 Reg. Sess., Ch. 203.

§30-1A-3. Analysis and evaluation of application.

(a) The Joint Committee on Government Organization shall refer the completed application of the professional or occupational group or organization to the Performance Evaluation and Research Division of the Office of the Legislative Auditor.

(b) The Performance Evaluation and Research Division of the Office of the Legislative Auditor shall conduct an analysis and evaluation of the application. The analysis and evaluation shall be based upon the criteria listed in subsection (c) of this section. The Performance Evaluation and Research Division of the Office of the Legislative Auditor shall submit a report, and such supporting materials as may be required, to the Joint Standing Committee on Government Organization, as set out in this section.

(c) For an application proposing the regulation of an unregulated professional or occupational group or organization, the report shall include evaluation, analysis and findings as to:

(1) Whether the unregulated practice of the occupation or profession clearly harms or endangers the health, safety or welfare of the public, and whether the potential for the harm is easily recognizable and not remote or dependent upon tenuous argument;

(2) Whether the practice of the profession or occupation requires specialized skill or training which is readily measurable or quantifiable so that examination or training requirements would reasonably assure initial and continuing professional or occupational competence;

(3) Whether the public can be adequately protected by other means in a more cost-effective manner; and

(4) Whether the professional or occupational group or organization should be regulated as proposed in the application.

(d) For an application proposing the establishment, revision or expansion of the scope of practice of a regulated profession or occupation, the report shall include the evaluation, analysis and findings as set forth in subsection (c) of this section inasmuch as applicable, and a clear recommendation as to whether the scope of practice should be established, revised or expanded as proposed in the application.

(e) For an application received after December 1, and on or before June 1, the Performance Evaluation and Research Division of the Office of the Legislative Auditor shall present a report to the Joint Committee on Government Organization by December 31 of that year.

(f) For an application received after June 1 and on or before December 1, the Performance Evaluation and Research Division of the Office of the Legislative Auditor shall present a report to the Joint Committee on Government Organization by June 30 of the next year.

§30-1A-4. Public hearing and committee recommendations.

(a) After receiving the required report, the joint standing committee on government organization may conduct public hearings to receive testimony from the public, the Governor or his or her designee, the group, organization or individual who submitted the proposal for regulation, and any other interested party.

(b) The joint standing committee on government organization shall report its findings and recommendations to the next regular session of the Legislature.

(c) The report shall include:

(1) Whether regulation of each occupation or profession is necessary for the public health and safety and, if regulation is necessary, recommendations as to what is the least restrictive type of regulation consistent with the public interest; and

(2) Whether regulation would result in the creation of a new agency or board or could be implemented more efficiently through an existing agency or board.

(d) The report may include a recommendation that the occupation or profession be regulated by any of the following mechanisms, in whole or in part:

(1) By practice standards, which may include restrictions established by statute;

(2) By registration, which may include inspections or other enforcement provisions;

(3) By statutory certification, which may include testing or assessment of the practitioner's credential or competency;

(4) By supervision by a licensed practitioner, which may include practice standards, registration or statutory certification;

(5) By licensure by a new or existing agency or board, which may include restrictions of the scope of practice, minimum competency, education, testing, registration, certification, inspection or enforcement.

§30-1A-5. Reapplication requirements.

(a) If the Joint Standing Committee on Government Organization approves an application for regulation of a professional or occupational group or organization, but the legislation incorporating its recommendations does not become law in the year in which it is first introduced, the applicants for regulation may introduce legislation during each of the two successive regular sessions without having to make reapplication.

(b) If the Joint Standing Committee on Government Organization does not approve an application for regulation, establishment, revision or expansion of the scope of practice of a professional or occupational group or organization, any party who continues to propose the regulation, establishment, revision or expansion must reapply in accordance with the provisions of this article.

§30-1A-6. Article construction.

(a) Nothing in this article shall be construed as limiting or interfering with the right of any member of the Legislature to introduce or of the Legislature to consider any bill that would create a new state governmental department or agency or amend the law with respect to an existing one.

(b) Notwithstanding the provisions of subsection (a) of this section, the recommendations of the Joint Standing Committee on Government Organization are to be given considerable weight in determining if a profession or occupation should be regulated, or if the scope of practice of a regulated profession or occupation should be established, revised or expanded.

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