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Saturday, March 8 marked the last day of the 2008 regular Legislative Session. As usual the legislature immediately went into an extended session for the purpose of passing the budget bill and addressing bills vetoed with technical errors. They adjourned Sine Die a week later on Sunday, March 16.
Of the 2,134 bills introduced during the Session, a total of 259 passed both chambers and completed legislative action by the end of the extended session.
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The following is an update on legislative action on the 2008 key policy issues of the WVSMA. For the full bill text click on the bill number, or for additional legislative information, refer to the legislative website at www.legis.state.wv.us. |
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The top issue of the WVSMA this session was to preserve the integrity of the Medical Professional Liability Act and to protect against any threats to erode the current statute. We are pleased to report that there were no attempts to impair our current law. |
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As we are in the final couple years of the phase-out of the provider tax a top priority of the WVSMA is to strongly advocate for the continued phase-out of the healthcare provider tax with no interruption or slowdown. There were no threats to the current phase-out. |
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The WVSMA drafted legislation (HB4515) to establish a clear reporting mechanism for physicians and other providers authorized to diagnose or treat diseases to report medically at-risk/impaired drivers to the DMV. The purpose of this bill is to promote public safety on the roadways of West Virginia by providing a mechanism by which healthcare providers may report when an individual they have treated has a condition that renders them incompetent to operate a motor vehicle. The bill specifies that healthcare providers may notify the division in writing of a patient who suffers from a physical or mental disease, disorder, disability, condition or symptoms that prevents the person from safely operating a motor vehicle, and which is either: (1) uncontrollable (either through medication, therapy, or surgery; or by driving device or technique), (2) controllable, but the patient does not comply with the recommendations of the healthcare provider for treatment or restricted driving; or (3) undiagnosed but the extent of driver impairment is potentially significant based on the patient's symptoms.
The bill does not modify the process that the DMV goes through to determine whether a person is competent to drive but initiates a review. The bill specifically gives immunity to providers who make such reports to the DMV if they follow a process of documenting the disease in the patient's record, informing the patient that their disease may impair their ability to drive and advise them not to drive, and tells the patient that they can be reported to the DMV.
We are pleased to report that the bill passed on the last night of the Session and is awaiting the Governor's signature. |
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Each Session, the WVSMA strongly advocates legislative policies aimed at reducing the use of tobacco products by children and adults. Reducing exposure to secondhand cigarette smoke, increasing the cigarette and smokeless tobacco excise taxes and strengthening tobacco control efforts and prevention funding are all areas of interest.
Unlike recent years, this was not a big year for tobacco related issues pro or con. There were no serious efforts entertained to increase the tobacco tax nor were there any serious threats made to hamper the clean indoor air regulations. |
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The WVSMA opposes the scope of practice expansion of non-physician practitioners without the appropriate education, training and supervision. Safety and protection of the patient is of utmost importance and we make it a priority to educate the legislature about theses concerns.
There were a number of bills introduced this year which fall into this category. The following are bills which failed to pass under the opposition of the WVSMA:
SB 59 Expanding prescriptive authority of advanced nurse practitioners and repealing the collaborative relationship between nurse practitioners and physicians.
SB 82 Allowing advanced nurse practitioners to sign do-not-resuscitate orders
SB 83 Allowing advanced nurse practitioners to sign death certificates
One bill falling into this category was supported by the WVSMA. SB 481 authorizes physician assistants to conduct mental health hygiene process examinations. Current law allows certain nurse practitioners and social workers to conduct such exams. The bill will allow PA's with proper qualifications (as determined by the Board of Medicine) to do the same.
One bill did pass this session which makes a significant change to the scope of practice to an allied healthcare provider. HB 3056 grants pharmacists immunization privileges. The House passed the bill which, in its original form, would have allowed pharmacists to administer influenza, pneumonia, hepatitis A and B, tetanus and herpes zoster vaccinations under rules established solely by the Board of Pharmacy. The WVSMA and the WV Academy of Family Physicians raised concerns regarding patient safety as a result of this scope of practice expansion. The Board of Pharmacy asserted that pharmacists are properly trained in immunization administration and that it is a logical extension of care. West Virginia pharmacists have been pursuing immunization privileges through legislation over the past few years. They have been espousing the fact that forty-six other states allow pharmacists to give immunizations.
