WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
Enrolled Committee Substitute for Senate Bill 714
By Senators Takubo and Deeds [Passed March 6, 2024; in effect 90 days from passage]
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1 AN ACT to amend and reenact §30-1D-1 of the Code of West Virginia, 1931, as amended; to
2 amend and reenact §30-3-1, §30-3-2, §30-3-4, §30-3-5, §30-3-6, §30-3-7, §30-3-8, §30-3-
3 9, §30-3-10, §30-3-11, §30-3-11a, §30-3-12, §30-3-13, §30-3-13a, §30-3-15, §30-3-16,
4 §30-3-17, and §30-3-18 of said code; to amend said code by adding thereto three new
5 sections, designated §30-3-10b, §30-3-21, and §30-3-22; to repeal §30-3-7a, §30-3-11b,
6 and §30-3-11c of said code; to amend said code by adding thereto a new article,
7 designated §30-3G-1, §30-3G-2, §30-3G-3, §30-3G-4, §30-3G-5, §30-3G-6, §30-3G-7,
8 §30-3G-8, §30-3G-9, §30-3G-10, §30-3G-11, and §30-3G-12; to amend and reenact §30-
9 14-3 of said code; and to amend said code by adding thereto two new sections, designated
10 §30-14-18 and §30-14-19, all relating to professionals to be licensed by the West Virginia
11 Board of Medicine; requiring criminal background checks of any applicant for a license to
12 engage in genetic counseling; making legislative findings; including osteopathic
13 physicians within the purpose of a certain article; defining terms; providing that the West
14 Virginia Board of Medicine (Board) will be reconstituted effective January 1, 2025;
15 providing that the Board is to assume, carry on, and succeed to all of the duties, rights,
16 powers, obligations, and liabilities previously belonging to, or exercised by, the West
17 Virginia Board of Osteopathic Medicine effective January 1, 2025; stating the powers and
18 duties of the Board; providing for Board membership; providing that the Board may call
19 emergency meetings; exempting the Board from certain Purchasing Division
20 requirements; repealing certain provisions pertaining to radiologist assistants; providing for
21 certain use of electronic signatures; providing for the creation of a complaint file that is
22 separate from and in addition to a licensee's historical record; providing requirements for
23 licensure to practice medicine and surgery; providing for certain special license types;
24 providing that certain endorsement and temporary-license requirements also apply to
25 osteopathic physicians; providing for a license to practice administrative medicine;
26 repealing certain provisions relating to the practice of medicine and surgery in certain
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27 nursing homes; repealing certain provisions pertaining to administrative medicine
28 licenses; providing for the renewal of physician licenses; prohibiting certain practices;
29 clarifying that osteopathic physicians may also practice telemedicine; providing that a
30 medical corporation formed outside of this state for the purpose of engaging in medical
31 acts through one or more licensed physician assistants may receive a certificate of
32 authorization; providing for the issuance of educational permits; providing that certain
33 provisions shall not apply to the practice of osteopathic medicine and surgery prior to
34 January 1, 2025; requiring the development of a transition plan; providing for the transfer of
35 certain special revenue funds; providing for the Board's special revenue fund; requiring
36 persons to possess a valid license prior to practicing genetic counseling; providing
37 licensure requirements for genetic counseling; stating the duties and powers of the Board
38 with regard to genetic counseling; providing for the practice of ACS and ABGC permittees;
39 authorizing the Board to promulgate rules for legislative approval; providing for the
40 expiration, renewal, and reinstatement of licenses to practice genetic counseling; setting
41 certain continuing-education requirements; setting a genetic counselor's scope of practice;
42 providing for disciplinary proceedings involving genetic counselors; authorizing the Board
43 or the Attorney General to seek certain injunctive relief; requiring certain reports from
44 health care facilities; prohibiting any genetic counselor or ACS permittee to represent that
45 he or she is a licensed physician and providing that any person who violates that
46 prohibition is guilty of a felony and, upon conviction, shall be imprisoned for not less than
47 one nor more than two years, or be fined not more than $2,000, or both find and
48 imprisoned; allowing members of the current West Virginia Board of Osteopathic Medicine
49 to serve three consecutive terms; terminating the West Virginia Board of Osteopathic
50 Medicine effective December 31, 2024; providing that the West Virginia Board of
51 Osteopathic Medicine shall transfer any and all of its remaining functions to the Board
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51 effective January 1, 2025; setting forth additional provisions pertaining to the transfer; and
52 requiring the development and implementation of a transition plan.
Be it enacted by the Legislature of West Virginia:
ARTICLE 1D. PROVISIONS AFFECTING CERTAIN BOARDS OF LICENSURE.
§30-1D-1. Criminal background checks required of new applicants.
1 (a) This article shall be known as "Lynette’s Law."
