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Bill > HB5458


WV HB5458

WV HB5458
Relating to professionals to be licensed by the West Virginia Board of Medicine


summary

Introduced
02/12/2026
In Committee
02/12/2026
Crossed Over
03/03/2026
Passed
03/14/2026
Dead
Signed/Enacted/Adopted
04/02/2026

Introduced Session

2026 Regular Session

Bill Summary

AN ACT to amend and reenact §30-1D-1, §30-3-4, §30-3-5, §30-3-6, §30-3-7, §30-3-8, §30-3-9, §30-3-10, of the Code of West Virginia, 1931, as amended; to amend the code by adding a new section, designated §30-3-10b, to amend said code adding a new article, designated §30-3H-1, §30-3H-2, §30-3H-3, §30-3H-4, §30-3H-5, §30-3H-6, §30-3H-7, §30-3H-8, §30-3H-9, §30-3H-10, §30-3H-11, and §30-3H-12; and to repeal §30-3-7a, §30-3-11, §30-3-11a, §30-3-11b, and §30-3-11c, relating to professionals to be licensed by the West Virginia Board of Medicine; requiring criminal background checks of any applicant for a license to engage in genetic counseling; defining terms; providing for board membership; providing that the board may call emergency meetings; authorizing the delegation of duties by the board; repealing certain provisions pertaining to radiologist assistants; providing for certain use of electronic signatures; providing for the creation of a complaint file that is separate from and in addition to a licensee's historical record; providing requirements for licensure to practice medicine and surgery; podiatry and administrative medicine; providing for certain special license types; repealing provisions relating to endorsement and temporary licensure; repealing certain provisions relating to the practice of medicine and surgery in certain nursing homes; repealing certain provisions pertaining to administrative medicine licenses; creating a Genetic Counselors Practice Act; requiring criminal background checks of any applicant for a license to engage in genetic counseling; requiring persons to possess a valid license prior to practicing genetic counseling; providing licensure requirements for genetic counseling; stating the duties and powers of the board with regard to genetic counseling; providing for the practice of active candidate status and American Board of Genetic Counseling permittees; authorizing the board to promulgate rules for legislative approval; providing for the expiration, renewal, and reinstatement of licenses to practice genetic counseling; setting certain continuing education requirements; getting a genetic counselor's scope of practice; providing for disciplinary proceedings involving genetic counselors; authorizing the board or the Attorney General to seek certain injunctive relief; requiring certain reports from health care facilities; prohibiting any genetic counselor or active candidate status permittee to represent that he or she is a licensed physician; and providing that any person who violates that prohibition is guilty of a felony and, upon conviction, shall be imprisoned for not less than one nor more than two years, or be fined not more than $2,000, or both fined and imprisoned.

AI Summary

This bill updates West Virginia law regarding professionals licensed by the West Virginia Board of Medicine, primarily by establishing a new licensing framework for genetic counselors and making various changes to existing medical practice regulations. Key provisions include requiring criminal background checks for all new applicants seeking a license from the Board of Medicine, including those applying to be genetic counselors, and defining the scope of practice for genetic counselors, who will need a license to practice in the state starting July 1, 2026, unless they fall under specific exceptions like being a physician or working for the federal government. The bill also outlines the duties and powers of the Board of Medicine concerning genetic counselors, including setting licensure requirements, handling disciplinary actions, and managing license renewals and continuing education. Additionally, it repeals several outdated or redundant sections related to radiologist assistants, endorsement and temporary licenses, and specific types of medical practice licenses, while also clarifying rules for board membership, emergency meetings, and the delegation of duties. A significant addition is the creation of the "Genetic Counselors Practice Act," which mandates that individuals must be licensed to practice genetic counseling, sets requirements for licensure including a master's degree and certification, and establishes penalties for misrepresenting oneself as a licensed physician, which is a felony.

Committee Categories

Government Affairs

Sponsors (2)

Last Action

Approved by Governor 4/1/2026 (on 04/01/2026)

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