Senate Bill No. 228
(By Senator Manchin)
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[Introduced March 1, 1993; referred to the
Committee on Health and Human Resources; and then
to the Committee on the Judiciary.]
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A BILL to amend and reenact section sixteen, article nine,
chapter sixty-four of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
authorizing the board of medicine to promulgate legislative
rules relating to certification, disciplinary and complaint
procedures and continuing education of physician assistants.
Be it enacted by the Legislature of West Virginia:
That section sixteen, article nine, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted, to read as follows:
ARTICLE 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND BOARDS
TO PROMULGATE LEGISLATIVE RULES.
§64-9-16. Board of medicine.
(a) The legislative rules filed in the state register on the
twelfth day of May, one thousand nine hundred eighty-three,
relating to the board of medicine (licensing, disciplinary and
complaint procedures; podiatry; physicians assistants), areauthorized with the modifications set forth below:
"§24.12.
(b) It shall be the responsibility of the supervising
physician to obtain consent in writing from the patient before
Type A physician assistants employed in a satellite clinic may
render general medical or surgical services, except in
emergencies.
§24.16.
(a) No physician assistant shall render nonemergency
outpatient medical services until the patient has been informed
that the individual providing care is a physician assistant."
(b) The legislative rules filed in the state register on the
twenty-sixth day of November, one thousand nine hundred eighty-
five, modified by the board of medicine to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the seventeenth day of January, one thousand
nine hundred eighty-six, relating to the board of medicine
(licensing, disciplinary and complaint procedures; podiatry;
physicians assistants), are authorized.
(c) The legislative rules filed in the state register on the
eighth day of March, one thousand nine hundred eighty-five,
modified by the West Virginia board of medicine to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the eighteenth day of December,
one thousand nine hundred eighty-five, relating to the West
Virginia board of medicine (rules governing the approval of
medical schools not accredited by the liaison committee onmedical education), are authorized.
(d) The legislative rules filed in the state register on the
third day of June, one thousand nine hundred eighty-seven,
relating to the board of medicine (fees for services rendered by
the board of medicine), are authorized.
(e) The legislative rules filed in the state register on the
sixteenth day of September, one thousand nine hundred eighty-
eight, modified by the board of medicine to meet the objections
of the legislative rule-making review committee and refiled in
the state register on the twenty-fourth day of February, one
thousand nine hundred eighty-nine, relating to the board of
medicine (dispensing of legend drugs by physicians and
podiatrists), are authorized with the following amendments:
Section 2.6 to read as follows: "Dispense means to deliver
a legend drug to an ultimate user or research subject by or
pursuant to the lawful order of a physician or podiatrist,
including the prescribing, packaging, labeling, administering or
compounding necessary to prepare the drug for that delivery."
And,
Section 3.3 to read as follows: "Physicians or podiatrists
who are not registered with the Board as dispensing physicians
may not dispense legend drugs. However, the following activities
by a physician or podiatrist shall be exempt from the
requirements of sections 3 through 8 applicable to dispensing
physicians:
a. Legend drugs administered to the patient, which are not
controlled substances when an appropriate record is made in thepatient's chart;
b. Professional samples distributed free of charge by a
physician or podiatrist or certified physician assistant under
his or her supervision to the patient when an appropriate record
is made in the patient's chart; or
c. Legend drugs which are not controlled substances
provided by free clinics or under West Virginia state authorized
programs, including the Medicaid, family planning, maternal and
child health, and early and periodic screening and diagnosis and
treatment programs:
Provided, That all labeling provisions of
section 8 shall be applicable except the requirements of section
8.3 (a)."
(f) The legislative rules filed in the state register on the
tenth day of August, one thousand nine hundred ninety, modified
by the board of medicine to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the first day of October, one thousand nine hundred
ninety, relating to the board of medicine (fees for services
rendered by the board of medicine), are authorized.
(g) The legislative rules filed in the state register on the
tenth day of August, one thousand nine hundred ninety, modified
by the board of medicine to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the eleventh day of January, one thousand nine
hundred ninety-one, relating to the board of medicine (licensing
and disciplinary and complaint procedures: physicians;
podiatrists), are authorized.
(h) The legislative rules filed in the state register on the
tenth day of August, one thousand nine hundred ninety, modified
by the board of medicine to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the eleventh day of January, one thousand nine
hundred ninety-one, relating to the board of medicine
(certification, disciplinary and complaint procedures: physician
assistants), are authorized.
(i) The legislative rules filed in the state register on the
tenth day of July, one thousand nine hundred ninety-one, modified
by the board of medicine to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the third day of September, one thousand nine hundred
ninety-one, relating to the board of medicine (continuing
education for physicians and podiatrists), are authorized.
(j) The legislative rules filed in the state register on the
seventeenth day of September, one thousand nine hundred
ninety-two, modified by the board of medicine to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the sixteenth day of November,
one thousand nine hundred ninety-two, relating to the board of
medicine (certification, disciplinary and complaint procedures,
continuing education, physician assistants), are authorized.
NOTE: The purpose of this bill is to authorize the Board of
Medicine to promulgate legislative rules relating to
certification, disciplinary and complaint procedures and
continuing education of physician assistants.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.