The Senate Health Committee placed this bill into a subcommittee for further review. Following negotiations between the WVSMA, AAFP, Board of Pharmacy and Pharmacy Association the bill passed out with significant modifications. The bill, as passed, allows the Board of Pharmacy, with the advice of the Board of Medicine and Board of Osteopathy to draft rules allowing pharmacists to administer the influenza and pneumonia vaccinations. Additionally, the bill allows the Board of Pharmacy with the advice and consent of the other two boards to develop rules allowing pharmacists to administer other adult vaccinations.
The bill sets out the following list of criteria that, at a minimum, must be in both rules:
* Pharmacists may give adult immunizations only;
* Training courses must be established;
* Pharmacists must observe the persons for adverse reactions;
* Pharmacists must be certified in basic life support;
* Continuing education on immunizations must be established;
* Pharmacists must report the immunizations administered to the person's physician and to the WV Statewide immunizations Information System; and,
* Pharmacists can not delegate their authority to any other person.
With these restrictions, and with the requirement for involvement of the Board of Medicine and the Board of Pharmacy, the WVSMA has agreed not to oppose the bill in its final form. We will monitor the rules closely as they are drafted and go through the rulemaking review and legislative processes.
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The WVSMA recognizes the serious public health concern to our state caused by the prevalence of adult obesity and the number of children at risk of being overweight and we work toward solutions to these concerns within the legislative process. In recent years, a lot of attention has been drawn toward the need to establish healthier lifestyles within our state's population; however, this Legislative Session was not a hot year for this topic.
One bill that did get a little action but failed to pass was HB 4051. This bill would have clarified the law to allow only healthy beverages and healthy or nutritional snacks to be sold in the county school system. The bill clarified what healthy beverages and snacks are and eliminated the sale of soft drinks and other unhealthy beverages during the school day. The WVSMA supported this legislation, though it only mustered up enough support to pass the House Health Committee and then died in the House Education Committee. Nearly half of the 55 county school systems have already taken it upon their own initiative to ban the sale of soft drinks during the educational day.
Another which also failed to pass was SB 632. This bill would have established the "Healthy West Virginia Program" and directed the Office of Healthy Lifestyles to establish a Healthy Lifestyles Restaurant Calorie Posting Program. The program was to allow voluntary participation by covered food service establishments such as chain restaurants. |
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The WVSMA strongly supports strengthening West Virginia's All-Terrain Vehicle safety law. One bill that seemed to have enough support to pass, but failed in the final days was SB 567 which would have removed ATV's from all paved roads. Additionally it clarified that any county commission may enact an ordinance that further regulates (permits or restricts) the operation of ATV's in the county. Under current law only counties which are operating under a countywide comprehensive plan may pass such an ordinance.
In previous years more comprehensive legislation had been attempted to require the use of helmets and disallow passengers and child drivers of certain sized ATVs. Those efforts have come up short so the attempt this year was to address only the issue of getting these non-roadworthy vehicles off the paved roads. The bill seemed poised to pass since it passed the Senate first which is typically where such bills are killed. Eventually though, the tides turned and the bill failed to pass out of the House. |
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In recent years there have been strong attempts made to repeal the motorcycle helmet law. The WVSMA strongly supports maintaining this law and has advocated against all attempts to weaken or repeal the law. We are pleased to report that no serious attention was given to this subject this year. |
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The WVSMA joins with the West Virginians for Fairness Coalition in support of legislation that would establish (1) minimum medical criteria and procedures for asbestos and silica claims; and (2) require a physician with a physician-patient relationship with the exposed worker to diagnose and establish the presence of these criteria in the exposed worker and (3) require disclosure of present or future bankruptcy trust claims in state court proceedings. There were a few bills introduced in both the House and Senate that would have addressed all or parts of this issue however due to a failure of the business industry and the trial lawyers to agree on language, none of the bills passed. |
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The WVSMA joined with the WV Academy of Ophthalmology in supporting legislation requiring a mandatory eye screen at the time a driver renews their license. The legislature passed and the Governor has signed into law, HB 4069, which now requires everyone undergo a vision screening when renewing their driver's license every five years. The legislation simply requires all persons applying for a driver license renewal to take the vision screening which is required at initial licensing. This bill is endorsed by the WV Academy of Ophthalmology and the WVSMA.
