SB 650 — Allowing physician assistants to own practice

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 650 ByB SenatorsYSENATORS Takubo,TAKUBO, Tarr,ARR Weld,, andELD,AND DeedsDEEDS [Introduced[Originating Februaryin 15,the 2023;Committee on Health and Human Resources;

referredreported to the Committee on HealthFebruary and24, Human2023] Resource]CS Intrfor SB 650 2023R3696 A BILL to amend and reenact §30-3-14 and §30-3-15,§30-3-15 of the Code of West Virginia, 1931, as amended;

and to amend and reenact §31B-13-1301,§31B-13-1301 of said code, all relating to authorizing physician assistants ownowning a business;practice;

denyingestablishing grounds for discipline or denial of a license or other authorization for physician assistantsassistants; for referrals where the physician assistant has a proprietary interest;

authorizingclarifying medicalphysician corporationsassistant thatshareholder haveeligibility physicianfor assistantmedical shareholders;corporations;

conformingpermitting thephysician definitionassistants of "physician assistant" to theserve Americanas Academydesignated ofcorporate Physicianrepresentatives; Associates’ term for the profession;

complaints by citizens, pharmacists, physicians, podiatrists, peer review committees, Intr SB 650 2023R3696 hospital administrators, professional societies, or others;

or unfavorable outcomes arising out of CS for SB 650 medical professional liability.

The chief executive officer shall also report any other formal disciplinary action taken against any physician or podiatrist by the hospital upon the recommendation of its medical staff relating to professional ethics, medical incompetence, medical professional liability, moral turpitudeturpitude, or drug or alcohol abuse.

IntrCS for SB 650 2023R3696 (3) Any managed care organization operating in this state which provides a formal peer review process shall report in writing to the board, within 60 days after the completion of any formal peer review process and also within 60 days after the commencement of and again after the conclusion of any resulting legal action, the name of any physician or podiatrist whose credentialing has been revoked or not renewed by the managed care organization.

(4) Any professional society in this state comprised primarily of physicians or podiatrists which takes formal disciplinary action against a member relating to professional ethics, professional incompetence, medical professional liability, moral turpitude, or drug or alcohol abuse shall report in writing totothe the board within 6060days days of a final decision the name of thethemember, member, together with all pertinent information relating to the action.

IntrCS for SB 650 2023R3696 (B) Engaging in sexual misconduct with a patient;

(6) Every person, partnership, corporation, association, insurance company, professional society, or other organization providing professional liability insurance to a physician or podiatrist in this state, including the state Board of Risk and Insurance Management, shall submit to the board the following information within 30 days from any judgment or settlement of a civil orormedical medical professional liability action excepting product liability actions:

theThe name of the insured;

IntrCS for SB 650 2023R3696 (8) Within 30 days after a person known to be a physician or podiatrist licensed or otherwise lawfully practicing medicine and surgery or podiatry in this state or applying to be licensed is convicted of a felony under the laws of this state or of any crime under the laws of this state involving alcohol or drugs in any way, including any controlled substance under state or federal law, the clerk of the court of record in which the conviction was entered shall forward to the board a certified true and correct abstract of record of the convicting court.

The abstract shall include the name and address of the physicianphysician, or podiatristpodiatrist, or applicant, the nature of the offense committed, and the final judgment and sentence of the court.

IntrCS for SB 650 2023R3696 (10) Any person may report to the board relevant facts about the conduct of any physician or podiatrist in this state which in the opinion of that person amounts to medical professional liability or professional incompetence.

(13) Any person who reports pursuant to this subsection, in good-faithgood faith and without fraud or malice, is immune from civil liability.

Reports made in bad-faith,bad faith, fraudulently, or maliciously constitute unprofessional conduct and, if made by persons licensed or authorized to practice by the board, are grounds for disciplinary action pursuant to §§30-3-14(c) 30-3-14(c) of this code.

