SB292 S H&HR AM #1

Johnson 7909

    The Committee on Health and Human Resources moved to amend the bill on page three, section two, after line four, by inserting a new subsection, designated subsection 2.4., to read as follows:

    2.4. “Board Education Committee” means the committee appointed by the Board President to review and recommend action on continuing education matters and to review an application to add an expanded therapeutic procedure or class of procedures.;

    And renumbering the remaining subsections;

    On page three, section two, after line sixteen by inserting a new subsection, designated subsection 2.7., to read as follows:

    2.7. “Rules Officer” means the officer appointed by the Board President to supervise the development of the rules and policies of the Board.;

    On pages seven and eight, section six, by striking out all of subsections 6.4. and 6.5.;

    On page eight, section six, after line twenty-one, by inserting three new sections, designated sections seven, eight and nine, to read as follows:

§14-12-7. Public Hearing.

    7.1. The Board shall hold a public hearing regarding the recommendation of the Board's Education Committee if the Board's Education Committee recommends that the proposed therapeutic procedure or class of procedures be approved. The purpose of the public hearing is to determine whether the documentation reviewed and gathered by the Board's Education Committee is sufficient to prove that the expanded therapeutic procedure is currently being taught at fifty percent or more of all accredited optometry schools.

    7.2. The Board shall allow those members of the public who wish to speak solely to the sufficiency of the documentation submitted by the applicant and evidence gathered by the Board's Education Committee.

    7.3. If, after the public hearing and review of the recommendation, the Board determines that the documentation and evidence is sufficient to demonstrate that fifty percent (50%) or more of all accredited optometry schools currently teach the expanded therapeutic procedure, the Board shall approve the application. If the Board determines that the documentation and evidence is not sufficient to demonstrate that fifty percent (50%) or more of all accredited optometry schools currently teach the expanded therapeutic procedure, the board shall reject the application.

§14-12-8. Board Rules Officer.

    8.1. The Board President may appoint a rules officer to supervise the development of the rules or policies of the Board.

    8.2. The Rules Officer may prepare a report to the Board on a rule or policy, if required, for a proposed procedure or class of procedures. The recommendation shall include measures to ensure the safety of the public.

§14-12-9. Action of the Board on Proposed Rule or Policy.  

    9.1. The Board shall vote to accept, reject or modify the recommendation of the Rules Officer on the proposed rule or policy.

    9.2. The Board shall submit any expanded therapeutic procedure on an application for a sunrise review by the Performance Evaluation Division of the Legislative Auditor's Office, in conformance with W.Va. Code §30-1A-2, before it is filed with the Legislative Rule Making Review Committee. The Board shall confirm that each therapeutic procedure is actually performed as taught through clinical educational and treatment training by optometry students in at least fifty percent (50%) of all optometry schools accredited by the Accreditation Council on Optometric Education or its successor organization.;

    And renumbering the remaining sections and subsections;

    On page nine, section seven, after line four, by inserting a new subsection, designated subsection 10.2., to read as follows:

    10.2. The Board's Education Committee shall review the list of expanded therapeutic procedures or class of procedures that have been approved pursuant to this process not less than once every two years. In such review, the Board shall verify that each expanded therapeutic procedure or class of procedures are still taught at fifty percent (50%) or more of all accredited optometry schools. If, upon such review, the Board finds that any expanded therapeutic procedure or class of procedures is not taught at fifty percent (50%) or more of all accredited optometry schools, the Board shall remove the expanded therapeutic procedure or class of procedures from the list of approved expanded therapeutic procedures.;

    On page twelve, section twelve, line sixteen, after the word “procedure.”, by striking out the remainder of the subsection;

    And,

    On page twelve, section twelve, after line seventeen, by inserting a new section, designated section sixteen, to read as follows:

§14-12-16. Reporting.

    16.1. Any adverse outcome shall be reported to the Board by the certificate holder.

Adopted

Rejected