Introduced Version
Senate Bill 543 History
OTHER VERSIONS -
Committee Substitute (1)
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 543
(By Senators Snyder and Stollings)
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[Introduced March 15, 2013; referred to the Committee on
Government Organization .]
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A BILL to amend and reenact §30-1A-2 of the Code of West Virginia,
1931, as amended, relating generally to the application for
regulation of professional or occupational group; and
authorizing the Office of the Legislative Auditor to establish
a fee for the application review process.
Be it enacted by the Legislature of West Virginia:
That §30-1A-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1A. PROCEDURE FOR REGULATION OF OCCUPATIONS AND
PROFESSIONS.
§30-1A-2. Required application for regulation of professional or
occupational group; application and reporting dates.
(a) Any professional or occupational group or organization,
any individual or any other interested party which proposes the regulation of any unregulated professional or occupational group or
organization, or who proposes to establish, revise or expand the
scope of practice of a regulated profession or occupation shall
submit an application to the Joint Standing Committee on Government
Organization, as set out in this article.
(b) The Joint Standing Committee on Government Organization
may only accept an application for regulation of a professional or
occupational group or organization, or establishment, revision or
expansion of the scope of practice of a regulated profession or
occupation, when the party submitting an application files with the
committee a statement of support for the proposed regulation which
has been signed by at least ten residents or citizens of the State
of West Virginia who are members of the professional or
occupational group or organization for which regulation is being
sought, or for which establishment, revision or expansion of the
scope of practice of a regulated profession or occupation is being
sought.
(c) The completed application shall contain:
(1) A description of the occupational or professional group or
organization for which regulation is proposed, or for which
establishment, revision or expansion of the scope of practice of a
regulated profession or occupation is proposed, including a list of
associations, organizations and other groups currently representing
the practitioners in this state, and an estimate of the number of practitioners in each group;
(2) A definition of the problem and the reasons why regulation
or establishment, revision or expansion of the scope of practice is
necessary;
(3) The reasons why certification, registration, licensure or
other type of regulation is being requested and why that regulatory
alternative was chosen;
(4) A detailed statement of the proposed funding mechanism to
pay the administrative costs of the regulation or the
establishment, revision or expansion of the scope of practice, or
of the fee structure conforming with the statutory requirements of
financial autonomy as set out in this chapter;
(5) A detailed statement of the location and manner in which
the group plans to maintain records which are accessible to the
public as set out in this chapter;
(6) The benefit to the public that would result from the
proposed regulation or establishment, revision or expansion of the
scope of practice; and
(7) The cost of the proposed regulation or establishment,
revision or expansion of the scope of practice.
(d) The office of the Legislative Auditor is authorized to
establish and charge a graduated fee schedule related to the actual
cost for the review of any application submitted under the
provisions of this article.
__NOTE: The purpose of this bill is to allow the office of the
Legislative Auditor to charge an applicant for a review of a
Sunrise application.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.