When the House Judiciary Committee took up this legislation they passed an amendment to clarify that the vision screening process will not be used for any type of personal biometric identifying information. There was concern that the DMV might use the screening to do a retinal scan for identification. Currently the DMV collects a fingerprint voluntarily and also uses a computer generated matrix from the driver photos to differentiate a person's features from others. The bill specifies the vision screening requirement will become effective January 1, 2009 and it changes the current 30-day notice to renew a license to 90-days to grant persons the extra time in case they need to see their eye care professional.
Another bill that passed relating to driver's vision was HB 4139, which allows drivers to use "bioptic lenses" to drive under limited conditions. The special lenses are used by persons with certain eye conditions that render them unable to see well enough to operate a vehicle with any other mechanism. It takes extensive special training and equipment for a person to use the bioptic lens to drive a car. The WV Division of Rehabilitation has been training persons from other states to use this equipment, however; DMV regulations specifically prohibited the use of bioptic lenses. |
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The WVSMA supports initiatives to improve the health of pregnant women and children in West Virginia and has partnered with the Perinatal Partnership in their efforts to help fulfill this goal. Two pieces of legislation were drafted by the partnership and pursued this legislative session.
SB 234 creating a maternal mortality review team passed the full Legislature on March 7 and has already been signed into law by the Governor. This bill creates the Team, to be established under the DHHR, to review the deaths of women who die during pregnancy, at the time of birth or within one year of the birth of a child. Similar teams have been initiated in other states and are finding many more maternal deaths than initially reported on the death certificates. Many of the deaths might be preventable. The purpose of a Maternal Mortality Review Team is to shed light on these deaths and through identification of the causes possibly help prevent future maternal deaths.
The bill establishes a list of 20 plus team members all representing different stakeholders with expertise in this area. The Team is directed to draft rules for establishment, formation and conduct of the team including developing protocols for review of maternal mortalities. Through their review of maternal deaths, the Team is to establish trends, patterns and risk factors and provide statistical analysis regarding the causes of maternal fatalities in West Virginia and to submit an annual report of their findings to the Governor and Legislature. The legislation contains strong confidentiality language clarifying that the proceedings of the Team are confidential and that the members may not be questioned in any civil or criminal proceeding regarding the information presented or opinions formed from their work.
Another bill relating to perinatal health failed to pass. HB 4052 aimed to establish the Uniform Maternal Screening Act and called for the development of a uniform maternal risk screening tool to serve as an alert to medical care providers in evaluation and assessment of high-risk pregnancies. The screening tool would have been developed by an advisory council made up of providers of maternity services and representatives of the Bureau for Public Health. The data derived from the screening would be reviewed through a statistical matrix to measure incidents of high-risk and at-risk pregnancies for planning purposes by public health officials. Strong confidentiality language was amended into the bill by request of the WVSMA and other supporters of the legislation specifying the tool shall be confidential and shall not be released or disclosed to anyone including any state or federal agency for any reason other than data analysis of high-risk and at-risk pregnancies for planning purposes by public health officials.
The bill had no opposition and easily made it through the House and the Senate Health Committee; however, it was held up in the final days in the Senate Finance Committee and was never placed on the Committee agenda. |
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The WVSMA supports efforts to make policy changes which foster improved oral health for West Virginia's children and families. There was a legislative interim committee which studied the issues of poor oral health in West Virginia and made a recommendation for legislation (HB 4074) which would establish an office of oral health under the Bureau for Public Health. The office would coordinate the myriad of issues surrounding poor oral health in WV. The office would provide support to local boards of health and schools, and provide programs addressing oral health education and promotion, train healthcare pediatricians on preventive oral health procedures, among other responsibilities. The bill passed both the House and Senate but with differences regarding who would be the director of the office. The Senate insisted it be a dentist the House insisted that it not. An agreement could not be made and the bill died in conference committee. |
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The Legislature passed the Budget Bill, SB 150, on March 16 in the extended session. Since the beginning of the Session the Legislature and Governor have been at odds regarding the state budget. The Governor's budget was drafted with no wiggle room for the Legislature to modify funding projects. The final budget that was passed by the Legislature was nearly $93 million larger than what Manchin had proposed. The bill contained $10.4 billion in overall spending reflecting a 3.4 percent increase from the last years' budget.
