The bill amends the Code of West Virginia to establish the Respiratory Care Interstate Compact, which facilitates the interstate practice of respiratory therapy. It introduces a new section, 30-34-6b, allowing the West Virginia Board of Respiratory Care Practitioners to conduct state and national criminal history record checks for new licensees. The compact aims to improve public access to respiratory therapy services while maintaining state regulatory authority. It outlines requirements for member states, including the need to enact a compact similar to the model compact, license respiratory therapists, and participate in a data system for tracking licensees. The bill also provides definitions related to the compact and establishes the rights and responsibilities of respiratory therapists practicing under it, including provisions for active military members and their spouses.
Additionally, the bill establishes the Respiratory Care Interstate Compact Commission, detailing its structure, powers, and responsibilities, including rulemaking authority and the enforcement mechanisms for member states. The commission is tasked with maintaining a coordinated database for licensure and adverse actions, ensuring confidentiality, and providing a framework for collaboration among states. The bill emphasizes transparency in the rulemaking process, requiring public hearings and detailed notifications prior to rule adoption. It also clarifies that member states retain the authority to enact their own laws related to respiratory therapy, as long as they do not conflict with the compact, and includes provisions for the amendment and severability of the compact's provisions.
Statutes affected: Introduced Version: 30-34A-1, 30-34A-2, 30-34A-3, 30-34A-4, 30-34A-5, 30-34A-6, 30-34A-7, 30-34A-8, 30-34A-9, 30-34A-10, 30-34A-11, 30-34A-12, 30-34A-13
Committee Substitute: 30-34-6b, 30-34A-1, 30-34A-2, 30-34A-3, 30-34A-4, 30-34A-5, 30-34A-6, 30-34A-7, 30-34A-8, 30-34A-9, 30-34A-10, 30-34A-11, 30-34A-12, 30-34A-13
Engrossed Committee Substitute: 30-34-6b, 30-34A-1, 30-34A-2, 30-34A-3, 30-34A-4, 30-34A-5, 30-34A-6, 30-34A-7, 30-34A-8, 30-34A-9, 30-34A-10, 30-34A-11, 30-34A-12, 30-34A-13
Enrolled Committee Substitute: 30-34-6b, 30-34A-1, 30-34A-2, 30-34A-3, 30-34A-4, 30-34A-5, 30-34A-6, 30-34A-7, 30-34A-8, 30-34A-9, 30-34A-10, 30-34A-11, 30-34A-12, 30-34A-13