H. B. 4596
(By Delegates Morgan, Stephens, Argento, Hatfield,
Manypenny, Martin, Swartzmiller, Talbott and Argento)
[Introduced February 22, 2010
; referred to the
Committee on Government Organization.]
A BILL to amend and reenact §16-1-7 of the Code of West Virginia,
1931, as amended; to amend and reenact §30-3-5 of said code;
to amend and reenact §30-16-4 of said code; and to amend and
reenact §30-17-7 of said code, all relating to removing the
Commissioner of the Bureau for Public Health from professional
licensure boards.
Be it enacted by the Legislature of West Virginia:
That §16-1-7 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §30-3-5 of said code be amended and
reenacted; that §30-16-4 of said code be amended and reenacted; and
that §30-17-7 of said code be amended and reenacted, all to read as
follows:
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 1. STATE PUBLIC HEALTH SYSTEM.
§16-1-7. Duties and powers of the commissioner; service on
advisory councils;
boards and commissions; authority to designate a representative to serve in his or her
place on certain boards and commissions.
(a) The commissioner shall serve on the following business,
profession or occupation licensing boards:
(1) The West Virginia Board of Barbers and Cosmetologists;
(2) The West Virginia board of chiropractic examiners;
(3) The West Virginia board of hearing aid dealers;
(4) The West Virginia Board of Medicine;
(5) The West Virginia nursing home administrators licensing
board;
(6) The West Virginia radiologic technology board of
examiners;
(7) The West Virginia board of registration for sanitarians;
and
(8) Any other licensing board or commission as directed by the
secretary.
(b) (a) The commissioner shall serve on the following advisory
councils, boards and commissions:
(1) The Advisory Committee on Cancer (Cancer Registry);
(2) The Advisory Committee on Hemophilia;
(3) The Air Quality Board;
(4) The Appalachian States Low-level Radioactive Waste
Commission;
(5) The Attorney General of West Virginia Public Health Trust;
(6) The Breast and Cervical Cancer Screening Program Advisory Coalition;
(7) The child fatality review team;
(8) The Clinical Laboratories Quality Assurance Act Advisory
Board;
(9) The Childhood Immunization Advisory Committee;
(10) The Early Intervention Coordinating Council;
(11) The Interagency Council on Osteoporosis;
(12) The Jail and Prison Standards Commission;
(13) The Medical Service Fund Advisory Council;
(14) the Nursing Home Licensing Advisory Council;
(15) the Sewage Advisory Board;
(16) the State Emergency Response Commission;
(17) the State Groundwater Coordinating Committee;
(18) The Sudden Infant Death Syndrome Advisory Council;
(19) the Water Development Authority;
(20) the West Virginia Commission for the Deaf and Hard of
Hearing;
(21) the West Virginia Infrastructure and Jobs Development
Council;
(22) The West Virginia Solid Waste Management Board; and
(23) Any other advisory council, board or commission as
assigned by the secretary.
(c) (b) Notwithstanding any other provision of this code to
the contrary, the commissioner may, at his or her discretion,
designate in writing a representative to serve in his or her stead at the meetings and in the duties of all boards and commissions
on
which the commissioner is designated as an ex officio member. The
appropriately designated representative or proxy may act with the
full power and authority of the commissioner in voting, acting upon
matters concerning the public health and welfare and any other
business that is properly the duty of any board or commission, with
the representative serving as proxy for the commissioner at his or
her will and pleasure:
Provided, That the provisions of this
section do not apply to the medical licensing board, the air
quality board or any other board, commission or body on which the
commissioner is
designated by this code as chairman ex officio,
secretary ex officio or any board, commission or body on which the
commissioner is designated by this code as being that person whose
signature must appear on licenses, minutes or other documents
necessary to carry out the intents and purposes of the board,
commission or body.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.
§30-3-5. West Virginia Board of Medicine created; transfer of
powers and duties from medical licensing board;
appointment and terms of members; vacancies; removal.
There is hereby created a medical licensing board to be known
as the "West Virginia Board of Medicine." The West Virginia Board
of Medicine shall assume, carry on and succeed to all the duties, rights, powers, obligations and liabilities heretofore belonging to
or exercised by the Medical Licensing Board of West Virginia. All
the rules and regulations, orders, rulings, licenses, certificates,
permits and other acts and undertakings of the Medical Licensing
Board of West Virginia as heretofore constituted shall continue as
those of the West Virginia Board of Medicine until they expire or
are amended, altered or revoked. The board shall be the sole
authority for the issuance of licenses to practice medicine and
surgery and to practice podiatry and certificates for physician
assistants in this state and shall be a regulatory and disciplinary
body for the practice of medicine and surgery and the practice of
podiatry and for physician assistants in this state.