The Governor issued an extensive line item veto of the budget on March 21 which aimed to cut funding for new projects or any additional funding for current projects over the amount appropriated in the previous year. Items vetoed include a $200,000 cut to emergency response entities, $100,000 cut to the Four Angels Substance Abuse Program, $1.5 million cut to the WV Teaching Hospitals Tertiary/Safety Net, $424,576 cut to the Higher Education Grant Program and a $260,000 cut to the Alzheimer's Disease Registry, among many others. All together the Governor vetoed 35 separate components of the budget. |
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The AARP main legislative interest this Session was SB 340 regulating the response to a breach of electronic data containing personal information. The bill which passed on March 8, mandates entities which hold personal information, databases, etc. and which experience a breach of that data must undergo a process to notify all the persons whose information is breached. Physician offices and other healthcare entities are included under this legislation.
The bill, in its original draft, was quite punitive. The definition of data breach was quite broad, the Attorney General was granted extensive regulatory powers with the potential for extraordinary fines, and the ability for private cause of action (thus class action suits) for not complying fully with the notification requirements.
A broad group of stakeholders representing a broad base of business, insurance, utility and healthcare organizations, including the WVSMA, with the AARP and Attorney General's office to come to an agreement on the bill. |
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Governor Manchin introduced HB 4129 to establish a special license for healthcare professionals who are retired and who want to volunteer their services in free clinics and renders them immune from civil liability. Currently physicians have such a retired volunteer license which allows them to volunteer without the need for liability insurance coverage. The bill takes this concept and provides such volunteer licenses to physician assistants, dentists, dental hygienists, pharmacists, registered professional nurses, optometrists, physical therapists, psychologists, and occupational therapists. Each licensing board will be able to determine: the number of hours required for continuing education and will have their normal licensing purview over each volunteer. Under this license, the medical professional is immune from liability for any civil action arising out of any act or omission resulting from the rendering of the medical service at the clinic unless the act or omission was the result of the physician assistant's gross negligence or willful misconduct. Provided that he or she has a written agreement with the clinic and the clinic has a minimum of $1 million in liability insurance. |
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The Hospital Association, in collaboration with the WV Chapter of the American College of Emergency Physicians, pushed for the passage of SB 590 which adds healthcare workers to the list of protected persons from acts of violence. The bill includes healthcare workers as a named protected group along side police officers and other public safety workers. Senator Hunter amended the bill to also include child protective service workers and social workers. The bill passed on March 8 and is awaiting action by the Governor. |
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A number of bills were introduced this Session aimed at addressing prescription drug diversion. HB 4142 was introduced by the State Police and supported by the Board of Pharmacy which would have required nearly all to query the Board of Pharmacy prescription monitoring database on each patient that they prescribe a schedule II, III or IV drug. On the Senate side two pieces of legislation (SB 468 and SB 306) would have added Sheriffs, or their designee, parole officers and corrections officers to the list of approved persons having access to the Board of Pharmacy's prescription monitoring database. Currently all persons who are dispensed schedule II, III, and IV drugs in West Virginia are reported to this database. Personally identifiable data is specifically sent in addition to the prescriber's information. Information can be pulled out per prescriber or individual patient.
The WVSMA raised concerns about all three bills and suggested that there are other ways to combat the problem. Delegate Don Perdue, Chairman of the House Health Committee held two stakeholder meetings to attempt to come to an agreement on legislation. WVSMA participated in these meetings and an agreement was made that a study resolution should be passed to enable the Legislature to study the issue thoroughly throughout the 2008 interim meetings. The House passed HCR 74 calling for a comprehensive study of the drug diversion problems. The WVSMA will actively monitor the interim study and report on issues discussed. |
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The Legislature passed SB 722 aiming to regulate the pharmacies within the free clinics operating in the state. The Board of Pharmacy pushed the bill stating that they are having trouble regulating the pharmacies that are operating in the free clinics like HealthRight. There are six such clinics in the state. The current law does not clearly give the Board of Pharmacy the ability to regulate these pharmacies because they fall outside the general definition of a pharmacy in code.
A battle ensued among the free clinics and the Board as the bill moved from the Senate to the House. The clinics charged that it would be impossibly for them to license their pharmacies due to the costs of hiring full time pharmacist directors and other necessary fees. Currently the pharmacies are all staffed by volunteer pharmacists and other professionals. Additionally, they raised questions about the need for such a law stating that there haven't been any problems with the status quo.
