Introduced Version House Bill 4036 History

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H. B. 4036

(By Delegate Morgan)
[Introduced January 11, 2008; referred to the
Committee on Government Organization.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-34-6a; and to amend and reenact §30-34-9 of said code, all relating to the respiratory care board.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §30-34-6a; and that §30-34-9 of said code be amended and reenacted, all to read as follows:
§30-34-6a. Rulemaking authority.
(a) The board shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article, including:
(1) Standards and requirements for licensure and permits to practice respiratory care;
(2) Procedures for examination and reexamination;
(3) Educational and experience requirements;
(4) Standards for approval of courses;
(5) Procedures for the issuance and renewal of licences and temporary permits;
(6) A fee schedule;
(7) Continuing education requirements for licensees;
(8) The procedure for denying, suspending, revoking, reinstating or limiting the practice of a licensee or permittee;
(9) Requirements for inactive or revoked licensees or temporary permits; and
(10) Any other rules necessary to effectuate the provisions of this article.
(b) All rules in effect on the effective date of this article shall remain in effect until they are amended or repealed and references to provisions of former enactments of this act are interpreted to mean provisions of this article.
§30-34-9. Temporary permits.
Upon payment of the proper fee the board may issue a temporary permit to practice respiratory care for a period of six months under the following conditions:
(a) The applicant is currently practicing, or has practiced within the last twelve months in another state, territory or country, and is completing the requirements for licensing in this state: Provided, That the applicant provides written evidence, verified by oath of that practice;
(b) The applicant is a graduate of a respiratory care educational program and is scheduled to take the next available examination, or is awaiting the results of that examination: Provided, That the temporary permit shall be revoked in the event that the applicant does not achieve a passing score on the entry level technician examination.
(b) The applicant is a student of a respiratory care program and has submitted all required documentation and completed the required course work as provided in rule.

NOTE: The purpose of this bill is to grant the board of Respiratory Care Practitioners rulemaking authority and the issuance of temporary permits to students.

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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