H. B. 2961
(By Delegates Amores, Ashley,
Azinger, Beane and Martin)
[Introduced February 26, 1999; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact sections ten and twelve, article
three, chapter thirty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; to further
amend said article by adding thereto two new sections,
designated sections ten-a and fourteen-a; and to amend and
reenact section ten, article fourteen of said chapter, all
relating to establishing a special volunteer medical
license; providing issuance without payment of fees;
requirements of license; and providing civil immunity for
voluntary medical services rendered to indigents.
Be it enacted by the Legislature of West Virginia:
That sections ten and twelve, article three, chapter thirty
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 two new sections, designated sections ten-a and fourteen-a; and that section ten,
article fourteen of said chapter be amended and reenacted, all
to read as follows:
ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.
§30-3-10. Licenses to practice medicine and surgery or podiatry.
(a) The board shall issue a license to practice medicine and
surgery or to practice podiatry to any individual who is
qualified to do so in accordance with the provisions of this
article.
(b) For an individual to be licensed to practice medicine
and surgery in this state, he or she must meet the following
requirements:
(1) He or she shall submit an application to the board on a
form provided by the board and remit to the board a reasonable
examination fee, the amount of such reasonable fee to be set by
the board. The application must, as a minimum, require a sworn
and notarized statement that the applicant is of good moral
character and that he or she is physically and mentally capable
of engaging in the practice of medicine and surgery;
(2) He or she must provide evidence of graduation and
receipt of the degree of doctor of medicine or its equivalent
from a school of medicine, which is approved by the liaison committee on medical education or by the board;
(3) He or she must submit evidence to the board of having
successfully completed a minimum of one year of graduate clinical
training in a program approved by the accreditation council for
graduate medical education; and
(4) He or she must pass an examination approved by the
board, which examination can be related to a national standard.
The examination shall be in the English language and be designed
to ascertain an applicant's fitness to practice medicine and
surgery. The board shall before the date of examination
determine what will constitute a passing score:
Provided, That
the
said board, or a majority of
them the members, may accept in
lieu of an examination of applicants, the certificate of the
national board of medical examiners. If an applicant fails to
pass the examination on two occasions, he or she shall
successfully complete a course of study or training, as approved
by the board, designed to improve his or her ability to engage in
the practice of medicine and surgery, before being eligible for
reexamination.
(c) In addition to the requirements of subsection (b)
hereof, any individual who has received the degree of doctor of
medicine or its equivalent from a school of medicine located outside of the United States, the Commonwealth of Puerto Rico and
Canada, to be licensed to practice medicine in this state,
must
shall also meet the following additional requirements and
limitations:
(1) He or she
must be able to shall demonstrate to the
satisfaction of the board his or her ability to communicate in
the English language;
(2) Before taking a licensure examination, he or she
must
have fulfilled shall fulfill the requirements of the educational
commission for foreign medical graduates for certification, or he
or she
must shall provide evidence of receipt of a passing score
on the examination of the educational commission for foreign
medical graduates; and
(3) He or she
must shall submit evidence to the board of
having successfully completed a minimum of two years of graduate
clinical training in a program approved by the accreditation
council for graduate medical education.
(d) For an individual to be licensed to practice podiatry in
this state, he or she
must shall meet the following requirements:
(1) He or she shall submit an application to the board on a
form provided by the board and remit to the board a reasonable
examination fee, the amount of
such reasonable the fee to be set
by the board. The application
must shall, as a minimum, require a sworn and notarized statement that the applicant is of good
moral character and that he or she is physically and mentally
capable of engaging in the practice of podiatric medicine;
(2) He or she
must shall provide evidence of graduation and
receipt of the degree of doctor of podiatric medicine and its
equivalent from a school of podiatric medicine which is approved
by the council of podiatry education or by the board;
(3) He or she
must shall pass an examination approved by the
board, which examination can be related to a national standard.
The examination shall be in the English language and be designed
to ascertain an applicant's fitness to practice podiatric
medicine. The board shall before the date of examination
determine what will constitute a passing score. If an applicant
fails to pass the examination on two occasions, he or she shall
successfully complete a course of study or training, as approved
by the board, designed to improve his or her ability to engage in
the practice of podiatric medicine, before being eligible for
reexamination; and
(4) He or she
must shall submit evidence to the board of
having successfully completed a minimum of one year of graduate
clinical training in a program approved by the council on
podiatric medical education, or the colleges of podiatric
medicine. The board may consider a minimum of two years of graduate podiatric clinical training in the United States armed
forces or three years private podiatric clinical experience in
lieu of this requirement.