The final bill that passed was a compromise of sorts with charitable clinic pharmacies being defined in code with rules to be drafted regarding licensure of such pharmacies. The bill specifically allows the pharmacist in charge to be a volunteer and waives any pharmacy licensure fees. |
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The Board of Medicine had a heavy legislative agenda this Session with three bills and three rules. All but one of their bills passed. The following is an update on the legislation:
Relating to physician assistants and updating language to conform to national changes.
HB 4144 - The bill updates the requirements for physician assistant licensure. It clarifies that an applicant for a PA license may practice under a temporary license until the applicant successfully passes the National Commission on Certification of Physician Assistants' certifying examination. Additionally it clarifies that a supervising physician of a PA must have a full unrestricted license. The bill passed the full Legislature on March 6 and is awaiting action by the Governor.
Creating felony offense of unauthorized practice of certain healthcare professions.
SB 290 - This legislation would have established the offense of the unlawful practice of medicine. In current law it is a misdemeanor to practice medicine without a license. This bill aimed to clarify that if a physician practices medicine on an expired, lapsed or terminated license for a period of time up to 3 months they are guilty of a misdemeanor. It further clarified that those who do not fall into this specific category (the three month reprieve) are guilty of a felony and that anyone who practices without a license who causes serious bodily injury to a patient is guilty of a felony. The bill passed the Senate but died in House Judiciary Committee.
Updating physician and podiatrist licensing requirements.
SB 317 - This bill updates the licensure requirements for physicians licensed under the Board of Medicine. It extends the acceptable time to pass all three steps of the United States medical licensing examination (USMLE) from 7 to 10 years. Additionally it clarifies that if any person fails to pass any of the three steps in three attempts must come before the Board to determine if further education evaluation and training is needed. It also updates the podiatric licensure requirements. The bill was amended to allow for the Board to issue a restricted license to foreign medical graduates who don't meet all the criteria for licensure but who have exceptional education or training and practice credentials that are substantially equivalent to the requirements of licensure. The Board is directed to propose rules that establish and regulate the restricted license. The bill passed the full Legislature on March 6 and is awaiting action by the Governor.
Omnibus Healthcare Rules Bill.
SB 349 - This bill contains the rules of several agencies including three of the Board of Medicine. The bill passed the full Legislature on March 8 and is awaiting action by the Governor.
Board of Medicine, continuing education for physicians and podiatrists.
This rule modifies the continuing education requirements for physicians by requiring that at least 30 of the 50 hours that are required are related to the physician's area or areas of specialty. It also clarifies that if a physician fails to renew their license (pay the licensure fee) their license would "expire" instead of be "suspended" as it currently is considered.
Board of Medicine, collaborative pharmacy practice.
This rule was drafted per the passage of legislation that passed in the 2006 legislative session establishing a collaborative pharmacy practice, similar to a collaborative relationship with the physicians and nurses. The Board of Medicine, Board of Pharmacy and Board of Osteopathy were charged with collaborating on the development of this rule.
Board of Medicine, certification, disciplinary and complaint procedures, continuing education, radiologist assistants.
This rule was developed per the legislation that passed last year which established the Radiologist Assistants licensure and placed them under the Board of Medicine. RA's may now be licensed and will function as a physician assistant to a Radiologist. |
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HB 4396 would have set in law a seven-year timeline for retention of medical records by physicians and dentists. The bill set out a process for destruction of old records. The bill also included a requirement that if the records are destroyed the caretaker of the records must indefinitely keep a master patient indice including the patient's name and birthdate; a list of dated diagnoses and intrusive treatments; and, a record of all drugs prescribed or given.
Additionally, the bill requires that when the provider plans to close their practice that they must get approval from the Department of Health and Human Resources for the storage of the records. Currently the DHHR has no process for this responsibility. The WVSMA raised concerns regarding this burdensome requirement.
The bill died in the Senate Health Committee where it was never placed on the agenda. |
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HB 4385 would have granted the Legislative Auditor broad and intrusive auditing powers of both public and private entities which "receive funds" from the Legislature. The bill was drafted in such broad terms that any person or entity which receives money from the Legislature could be audited for any reason. The powers would reach into any entity receiving grants or contracts for services and even could be applied to healthcare providers which receive reimbursement for services from state agencies like Medicaid and PEIA. The bill originated from the House Government Organization Committee and quickly passed the House in a unanimous vote seemingly because most members didn't realize the full impact of the legislation.
