WEST virginia legislature

2017 regular session

Committee Substitute

for

House Bill 2359

By Delegate Arvon

[Introduced February 13, 2017; Referred to the Committee on Health and Human Resources then the Judiciary.]

A BILL to amend and reenact §30-14-12 of the Code of West Virginia, 1931, as amended, relating to offenses and penalties for practicing osteopathic medicine without a license; and creating a felony crime of practicing or attempting to practice osteopathic medicine without a license or permit and providing criminal penalties.

Be it enacted by the Legislature of West Virginia:

That §30-14-12 of the Code of West Virginia 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 14. OSTEOPATHIC PHYSICIANS AND SURGEONS.                                              

§30-14-12. Offenses; penalties.

(a) Each of the following acts shall constitute a misdemeanor, punishable upon conviction by a fine of not less than one thousand nor more than $10,000:

(a) The practice or attempting to practice as an osteopathic physician and surgeon without a license or permit;

(b) (1) The obtaining of or an attempt to obtain a license or permit to practice in the profession for money or any other thing of value, by fraudulent misrepresentation;

(c) (2) The making of any willfully false oath or affirmation whenever an oath or affirmation is required by this article; and

(d) (3) Advertising, practicing or attempting to practice under a name other than one's own.

(b) Any person who practices or attempts to practice osteopathic medicine without a license or permit is guilty of a felony and, upon conviction, shall be fined not more than $10,000, or imprisoned in a correctional facility for not less than one year nor more than five years, or both fined and imprisoned.

NOTE: The purpose of this bill is to align the criminal penalties of practicing osteopathic medicine with those of practicing allopathic medicine.

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