(e) All licenses to practice medicine and surgery granted
prior to
the first day of July,
first, one thousand nine hundred
ninety-one, and valid on that date, shall continue in full effect
for such term and under such conditions as provided by law at the
time of the granting of the license:
Provided, That the
provisions of subsection (d) of this section
shall do not apply
to any person legally entitled to practice chiropody or podiatry
in this state prior to the eleventh day of June, one thousand
nine hundred sixty-five:
Provided, however, That all persons
licensed to practice chiropody prior to the eleventh day of June,
one thousand nine hundred sixty-five, shall be permitted to use
the term "chiropody-podiatry" and shall have the rights,
privileges and responsibilities of a podiatrist set out in this
article.
(f) The provisions of this section do not apply to
applicants for a special volunteer medical license authorized
under section ten-a of this article.
§30-3-10a. Special volunteer medical license.
(a) There is established a special volunteer medical license for physicians who are retired from active practice and wish to
donate their expertise for the medical care and treatment of
indigent and needy persons or persons in medically underserved
areas of the state. The special volunteer medical license shall
be issued by the West Virginia board of medicine to eligible
physicians without the payment of any application fee,
examination fee, license fee or renewal fee, shall be issued for
a fiscal year or part thereof, and shall be renewable annually
upon approval of the board.
(b) A physician shall meet the following requirements to be
eligible for a special volunteer medical license:
(1) Completion of a special volunteer medical license
application, including documentation of the physician's medical
school or osteopathic school graduation and practice history;
(2) Documentation that the physician has been previously
issued an unrestricted license to practice medicine in West
Virginia or in another state of the United States and that he or
she has never been the subject of any medical disciplinary action
in any jurisdiction;
(3) Acknowledgment and documentation that the physician's
practice under the special volunteer medical license will be
exclusively and totally devoted to providing medical care to
needy and indigent persons in West Virginia or persons in medically underserved areas in West Virginia; and
(4) Acknowledgment and documentation that the physician will
not receive any payment or compensation, either direct or
indirect, or have the expectation of any payment or compensation,
for any medical services rendered under the special volunteer
medical license.
§30-3-12. Biennial renewal of license to practice medicine and
surgery or podiatry; continuing education; rules; fee; inactive license.
(a) A license to practice medicine and surgery or podiatry
in this state is valid for a term of two years and shall be
renewed upon a receipt of a reasonable fee, as set by the board,
submission of an application on forms provided by the board and,
beginning with the biennial renewal application forms completed
by licensees and submitted to the board in one thousand nine
hundred ninety-three, a certification in accordance with rules
and regulations promulgated by the board in accordance with
chapter twenty-nine-a of this code of participation in and
successful completion of a minimum of fifty hours of continuing
medical or podiatric education satisfactory to the board, as
appropriate to the particular license, during the preceding
two-year period. Continuing medical education satisfactory to the board is continuing medical education designated as Category
I by the American Medical Association or the Academy of Family
Physicians and continuing podiatric education satisfactory to the
board is continuing podiatric education approved by the council
on podiatric education.
In addition, the Legislature hereby finds and declares that
it is in the public interest to encourage alternate categories of
continuing education satisfactory to the board for physicians and
podiatrists. In order to provide adequate notice of the same to
physicians and podiatrists, no later than the first day of June,
one thousand nine hundred ninety-one, the board shall file rules
under the provisions of section fifteen, article three, chapter
twenty-nine-a of this code, delineating any alternate categories
of continuing medical or podiatric education which may be
considered satisfactory to the board and any procedures for board
approval of such continuing education.
Notwithstanding any provision of this chapter to the
contrary, failure to timely submit to the board a certification
in accordance with rules
and regulations promulgated by the board
in accordance with chapter twenty-nine-a of this code of
successful completion of a minimum of fifty hours of continuing
medical or podiatric education satisfactory to the board, as
appropriate to the particular license, shall, beginning the first day of July, one thousand nine hundred ninety-three, result in
the automatic suspension of any license to practice medicine and
surgery or podiatry until such time as the certification in
accordance with rules
and regulations promulgated by the board in
accordance with chapter twenty-nine-a of this code, with all
supporting written documentation, is submitted to and approved by
the board.