A large group of business related organizations raised significant concerns regarding the bill. The WVSMA provided the Senate Government Organization Committee with suggested language that would significantly reduce the broad application of the bill. Senator Ed Bowman, chair of the Committee responded to the concerns and did not take up the bill in his Committee. |
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HB 4445 would have amended the definition of "healthcare provider" under the medical professional liability act (MPLA) by adding pharmacists and pharmacies to the list. This legislation was pursued by the pharmacists in response to a recent Supreme Court ruling that determined that pharmacists are not covered under the protections of the MPLA and thus aren't granted the protections of the caps on damages and other aspects of the medical liability reforms gained in 2003. The bill easily passed the House, and was assumed to have an easy ride to get through the Senate however it died in the Judiciary Committee where it was never taken up. |
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One of the most controversial bills of the Session was the "Captive Audience" bill, HB 4132. This bill would have prohibited companies with 12 or more employees from holding meetings with their employees where discussion of political matters or labor activity occurs. The bill is actively being advocated for by the labor community. Supporters of the bill say it is needed to prevent attempts by businesses to threaten or intimidate their workers. West Virginia's business community led by the West Virginia Chamber of Commerce, local chambers and the West Virginia Business & Industry Council, raised serious concerns over the bill and had their members calling and emailing all the members of the Legislature saying the bill is a violation of free speech and gives employers one more reason to avoid doing business in the state. The bill died in the Senate Judiciary Committee where it was never placed on the agenda. |
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The following is a listing of all the healthcare related bills that passed. To read a bill click on the bill number, or for more information, go to the legislative website at www.legis.state.wv.us.
HB 3056 - Allows the Board of Pharmacy, along with the Board of Medicine and Board of Osteopathy to develop rules allowing pharmacists to administer flu and pneumonia shots - the three boards may also develop rules around other immunizations for adults, i.e. hepatitis A & B, tetanus and shingles.
HB 4059 - Provides that persons who are currently or have previously been employed as a school bus operator may not be rendered ineligible for employment as a result of having diabetes requiring insulin, if other medical requirements are met.
HB 3065 - Establishes a misdemeanor to falsely report a child abuse or neglect case in order to influence a child custody case. The misdemeanor crime would include up to $1,000 fine or payment of lawyer fees, and up to 60 hours of community service.
HB 4069 - Requires vision screening prior to the renewal of a driver's license. This bill will also extend the period of time required for notifying a licensee of his or her license expiration from 60 days to 90 days so that the individual will have enough time to get a vision examination. This bill will prohibit the Division of Motor Vehicles from renewing licenses to individuals not meeting minimum standards and also from obtaining personal biometric identifying information, such as a retinal exam, under the guise of a vision exam. It does not change the current vision standards.
HB 4080 - Replaces the Uniform Management of Institutional Funds Act of 1972 with the Uniform Prudent Management of Institutional Funds Act. This act will provide statutory guidelines for management, investment and expenditures of endowments funds held by charitable institutions. The act will also provide for diversification and pooling of assets and total return on investment to implement whole portfolio management.
HB 4124 - Requires that CPR and First Aid training be added to the health education curriculum in any of the grades six through 12, as the county school board considers appropriate.
HB 4129 - Establishes a special healthcare volunteer license and provides immunity from civil liability for retired healthcare professionals (doctors are already covered, but this bill adds physical therapists, dentists, dental hygienists, psychologists, nurses, optometrists.) who want to donate their services to a free health clinic.
HB 4139 - Allows issuance of driver's licenses to persons using bioptic telescopic lenses. It sets conditions, restrictions and limitations for licensing. The bill further authorizes the Division of Rehabilitation Services to promulgate the criteria for applicant enrollment in low vision driving courses, and for establishing low vision driving courses.
HB 4144 - Relates to physician assistants - updates language to conform to national changes; requiring supervising physicians to be fully licensed without restriction or limitation; permitting graduates of an approved program who have passed the national certifying examination for physician assistants to obtain temporary licenses and it increases fees.
