HB 4209 Text

ENGROSSED
H. B. 4209

(By Delegates P. White, Riggs, Martin, Everson,
Bennett and Gallagher)
[Introduced January 28, 1994; referred to the
Committee on Health and Human Resources.]

A BILL to amend and reenact section thirteen, article three, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to unauthorized practice of medicine and surgery, podiatry or physicians assistants; criminal penalties; and limitations.

Be it enacted by the Legislature of West Virginia:

That section thirteen, article three, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.

§ 30 - 3 - 13. Unauthorized practice of medicine and surgery or podiatry; criminal penalties; limitations.

(a) A person shall not engage in the practice of medicine and surgery or podiatry, hold himself or herself out as qualified to practice medicine and surgery or podiatry or use any title, word or abbreviation to indicate to or induce others to believe that he or she is licensed to practice medicine and surgery or podiatry in this state unless he or she is actually licensed under the provisions of this article. No person may practice as a physician's assistant, hold himself or herself out as qualified to practice as a physician's assistant, or use any title, word or abbreviation to indicate to or induce others to believe that he or she is licensed to practice as a physician's assistant in this state unless he or she is actually licensed under the provisions of this article. Any person who violates the provisions of this subsection is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than ten thousand dollars, or imprisoned in the county jail not more than twelve months, or both fined and imprisoned.

(b) The provisions of this section do not apply to:
(1) Persons who are duly licensed health care providers under other pertinent provisions of this code and are acting within the scope of their license;
(2) Physicians or podiatrists licensed in other states or foreign countries who are acting in a consulting capacity with physicians or podiatrists duly licensed in this state, for a period of not more than three months;
(3) Persons holding licenses granted by another state or foreign country who are commissioned medical officers of, a member of or employed by the armed forces of the United States, the United States public health service, the veterans' administration of the United States, any federal institution or any other federal agency while engaged in the performance of their official duties;
(4) Any person providing first-aid care in emergency situations;
(5) The practice of the religious tenets of any recognized church in the administration of assistance to the sick or suffering by mental or spiritual means;
(6) Visiting medical faculty engaged in teaching or research duties at a medical school or institution recognized by the board and who are in this state for periods of not more than six months: Provided, That such individuals do not otherwise engage in the practice of medicine or podiatry outside of the auspices of their sponsoring institutions;
(7) Persons enrolled in a school of medicine approved by the liaison committee on medical education or by the board, or persons enrolled in a school of podiatric medicine approved by the council of podiatry education or by the board, or persons enrolled in an undergraduate or graduate physician assistant program approved by the committee on allied health education and accreditation on behalf of the American Medical Association or by the board, or engaged in graduate medical training in a program approved by the liaison committee on graduate medical education or the board or engage in graduate podiatric training in a program approved by the council on podiatric medical education or by the board, who are performing functions in the course of training.
(8) The fitting, recommending or sale of corrective shoes, arch supports or similar mechanical appliances in commercial establishments; and
(9) The fitting or sale of a prosthetic or orthotic device not involving any surgical procedure, in accord with a prescription of a physician, osteopathic physician, or where chiropractors or podiatrists are authorized by law to prescribe such a prosthetic or orthotic device, in accord with a prescription of a chiropractor or podiatrist, by a practitioner or registered technician certified by the American Board for Certification of Orthotics and Prosthetics in either prosthetics or orthotics: Provided, That the sale of any such prosthetic or orthotic device by a partnership, proprietorship or corporation which employs such a practitioner or registered technician who fitted such prosthetic or orthotic device shall not constitute the unauthorized practice of medicine: Provided, however, That such practitioner or registered technician may, without a prescription, make recommendation solely to a physician or osteopathic physician or to a chiropractor or podiatrist otherwise authorized by law to prescribe a particular prosthetic or orthotic device, regarding any prosthetic or orthotic device to be used for a patient upon a request for such recommendation.
(c) This section shall not be construed as being in any way a limitation upon the services of a physician's assistant performed in accordance with the provisions of this article.

Print On Demand