H. B. 2527
(By Delegates Hatfield, Iaquinta, Miley,
Swartzmiller, Talbott, Yost, Schoen and Walters)
[Introduced January 25, 2007; referred to the
Committee on Government Organization.]
A BILL to repeal §30-1A-2a of the Code of West Virginia, 1931, as
amended; and to amend and reenact §30-1A-2, §30-1A-3,
§30-1A-4, §30-1A-5 and §30-1A-6 of said code, all relating to
sunrise law; requiring applications for substantial revision
or expansion of the scope of practice of regulated professions
and occupations; clarifying duties of the Joint Standing
Committee on Government Organization; modifying the criteria
to be considered in the decision to regulate a profession or
occupation; and clarifying the procedure for an acceptance and
denial of an application.
Be it enacted by the Legislature of West Virginia:
That §30-1A-2a of the Code of West Virginia, 1931, as amended,
be repealed; and that §30-1A-2, §30-1A-3, §30-1A-4, §30-1A-5 and
§30-1A-6 of said code be amended and reenacted, all to read as
follows:
ARTICLE 1A. PROCEDURE FOR REGULATION OF OCCUPATIONS AND PROFESSIONS.
§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 who proposes to substantially revise or expand the scope of
practice of a regulated profession or occupation, shall submit an
application for regulation to the Joint Standing Committee on
Government Organization, as set out in
section two-a of this
article.
(b) The Joint Standing Committee on Government Organization
may only accept an application for regulation,
or substantial
revision or expansion of the scope of practice of a professional or
occupational group 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 for which regulation is being
sought.
(b) (c) The completed application shall contain:
(1) A description of the occupational or professional group
proposed for regulation, 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
is
deemed 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 fee
structure conforming with the statutory requirements of financial
autonomy as set out in subsection (c), section six, article one,
chapter thirty of this code;
(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 section twelve, article one, chapter thirty of
this code;
(6) The benefit to the public that would result from the
proposed regulation; and
(7) The cost of the proposed regulation.
§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
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 section two-a
of this article.
(c) The report shall include evaluation and analysis 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
public needs, and can reasonably be expected
to benefit from, an assurance of 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; and
(3) Whether the public can be adequately protected by other
means in a more cost-effective manner.
(d) For an application received after the first day of
December and on or before the first day of June, 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 the thirty-first day of December of that year.
(e) For an application received after the first day of June
and on or before the first day of December, 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 the thirtieth day of June of the next year.
§30-1A-4. Public hearing; committee recommendations and report.
(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 applicant and any other interested party.
(b) The Joint Standing Committee on Government Organization
shall
vote on whether to recommend regulation, or revision or
expansion of the scope of practice, of an occupation or profession,
and report its findings and recommendations
in writing to the next
regular session of the Legislature.
(c) The
written report
by the Joint Standing Committee on
Government Organization to the Legislature shall include
its
findings and state its reasons as to whether regulation, or
revision or expansion of the scope of practice, of an occupation or
profession is necessary.
(d) (1) If the Joint Standing Committee on Government
Organization finds that (1) Whether regulation,
or revision or
expansion of the scope of practice, of
each an occupation or
profession is necessary for the public health,
and safety
and if
regulation is necessary, or welfare of the citizens of this state,
the report shall include 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 recommendations
that the occupation or profession be regulated by any of the
following mechanisms, in whole or in part:
(1) (A) By practice standards, which may include restrictions
established by statute;
(2) (B) By registration, which may include inspections or
other enforcement provisions;
(3) (C) By statutory certification, which may include testing
or assessment of the practitioner's credential or competency;
(4) (D) By supervision by a licensed practitioner, which may
include practice standards, registration or statutory
certification;
or
(5) (E) 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.
(2) If the Joint Standing Committee on Government Organization
finds that regulation, or revision or expansion of the scope of
practice, of an occupation or profession is not necessary, the
report shall include its findings and state its reasons for the
denial, and may include recommendations consistent with the
provisions of this article.
§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, 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
denies an application for regulation, revision or expansion of a
professional or occupational group, any applicant who continues to
propose the regulation, 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 findings and recommendations in the written report by
the Joint Standing Committee on Government Organization to the
Legislature are to be given considerable weight in determining
whether an occupation or profession should be regulated.
NOTE: The purpose of this bill is to revise the sunrise
review process.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
This bill is recommended by the Joint Standing Committee on
Government Organization for passage during the 2007 Regular
Session.
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