Introduced Version Senate Bill 587 History

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SB587 intr
Senate Bill No. 587

(By Senator Bowman)


[Introduced February 16, 2010; referred to the Committee on Government Organization.]


A BILL to repeal §30-26-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-26-3 of said code, relating to the Board of Hearing-Aid Dealers; removing the statutory per diem salary granted to board members; and removing the requirement that the Department of Health and Human Resources provide administrative assistance to the board.

Be it enacted by the Legislature of West Virginia:
That §30-26-4 of the Code of West Virginia, 1931, as amended, be repealed; and that §30-26-3 of said code be amended and reenacted to read as follows:
§30-26-3. West Virginia Board of Hearing-Aid Dealers created; members; qualifications; term; oath; salary and expenses; powers and duties.

There is hereby created the West Virginia Board of Hearing-Aid Dealers, which shall be composed of five members to be appointed by the Governor, by and with the advice and consent of the Senate. The members of the board shall be residents of this state. One member shall be a person licensed to practice medicine in this state and one member shall hold a degree in audiology from an accredited college or university. The remaining three members shall be persons having no less than five years' experience as hearing-aid dealers or fitters and shall hold a valid license under the provisions of this article, except that the hearing-aid dealers or fitters to be first appointed to the board shall obtain a license under the provisions of this article within six months following their appointment to the board.
The term of office of each member of the board shall be is four years, excepting that as to the members first appointed to the board, one shall be appointed for two years; two shall be appointed for three years; and two shall be appointed for four years. A board member shall serve until his or her successor has been duly appointed and qualified and any vacancy in the office of a member shall be filled by appointment for the unexpired term of such member. Any member of the board shall be is eligible for reappointment.
The board shall annually at its meeting first succeeding May 1 elect from its own members a chairman and vice chairman.
Each member of the board shall receive for each day actually engaged in the duties of his office, a per diem salary of one hundred dollars and shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of his or her duties as a member of such the board. All fees and other moneys collected by the board, pursuant to the provisions of this article, shall be kept in a separate fund and shall be expended spent solely for the purposes of this article. The compensation for the members of the board and all expenses incurred under this article shall be paid from this special fund and no such compensation or expenses shall be paid from the General Revenue Fund of this state. All disbursements of funds necessary to carry out the provisions of this article shall be so disbursed only upon the authority of the board.
The board is hereby empowered, with the assistance of the department to generally supervise, regulate and control the practice of dealing in or fitting of hearing aids in this state, and in so doing, shall administer qualifying examinations in accordance with the provisions of this article to test the knowledge and proficiency of all prospective licensees or trainees.
The board may purchase and maintain or rent audiometric equipment and other facilities necessary to carry out the examination of applicants as provided in this article and may purchase such other equipment and supplies and employ such persons as it deems deemed appropriate to carry out execute the provisions of this article.
The board shall promulgate propose for legislative approval reasonable rules and regulations in accordance with and subject to the provisions of chapter twenty-nine-a of this code:
(a) For the proper performance of its duties;
(b) To define and prescribe the ethical practice of dealing in or fitting of hearing aids for the safety, protection and welfare of the public;
(c) To govern the time, place and manner of conducting the examinations required by this article and the standard, scope and subject of such examinations, which examinations shall, as a minimum, conform with the standards, scope and subjects set forth in section six of this article and manner and form in which applications for such examinations shall be filed;
(d) To establish procedures for determining whether persons holding similar valid licenses from other states or jurisdictions shall be required to take and successfully pass the appropriate qualifying examination as a condition for such licensing in this state;
(e) To establish such fees for such examinations, permits, licenses and renewals as may be are necessary to cover the costs of administration.

NOTE: The purpose of this bill is to update laws concerning the Board of Hearing-Aid Dealers.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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