2 (b) The requirements in subsection (c) of this section for criminal background checks apply
3 to those persons applying to be licensed in West Virginia for the first time by the boards governing
4 licensing under the following sections: §30-3-10, §30-3E-4, §30-3G-5; §30-4-8; §30-5-9; §30-7-6;
5 §30-7A-3; §30-8-8; §30-10-8; §30-14-4; and §30-21-7.
6 (c) A person applying for licensing to a board listed in subsection (b) of this section must
7 submit to a state and national criminal history record check, as set forth in this subsection:
8 Provided, That an applicant for a license who is an attorney at law may submit a letter of good
9 standing from the Clerk of the Supreme Court of Appeals of West Virginia in lieu of submitting to a
10 state and national criminal history record check.
11 (1) This requirement is found not to be against public policy.
12 (2) The criminal history record check shall be based on fingerprints submitted to the West
13 Virginia State Police or its assigned agent for forwarding to the Federal Bureau of Investigation.
14 (3) The applicant shall meet all requirements necessary to accomplish the state and
15 national criminal history record check, including:
16 (A) Submitting fingerprints for the purposes set forth in this subsection; and
17 (B) Authorizing the board, the West Virginia State Police, and the Federal Bureau of
18 Investigation to use all records submitted and produced for the purpose of screening the applicant
19 for a license.
20 (4) The results of the state and national criminal history record check may not be released
21 to or by a private entity except:
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22 (A) To the individual who is the subject of the criminal history record check;
23 (B) With the written authorization of the individual who is the subject of the criminal history
24 record check; or
25 (C) Pursuant to a court order.
26 (5) The criminal history record check and related records are not public records for the
27 purposes of §29B-1-1, et seq. of this code.
28 (6) The applicant shall pay the actual costs of the fingerprinting and criminal history record
29 check.
30 (d) Before implementing the provisions of this subsection, the board shall propose rules for
31 legislative approval in accordance with §29A-3-1 of this code. The rules shall set forth the
32 requirements and procedures for the criminal history check and must be consistent with standards
33 established by the Federal Bureau of Investigation and the National Crime Prevention and Privacy
34 Compact as authorized by 34 U.S.C.S. § 40311 et seq.
ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.
§30-3-1. Legislative findings.
1 The Legislature hereby finds and declares that the practice of allopathic, osteopathic,
2 and/or podiatric medicine and surgery is a privilege and not a natural right of individuals. As a
3 matter of public policy, it is necessary to protect the public interest through enactment of this article
4 and to regulate the granting of such privileges and their use.
§30-3-2. Purpose.
1 The purpose of this article is to provide for the licensure and professional discipline of
2 allopathic physicians and podiatrists and for the licensure and professional discipline of physician
3 assistants and to provide a professional environment that encourages the delivery of quality
4 medical services within this state. Effective January 1, 2025, the purpose of this article shall also
5 apply to the licensure and professional discipline of osteopathic physicians.
§30-3-4. Definitions.
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1 As used in this article:
2 "ACGME" means the Accreditation Council of Graduate Medical Education.
3 "Accredited osteopathic medical school" means a college of osteopathic medicine and
4 surgery which requires as a minimum prerequisite for admission preprofessional training of at
5 least two years of academic work in specified scientific subjects, as prescribed by the board or by
6 the Commission on Osteopathic College Accreditation (COCA), in an accredited college of arts
7 and sciences and which requires for graduation a course of study approved by the board in
8 accordance with the minimum standards established by the COCA.
9 "AOA" means the American Osteopathic Association.
10 "APMLE" means the American Podiatric Medical Licensing Examination.
11 "Approved graduate medical education" means education received through: (1) an
12 internship, residency, or clinical fellowship program conducted in the United States and accredited
13 by either the ACGME or AOA; or (2) a residency program conducted in Canada and accredited by
14 RCPSC.
15 "Approved medical school" means an allopathic school of medicine approved by the LCME
16 or the board and which confers the degree of medical doctor or its equivalent upon graduation.
17 "Board" means the West Virginia Board of Medicine established in §30-3-5 of this code.
18 "COMLEX-USA" means the Comprehensive Osteopathic Medical Licensing Examination
19 of the United States.
20 "ECFMG" means the Educational Commission for Foreign Medical Graduates.
21 "LCME" means the Liaison Committee on Medical Education.
22 "License" means the legal authorization issued by the board to a fully qualified allopathic
23 physician or osteopathic physician to engage in the regular practice of medicine and surgery. A
24 license may also be issued by the board to a fully qualified podiatrist to engage in the practice of
25 podiatric medicine and surgery, and to fully qualified physician assistants who practice in
26 collaboration with physicians licensed under this article.
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27 "Medical peer review committee" means a committee of, or appointed by, a state or local
28 professional medical society, or a committee of, or appointed by, a medical staff of a licensed
29 hospital, long-term care facility, or other health care facility, or any health care peer review
30 organization as defined in §30-3C-1 et seq. of this code, or any other organization of professionals
31 in this state formed pursuant to state or federal law and authorized to evaluate medical and health
32 care services.