Any individual who accepts the privilege of practicing
medicine and surgery or podiatry in this state is required to
provide supporting written documentation of the continuing
education represented as received within thirty days of receipt
of a written request to do so by the board. If a licensee fails
or refuses to provide supporting written documentation of the
continuing education represented as received as required in this
section, such failure or refusal to provide supporting written
documentation is prima facie evidence of renewing a license to
practice medicine and surgery or podiatry by fraudulent
misrepresentation.
(b) The board may renew, on an inactive basis, the license
of a physician or podiatrist who is currently licensed to
practice medicine and surgery or podiatry in, but is not actually
practicing, medicine and surgery or podiatry in this state. A
physician or podiatrist holding an inactive license
shall may not practice medicine and surgery or podiatry in this state. His or
her inactive license may be converted by the board to an active
one upon a written request to the board that accounts for his or
her period of inactivity to the satisfaction of the board:
Provided, That beginning on the first day of July, one thousand
nine hundred ninety-three,
such the licensee submits written
documentation of participation in and successful completion of a
minimum of fifty hours of continuing medical or podiatric
education satisfactory to the board, as appropriate to the
particular license, during each preceding two-year period. An
inactive license may be obtained upon receipt of a reasonable
fee, as set by the board, and submission of an application on
forms provided by the board on a biennial basis.
(c) The fees provided for in this section may not be applied
to the renewal of a special volunteer medical license authorized
under section ten-a of this article.
§30-3-14a. Civil immunity for voluntary services rendered to
indigents.
(a) Any licensed physician or licensed practical or
registered nurse who voluntarily provides needed medical or
health services to any person without the expectation of payment
due to the inability of the person to pay for the services shall be immune from liability for any civil action arising out of the
provision of the medical or health services provided in good
faith on a charitable basis. This section does not extend
immunity to acts of willful or gross negligence. Immunity under
this section shall be extended only if the physician or practical
or registered nurse and patient execute a written waiver in
advance of rendering the services specifying that the services
are provided without the expectation of payment and that the
licensed physician or licensed practical or registered nurse
shall be immune as provided herein.
(b) Any physician who renders any medical service under a
special volunteer medical license authorized under section ten-a
of this article without payment or compensation or the
expectation or promise of payment or compensation shall be immune
from liability for any civil action arising out of any act or
omission resulting from the rendering of the medical service
unless the act or omission was the result of the physician's
gross negligence or willful misconduct. In order for the
immunity under this section to apply, there must be a written or
oral agreement for the physician to provide a voluntary
noncompensated medical service before the rendering of the
service by the physician.
This section shall take effect the first day of July, one thousand nine hundred ninety-nine.
ARTICLE 14. OSTEOPATHIC PHYSICIANS AND SURGEONS.
§30-14-10. Annual renewal of license; fee; refresher training a
prerequisite; effect of failure to renew; reinstatement.
All holders of certificates of license to practice as
osteopathic physicians and surgeons in this state shall renew
them biennially on or before the first day of July, by the
payment of a reasonable renewal fee, the amount of such
reasonable fee to be set by the board rules to the secretary of
the board. The secretary of the board shall notify each
certificate holder by mail of the necessity of renewing his or
her certificate at least thirty days prior to the first day of
July of each year.
As a prerequisite to renewal of a certificate of license
issued by the board, each holder of such a certificate shall
furnish biennially to the secretary of the board satisfactory
evidence of having completed thirty-two hours of educational
refresher course training, of which the total amount of hours
must be AOA approved, and fifty percent of the required thirty- two hours shall be category (1).
The failure to renew a certificate of license shall operate
as an automatic suspension of the rights and privileges granted by its issuance.
A certificate of license suspended by a failure to make a
biennial renewal thereof may be reinstated by the board upon
compliance of the certificate holder with the following
requirements: (a) Presentation to the board of satisfactory
evidence of educational refresher training of quantity and
standard approved by the board for the previous two years; (b)
payment of all fees for the previous two years that would have
been paid had the certificate holder maintained his or her
certificate in good standing; and (c) payment to the board of a
reasonable reinstatement fee, the amount of such reasonable fee
to be set by the board rules.
The fees provided for in this section may not be applied to
the renewal of a special volunteer medical license authorized
under section ten-a, article three of this chapter.
NOTE: The purpose of this bill is to establish a special
volunteer medical license to be issued without payment of fees
and to provide civil immunity for voluntary medical services
rendered to indigents.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
§§30-3-10a and 30-3-14a are new; therefore, strike-throughs
and underscoring have been omitted.