SENATE
HOUSE
JOINT
BILL STATUS
WV CODE
REPORTS
EDUCATIONAL
CONTACT
home
home

West Virginia Code

Search

Chapter 30     Entire Code


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

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

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 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 3F. DIRECT PRIMARY CARE PRACTICE.

§30-3F-1. Definitions.

As used in this section:  

(1) “Boards” means the West Virginia Board of Medicine; the West Virginia Board of Osteopathic Medicine, the West Virginia Board of Optometry, West Virginia Board of Chiropractic, West Virginia Board of Dentistry and the West Virginia Board of Examiners for Registered Professional Nurses;

(2) “Direct primary care membership agreement” means a written contractual agreement between a primary care provider and a person, or the person’s legal representative;

(3) “Direct primary care provider” means an individual or legal entity, alone or with others professionally associated with the provider or other legal entity, that is authorized to provide primary care services and who chooses to enter into a direct primary care membership agreement;

(4) “Medical products” means any product used to diagnose or manage a disease, including any medical device, treatment or drug;

(5) “Medical services” means a screen, assessment, diagnosis or treatment for the purpose of promotion of health or the detection and management of disease or injury within the competency and training of the direct primary care provider; and

(6) “Primary care provider” means an individual or other legal entity that is authorized to provide medical services and medical products under his or her scope of practice in this state.

§30-3F-2. Direct Primary Care.

(a) A person or a legal representative of a person may seek care outside of an insurance plan, or outside of the Medicaid or Medicare program, and pay for the care.

(b) A primary care provider may accept payment for medical services or medical products outside of an insurance plan.

(c) A primary care provider may accept payment for medical services or medical products provided to a Medicaid or Medicare beneficiary.

(d) A patient or legal representative does not forfeit insurance benefits, Medicaid benefits or Medicare benefits by purchasing medical services or medical products outside the system.

(e) The offer and provision of medical services or medical products purchased and provided under this article is not an offer of insurance nor regulated by the insurance laws of the state.

(f) The direct primary care provider may not bill third parties on a fee for service basis for services provided under the direct primary care membership agreement.

(g) A primary care provider may not bill any third-party payer for services rendered or products sold pursuant to a direct primary care membership agreement.  

§30-3F-3. Prohibited and authorized practices.

(a) A direct primary care membership agreement is not insurance and is not subject to regulation by the Office of the Insurance Commission.

(b) A direct primary care provider or its agent is not required to obtain a certification of authority or license under chapter thirty-three to market, sell or offer to sell a direct primary care agreement.

(c) A direct primary care membership agreement is not a discount medical plan.

(d) A direct primary care membership agreement shall:

(1) Be in writing;

(2) Be signed by the primary care provider or agent of the primary care provider and the individual patient or his or her legal representative;

(3) Allow either party to terminate the agreement on at least 30 days prior written notice to the other party;

(4) Describe the scope of primary care services that are covered by the periodic fee;

(5) Specify the periodic fee and any additional fees outside of the periodic fee for ongoing care under the agreement;

(6) Specify the duration of the agreement and any automatic renewal periods. Any per-visit charges under the agreement will be less than the monthly equivalent of the periodic fee.  The person is not required to pay more than twelve months of the fee in advance. Funds are not earned by the practice until the month of ongoing care is completed.  Upon discontinuing the agreement all unearned funds are returned to the patient; and

(7) Prominently state in writing that the agreement is not health insurance.

§30-3F-4. Rules.

The boards may propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code, to effectuate the provisions of this article.

§30-3F-5. Violations.

Violations of this article constitute unprofessional conduct and may subject violators to sanctions which may be pursued by the boards.

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2019 West Virginia Legislature **