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Introduced Version House Bill 2961 History

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Key: Green = existing Code. Red = new code to be enacted
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.
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