H. B. 4482
(By Mr. Speaker, Mr. Kiss)
[Introduced February 16, 2004; referred to the
Committee on Government Organization then Finance.]
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 physician licensing; 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; and exempting a physician holding an
inactive license from the one thousand dollar assessment for
the physicians' mutual insurance company.
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 in, 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.
(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 or
section twelve-b, article fourteen, chapter thirty of this code.
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; and
(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.
NOTE: The purpose of this bill is to provide that retiring
physicians may retain their original wall license instead of
surrendering it to the Board of Medicine. The bill also exempts
physicians holding an inactive license from the $1000 assessment
for the Physicians' Mutual Insurance Company.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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