The board shall consist of fifteen members. One member shall
be the state director of health ex officio, with the right to vote
as a member of the board. The other fourteen members shall be
appointed by the Governor, with the advice and consent of the
Senate. Eight of the members shall be appointed from among
individuals holding the degree of doctor of medicine and two shall
hold the degree of doctor of podiatric medicine. One member shall
be an individual certified by the board as a Type A physician
assistant. Each of these members must be duly licensed or
certified to practice his or her profession in this state on the
date of appointment and must have been licensed or certified and
actively practicing that profession for at least five years
immediately preceding the date of appointment. Three Four lay members shall be appointed to represent health care consumers.
Neither the lay members nor any person of the lay members'
immediate families shall be a provider of or be employed by a
provider of health care services. The State Director of health's
term shall continue for the period that he or she holds office as
State Director of Health. Each other member of the board shall be
appointed to serve a term of five years: Provided, That the
members of the medical licensing board or Board of Medicine holding
appointments on the effective date of this section shall continue
to serve as members of the Board of Medicine until the expiration
of their term unless sooner removed. Each term shall begin on the
first day of October of the applicable year, and a member may not
be appointed to more than two consecutive full terms on the board.
Not more than four physicians, one podiatrist and two lay
members appointed by the Governor as members of the board shall
belong to the same political party. The Type A physician assistant
member may not belong to the same political party to which a
majority of the lay members belong. A person is not eligible for
membership on the board who is a member of any political party
executive committee or, with the exception of the state director of
health, who holds any public office or public employment under the
federal government or under the government of this state or any
political subdivision thereof or who is an appointee or employee of
the state board of health.
In making appointments to the board, the Governor shall, so far as practicable, select the members from different geographical
sections of the state. When a vacancy on the board occurs and less
than one year remains in the unexpired term, the appointee shall be
eligible to serve the remainder of the unexpired term and two
consecutive full terms on the board.
No member may be removed from office except for official
misconduct, incompetence, neglect of duty or gross immorality:
Provided, That the expiration or revocation of the professional
license or certification of a member of the board shall be cause
for removal.
ARTICLE 16. CHIROPRACTORS.
§30-16-4. West Virginia Board of Chiropractic; establishment and
composition.
(a) The board known as the "West Virginia Board of
Chiropractic" is continued. It is composed of the director of
health, ex officio, three licensed chiropractors and one person two
persons to represent the interest of the public. All shall be
appointed by the Governor, by and with the advice and consent of
the Senate from a list of three names recommended by the West
Virginia chiropractic society, incorporated. Each chiropractic
member of the board shall have been a resident of and engaged in
the active practice of chiropractic in the state for a period of at
least five years preceding his or her appointment.
(b) On July 1, 1998, there shall be appointed, as provided in this section, one chiropractic member for a three-year term. As
existing chiropractic board members' terms expire, newly appointed
chiropractic board members shall be appointed for a term of office
of three years. No member may serve more than two full consecutive
three-year terms. When a vacancy in the membership of the board
occurs for any cause other than the expiration of a term, the
Governor shall appoint from a list of three names recommended by
West Virginia chiropractic society, incorporated, a successor as a
member of the board to fill the unexpired portion of the term of
office of the member whose office has been vacated.
(c) The Governor may remove any member of the board in case of
incompetency, neglect of duty, gross immorality or malfeasance in
office.
(d) The board shall conduct a training program to be held
annually to familiarize new board members with their duties.
(e) Each member of the board shall receive an amount not to
exceed the same compensation as is paid to members of the
Legislature for their interim duties as recommended by the citizens
legislative compensation commission and authorized by law for each
day or substantial portion thereof that he or she is engaged in the
work of the board or of its committees, and shall be reimbursed for
all actual and necessary expenses incurred in carrying out his or
her duties.
ARTICLE 17. SANITARIANS.
§30-17-7. Board of Registration for Sanitarians.
A board for the registration and examination of sanitarians
and sanitarians-in-training is hereby established to be known as
the Board of Registration for Sanitarians. The board shall consist
of the commissioner of the bureau of public health, who shall be
a nonvoting, ex officio member and the secretary of the board, and
five registered sanitarians to be appointed by the Governor, by and
with the advice and consent of the Senate. Each member appointed
by the Governor shall have been engaged in active practice as a
registered sanitarian in this state for at least five years prior
to his or her appointment, and except in the case of the original
members of the board, shall have been registered in this state as
a registered sanitarian.
NOTE: The purpose of this bill is to remove the Commissioner
for the Bureau for Public Health from professional licensure
boards.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.