33 "Medicine and surgery" means the practice of allopathic medicine and surgery. Effective
34 January 1, 2025, except where specifically limited, "medicine and surgery" means the practice of
35 allopathic and osteopathic medicine and surgery.
36 "Osteopathic medicine and surgery" means a complete system of medical care with a
37 philosophy that combines the needs of the patient with the current practice of medicine, surgery,
38 and obstetrics; that emphasizes the concept of body unity, the interrelationship between structure
39 and function; and that has an appreciation of the body's ability to heal itself.
40 "Practice of medicine and surgery" means the diagnosis or treatment of, or operation or
41 prescription for, any human disease, pain, injury, deformity or other physical or mental condition.
42 "Surgery" includes the use on humans of lasers, ionizing radiation, pulsed light, and
43 radiofrequency devices. The provisions of this section do not apply to any person who is a duly
44 licensed health care provider under other pertinent provisions of this code and who is acting within
45 the scope of his or her license.
46 "Practice of podiatry" means the examination, diagnosis, treatment, prevention and care of
47 conditions and functions of the human foot and ankle by medical, surgical, and other scientific
48 knowledge and methods; with surgical treatment of the ankle authorized only when a podiatrist
49 has been granted privileges to perform ankle surgery by a hospital's medical staff credentialing
50 committee based on the training and experience of the podiatrist; and medical and surgical
51 treatment of warts and other dermatological lesions of the hand which similarly occur in the foot.
52 When a podiatrist uses other than local anesthesia, in surgical treatment of the foot, the
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53 anesthesia must be administered by, or under the direction of, an anesthesiologist or certified
54 registered nurse anesthetist authorized under the State of West Virginia to administer anesthesia.
55 A medical evaluation shall be made by a physician of every patient prior to the administration of
56 other than local anesthesia.
57 "Practice credential" or "credential" means any permit, certification, registration, or
58 authorization, other than a license, issued by this Board which authorizes the credential holder to
59 practice allopathic, osteopathic, or podiatric medicine and surgery, or to practice as a physician
60 assistant, to patients in West Virginia within the limits established for the specific credential type.
61 "RCPSC" means the Royal College of Physicians and Surgeons of Canada.
62 "USMLE" means the United States Medical Licensing Examination.
63 "State health officer" means the commissioner for the Bureau for Public Health or his or her
64 designee, which officer or designee shall be a physician and shall act as secretary of the board
65 and shall carry out any and all responsibilities assigned in this article to the secretary of the board.
§30-3-5. West Virginia Board of Medicine powers and duties continued; appointment and terms of members; vacancies; removal.
1 (a) The West Virginia Board of Medicine has assumed, carried on, and succeeded to all the
2 duties, rights, powers, obligations, and liabilities heretofore belonging to or exercised by the
3 Medical Licensing Board of West Virginia. All the rules, orders, rulings, licenses, certificates,
4 permits, and other acts and undertakings of the Medical Licensing Board of West Virginia as
5 heretofore constituted have continued as those of the West Virginia Board of Medicine until they
6 expired or were amended, altered, or revoked. The board remains the sole authority for the
7 issuance of licenses to practice allopathic medicine and surgery and podiatry, and to practice as
8 physician assistants in this state in collaboration with physicians licensed under this article. The
9 board shall continue to be a regulatory and disciplinary body for the practice of medicine and
10 surgery, the practice of podiatry, and for physician assistants in this state.
11 (b) Until January 1, 2025, the board shall consist of 15 members. One member shall be the
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12 state health officer ex officio, with the right to vote as a member of the board. The other 14
13 members shall be appointed by the Governor, with the advice and consent of the Senate. Eight of
14 the members shall be appointed from among individuals holding the degree of doctor of medicine,
15 and one shall hold the degree of doctor of podiatric medicine. Two members shall be physician
16 assistants licensed by the board. Each of these members must be duly licensed to practice his or
17 her profession in this state on the date of appointment and must have been licensed and actively
18 practicing that profession for at least five years immediately preceding the date of appointment.
19 Three lay members shall be appointed to represent health care consumers. Neither the lay
20 members nor any person of the lay members’ immediate families shall be a provider of or be
21 employed by a provider of health care services. The state health officer’s term shall continue for
22 the period that he or she holds office as state health officer. Each other member of the board shall
23 be appointed to serve a term of five years: Provided, That the members of the Board of Medicine
24 holding appointments on the effective date of this section shall continue to serve as members of
25 the Board of Medicine until the expiration of their term unless sooner removed. Each term shall
26 begin on October 1 of the applicable year and a member may not be appointed to more than three
27 consecutive full terms on the board.
28 .
29 (c) Effective January 1, 2025: