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Engrossed Version Senate Bill 564 History

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

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 564

(By Senators Tomblin, Mr. President, Minard, Sharpe, Snyder, Kessler, Weeks, Minear, Guills, Bailey, Hunter, Ross, Dempsey and Caldwell)

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[Originating in the Committee on the Judiciary;

reported March 1, 2004.]

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A BILL to amend and reenact §30-3-12 of the code of West Virginia, 1931, as amended; and to amend and reenact §33-20F-7 of said code, all relating to permitting a physician who allows his or her medical license to expire upon retirement to retain the original wall license issued by the board of medicine; exempting a physician holding an inactive license from payment of the assessment required for the physicians' mutual insurance company; board of medicine and board of osteopathy to notify physicians of payment of assessment; time for payment; physician may file for exemption; failure to pay assessment by the thirtieth day of June, two thousand four; suspension of license; reinstatement of license upon payment to the appropriate licensing board; and sunset provision.

Be it enacted by the Legislature of West Virginia:
That §30-3-12 of the code of West Virginia, 1931, as amended, be amended and reenacted; and that §33-20F-7 of said code be amended and reenacted, all to read as follows:
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.

ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.
§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, but is not actually practicing medicine and surgery or podiatry, in this state. A physician or podiatrist holding an inactive license shall 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 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) When a physician or podiatrist allows a license to expire because the physician or podiatrist is permanently retiring from the practice of medicine, the board shall permit the physician or podiatrist to retain the original wall license he or she was issued by the board.

CHAPTER 33. INSURANCE.


ARTICLE 20F. PHYSICIANS' MUTUAL INSURANCE COMPANY.
§33-20F-7. Initial capital and surplus; special assessment; failure to pay assessment by a date certain; suspension of license; reinstatement.

(a) There is hereby created in the state treasury a special revenue account designated as the "Board of Risk and Insurance Management Physicians' Mutual Insurance Company Account" solely for the purpose of receiving moneys transferred from the West Virginia tobacco medical trust fund pursuant to subsection (c), section two, article eleven-a, chapter four of this code for the company's use as initial capital and surplus.
(b) On the first day of July, two thousand three, a special one-time assessment, in the amount of one thousand dollars, shall be imposed on every physician licensed by the board of medicine or by the board of osteopathy for the privilege of practicing medicine in this state: Provided, That the following physicians shall be exempt from the assessment:
(1) A faculty physician who meets the criteria for full-time faculty under subsection (f), section one, article eight, chapter eighteen-b of this code who is a full-time employee of a school of medicine or osteopathic medicine in this state and who does not maintain a private practice;
(2) A resident physician who is a graduate of a medical school or college of osteopathic medicine enrolled and who is participating in an accredited full-time program of post-graduate medical education in this state;
(3) A physician who has presented suitable proof that he or she is on active duty in armed forces of the United States and who will not be reimbursed by the armed forces for the assessment;
(4) A physician who receives more than fifty percent of his or her practice income from providing services to federally qualified health center as that term is defined in 42 U. S. C. §1396d(l)(2); and
(5) A physician who practices solely under a special volunteer medical license authorized by section ten-a, article three, chapter thirty of this code or section twelve-b, article fourteen of said chapter. The assessment is to be imposed and collected by the board of medicine and the board of osteopathy on forms prescribed by each licensing board.
(6) A physician holding an inactive license until such time the physician is issued an active license.
(c) The entire proceeds of the special assessment collected pursuant to subsection (b) of this section shall be dedicated to the company. The board of medicine and the board of osteopathy shall promptly pay over to the company all amounts collected pursuant to this section to be used as policyholder surplus for the company.
(d) Any physician who applies to purchase insurance from the company and who has not paid the assessment pursuant to subsection (b) of this section shall pay one thousand dollars to the company as a condition of obtaining insurance from the company.
(e) Within twenty days of the enactment of this section, the board of medicine or the board of osteopathy shall give written notice, by certified mail to the last known address given to the boards, to physicians of the requirement that the assessment shall be paid by the thirtieth day of June, two thousand four. Prior to that date any physician may file with his or her respective board a request for an exemption pursuant to this section or pay the assessment. The board of medicine or the board of osteopathy shall, if the physician is not otherwise exempt, suspend the license of any physician who has failed to pay the assessment required under this section within the time stated in this section. Upon payment of the required assessment by the physician to the appropriate board, the physician's license shall be reinstated.
(f) The board of risk and insurance management physicians' mutual insurance company account shall continue to exist until the first day of July, two thousand six, unless sooner terminated, continued or reestablished pursuant to the provisions of article ten, chapter four of this code.
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