HB 4304 - Revises the Anatomical Gift Act to make it easier to make a document of gift (organs and tissues) particularly with regard to organ donor notations on drivers' licenses and ID cards; authorizes additional persons, such as a medical power of attorney or healthcare surrogate, to make anatomical gifts on behalf of an incapacitated person before death occurs.
HB 4357 - Extends the Neighborhood Tax Incentive Program until 2011 and increases the allowable amount from $2 million to $2.5 million.
HB 4402 - Shifts administration of the state problem gambler helpline from the Lottery Commission to the Department of Health and Human Resources. The bill also restricts the use of the Lottery logo on any promotional materials by the problem gamblers.
HB 4404 - Provides a mechanism for the Insurance Commissioner to regulate discount medical plan/discount prescription drug plans.
HB 4418 - Requires hospitals report healthcare-related infections to the Centers for Disease Control to be entered into the CDC's National Healthcare and Safety Network - also establishes an advisory panel under the Healthcare Authority.
HB 4433 - Increases the amount of a medical student loan that can be cancelled to $10,000.
HB 4474 - Requires circulating nurses in operating rooms in hospitals and ambulatory surgical centers.
HB 4478 - Prohibits the mid-year transfer of a mentor or aid working with a student with an individualized education plan. This prohibition is currently only applicable to students who are autistic or have been diagnosed with autism spectrum disorder. This bill will only allow transfer if the individual is not certified or if the transfer is in the best interest of the student.
HB 4495 - Limits use of the word "Nurse" to those who are qualified and licensed to practice by the WV Board of Examiners for Professional Nurses.
HB 4513 - Requires state insurers such as PEIA, CHIP and Medicaid and private insurers to provide reimbursement for all mandated newborn screenings to hospitals and birthing centers. This is typically $95 per infant to cover the costs of the screens.
HB 4515 - Promotes highway safety by providing a mechanism where healthcare providers may report when a patient they treated has a condition that renders them incompetent to operate a motor vehicle. It also provides immunity to the provider for reporting medically impaired drivers to the Department of Motor Vehicles.
HB 4624 - Reimburses volunteers who transport veterans more than 30 miles from their homes to the hospital at a per diem rate of $75.
HB 4713 - Expires $3.5 million from the Board of Risk and Insurance Management to the West Virginia Healthcare Authority for the purposes of infrastructure and network support in the development of electronic medical records.
SB 13 - Dental Practice Act - allows the scope of practice for dental hygienists to be expanded under rules by the Board of Dental Examiners (includes polishing teeth, scraping gums, taking x-rays, and administering fluoride treatments) Under the rules, Dental Hygienists will be allowed to practice in schools, nursing homes, hospitals and health clinics without direct supervision by a Dentist. Emergency rules are to be filed by July 1, 2008.
SB 185 - "Virginia Tech bill" - restricts ability to purchase fire arms by anyone who has previously been committed to a mental health facility or who is habitually addicted to alcohol or a controlled substance. Requires reporting of the names to the Central State Mental Health Registry and authorizes this information to the National Instant Criminal Background Check System.
SB 234 - Creates a Maternal Mortality Review Team to study maternal deaths (pregnancy, birth or death within one year of the child's birth).
SB 286 - Provides personal immunity from civil liability for adult protective services workers and child protective service workers for acts, errors or omissions that occurred during the course of their employment and official duties. This bill would not protect workers from liabilities caused by intentional misconduct.
SB 317 - Updates the licensing requirements for physicians and podiatrists to conform to national trends and allows a 10-year period for applicants to pass all steps of the licensing examination. The bill provides for an appearance before the board for any applicant who has failed to pass any step of the licensing examination in three attempts.
SB 349 - Omnibus rules bill for the Board of Medicine relating to continuing education for physicians/podiatrists; collaborative pharmacy practice; radiologist assistants and acupuncture, dental, massage therapy, nursing home board and Pharmaceutical Council on marketing /advertising rules for pharmaceuticals.
SB 398 - Omnibus rules bill for hospice, opioid treatment programs, newborn screening system and clandestine drug lab remediation.
SB 417 - Omnibus rules bill for Insurance Commission including the mental health parity law.
SB 481 - Authorizes physician assistants to conduct mental health hygiene process examinations if certified.