(c) The board may deny an application for a license or other authorization to practice medicine and surgery or podiatry, or to practice as a licensed physician assistant,assistant in this state and may discipline a physician, or podiatrist, or physician assistant licensed or otherwise lawfully practicing in this state who, after a hearing, has been adjudged by the board as unqualified due to any of the following reasons:

(1) Attempting to obtain, obtaining, renewing, or attempting to renew a license or other authorization to practice medicine and surgerysurgery, or podiatrypodiatry, by bribery, fraudulent misrepresentation, or through known error of the board;

IntrCS for SB 650 2023R3696 (4) Aiding, assisting, procuring, or advising any unauthorized person to practice medicine and surgery or podiatry contrary to law;

(6) Requesting, receiving, or paying directly or indirectlyindirectly, a payment, rebate, refund, commission, credit, or other form of profit or valuable consideration for the referral of patients to any person or entity in connection with providing medical or other health care services or clinical laboratory services, supplies of any kind, drugs, medication, or any other medical goods, services, or devices used in connection with medical or other health care services;

(7) Unprofessional conduct by any physician, or podiatrist,podi atrist, or physician assistant in referring a patient to any clinical laboratory or pharmacy in which the physician, or podiatrist, or physician assistant has a proprietary interest unless the physician, or podiatrist, or physician assistant discloses in writing such interest to the patient.

CS for SB 650 (9) Making a deceptive, untrue, or fraudulent representation in the practice of medicine and Intr SB 650 2023R3696 surgery or podiatry;

(13) Prescribing, dispensing, administering, mixing, or otherwise preparing a prescription drug, including any controlled substance under state or federal law, other than in good-faithgood faith and in a therapeutic manner in accordance with accepted medical standards and in the course of the physician’s or podiatrist’s professional practice.

CS for SB 650 (17) Violating any provision of this article or a rule or order of the board or failing to comply Intr SB 650 2023R3696 with a subpoena or subpoena duces tecum issued by the board;

or (22) Knowingly failing to report to the board any act of gross misconduct committed by another licensee of the board or failing to comply with any reporting requirement set forth in §30-3-§30- 14(b)3-14(b) of this code.

(d) The board shall deny any application for a license or other authorization to practice medicine and surgery or podiatry in this state to any applicant, and shall revoke the license of any physician or podiatrist licensed or otherwise lawfully practicing within this statestate, who, is found guilty by any court of competent jurisdiction of any felony involving prescribing, selling, administering, dispensing, mixing, or otherwise preparing any prescription drug, including any controlled substance under state or federal law, for other than generally accepted therapeutic purposes.

A plea of nolo contendere has the CS for SB 650 same effect as a verdict or plea of guilt.

Upon application of a physician that has had his or her license Intr SB 650 2023R3696 revoked because of a drug-related felony conviction, upon completion of any sentence of confinement, parole, probation, or other court-ordered supervision, and full satisfaction of any fines, judgments, or other fees imposed by the sentencing court, the board may issue the applicant a new license upon a finding that the physician is, except for the underlying conviction, otherwise qualified to practice medicine:

(f) The investigating body, as provided in §30-3-14(e) of this code, may request and the board under any circumstances may require a physicianphysician, or podiatristpodiatrist, or person applying for CS for SB 650 licensure or other authorization to practice medicine and surgery or podiatry in this state to submit to a physical or mental examination by a physician or physicians approved by the board.

A Intr SB 650 2023R3696 physician or podiatrist submitting to an examination has the right, at his or her expense, to designate another physician to be present at the examination and make an independent report to the investigating body or the board.

(h) In every disciplinary or licensure denial action, the board shall furnish the physicianphysician, or podiatristpodiatrist, or applicant with written notice setting out with particularity the reasons for its action.

The physician or podiatrist has the right to defend against any charge by the introduction of evidence, the right to be represented by counsel, the right to present and cross examine witnesseswitnesses, and the right to have subpoenas and subpoenas duces tecum issued on his or her behalf for the attendance of witnesses and the production of documents.

CS for SB 650 (i) In disciplinary actions in which probable cause has been found by the board, the board shall, within 20 days of the date of service of the written notice of charges or 60 days prior to the Intr SB 650 2023R3696 date of the scheduled hearing, whichever is sooner, provide the respondent with the complete identity, address, and telephone number of any person known to the board with knowledge about the facts of any of the charges;

(j) Whenever it finds any person unqualified because of any of the grounds set forth in §30-§30-3-14(c) 3-14(c) of this code, the board may enter an order imposing one or more of the following:

CS for SB 650 (2) Administer a public reprimand;

(3) Suspend, limit, or restrict his or her license or other authorization to practice medicine Intr SB 650 2023R3696 and surgery or podiatry for not more than five years, including limiting the practice of that person to, or bybythe the exclusion of, one orormore more areas of practice, including limitations on practice privileges;

(7) Require him or herhertopractice to practice under the direction of a physician or podiatrist designated by the board for a specified period of time;