SB 590 - Enhances criminal penalties for threat of physical violence against healthcare workers (including nurse, nurse practitioner, physician, physician assistant or technician practicing at, and all person employed by a hospital, county or district health department, long-term care facility, physician's office, clinic or outpatient treatment facility) and DHHR protective service workers.
SB 619 - Limits liability for civil damages for unanticipated operators of automated external defibrillators who act in good faith to render aid.
SB 645 - Exempts city and county hospitals from additional state audit requirements.
SB 722 - Allows the Board of Pharmacy oversight over pharmacies at ambulatory surgery centers and free clinics where prescription drugs are dispensed. The bill establishes a new definition of "charitable clinic pharmacy" as a non-profit that dispenses prescriptions free of charge. A charitable clinic may have a pharmacist-in-charge who volunteers services and may receive free drugs. New rules to manage this new type of pharmacy must be promulgated by the Board of Pharmacy.
Legislation not passing included creation of an office and full time director on oral health, stronger ATV safety laws, a uniform screening process to detect high risk pregnancies, healthcare cost containment measures, Medicaid oversight (requiring public input), insurance coverage for autism spectrum disorders, elimination of soft drink sales in schools, prohibiting hand held cell phone use while driving, family sick leave policies, smoke-free medical facilities, remote dispensing of prescription drugs, insurance coverage for uninsured children of state employees, and changes to retention of healthcare records.
Additional legislation that did not pass included a bill requiring DHHR to review private provider rates paid for a variety of health and human services, additional funding for substance abuse treatment, raising the age to refuse mental health treatment to age 18, expanded scope of practice legislation for optometrists, and pharmacists under the Medical Liability Act. |
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The following is a listing of all the employer/business related bills that passed. To read a bill, click on the bill number, or for more information, go to the legislative website at www.legis.state.wv.us.
HB 4357 - extends the Neighborhood Tax Incentive Program until 2011 and up to $2.5 million.
HB 4636 - Changes to the Worker's Compensation system including: prohibition of government contracts with employers in default, permits the Insurance Commissioner to employ certain enforcement procedures, sets rates for surcharges on insured employers and makes revisions to the litigation system.
HB 4637 - Creates the Broadband Deployment Council to extend broadband internet services to every West Virginian by 2010. The council is authorized to contract for consulting services, and apply for grant funding.
HB 4664 - Clarifies the bidding processes of the Purchasing Division and allows surplus properties to be sold to the public. Allows negotiation when all bids exceed "budget in requisition" as opposed to "available funds" language.
SB 238 - Increasing monetary limit to file circuit court suit.
This bill increases the jurisdictional limit for filing suits in circuit court from $300 to $2,500. The bill would be helpful to small businesses because they will be able to resolve many matters in magistrate court instead of having to go to the circuit court.
SB 287 - Establishes the WV Research Trust Fund mirrored on Kentucky's "Bucks for Brains" program with allocations of $35 million to WVU and $15 to MU to support research for emerging technologies. The bill also requires a $1:1 match.
SB 311 - Allowing judges to order jurors from other counties in certain situations.
SB 340 - Requiring consumers' notification of information security breach.
SB 474 - Establishes a week-long tax holiday each fall (September 1-7 in 2008) on purchases of energy star qualified products-a guide of the USEPA for energy efficiency standards. Funds are from a settlement by the Attorney General's office.
SB 680 - Changes the combined requirements for taxes for corporations and reduces the corporate net income tax beginning in 2009 from 8% to 6.5% in 2012.
Legislation not passing included HB 4132 that prohibited employers from mandating employees attend meetings to hear about political issues or religious opinions, commonly referred to as the "captive audience" bill died. The Legislative Auditor introduced a bill that expanded the authority of the Legislative Auditor's office to allow them to audit individual, corporate and other businesses who receive any state funding. The business community vehemently opposed this bill and worked together to kill the bill. Additionally the following bills died Mandated Sick Leave Benefit (HB 4447), Employee Access to Personnel Records (HB 4048), Flexible Leave Act (HB 4691), Mandated Health Benefits (HB 4520), Home Rule (House Bill 4060 and Senate Bill 333), Nonpartisan election of Supreme Court justices and circuit court judges (SB 218 & SB 475), Deliberate Intent (SB 587), Asbestos Claims Reform, Property Tax Appeals (Senate Bill 585), Risk Capital (SB 609), and Sole Proprietor Health Insurance (SB 497). |
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