SB 646 — Creating emeritus physician license

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 646 ByBY SenatorSENATONELSON Nelson[Originating [Introducedin Februarythe 15,Committee 2023;on Health and Human Resources;

referredreported to the Committee on HealthFebruary and22, Human2023] Resources]CS Intrfor SB 646 2023R3774 A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-3-12a, relating to creating an emeritus physician license;

(a) TheIn acknowledgement of the important service physicians, podiatric physicians, and physician assistants provide to the citizens of West Virginia, the board mayis issueauthorized to issue, without a fee, an emeritus physician license to a personprovider who iswas previously licensed by the board and who has fully retired from clinical professional practice if the provider was actively practicing medicine.in good standing in this state for a minimum of 10 consecutive years immediately preceding the provider’s retirement.

The(b) holderAn ofemeritus anlicense emeritusis physicianan honorific license mayand does not authorize the holder to practice medicineany profession in this state.state or engage in any clinical practice whatsoever.

The(c) boardAn shall deny issuance of an emeritus physician license tomay a person who is not qualifiedbe underconverted thisto sectiona license to holdpractice anthe emeritusholder’s license.profession.

(b)Emeritus Anlicensees applicationwho forseek anto emeritusreturn licenseto shallactive includeclinical allpractice ofmust apply to reactivate licensure and meet all the following:requirements for reactivation, including any continuing education requirements.

(1)(d) AAn copyemeritus oflicense theshall applicant’sbe medicalvalid educationfor andthe postgraduatelife trainingof documentsthe certifiedholder, aswithout trueperiodic andrenewal, accurateunless by the stateholder licensingreturns authorityto withactive whomclinical thepractice, physician holds current licensure or hasthe mostboard recentlyrevokes heldthe currentlicense. licensure;

(2)(e) AThe copyboard ofshall thepromulgate applicant’srules mostfor recentlegislative licenseapproval authorizingin theaccordance practicewith of medicine issued by a jurisdiction in the Unitedprovisions Statesof that§29A-3-1 licenseset personsseq. to practice medicine;

(3)of Evidencethis ofcode oneto ofeffectuate the following,provisions asof applicable:this section.

(i)Such Thatrules theshall applicantestablish: has maintained for at least 10 years immediately prior to retirement full licensure in good standing in any jurisdiction in the United States that licenses persons to practice allopathic or osteopathic medicine;

or(1) (ii)The Thatapplication theprocess applicant has practiced for atan leastemeritus 10license, yearswhich immediatelyshall, priorat to retirement in good standing as a doctorminimum, ofrequire allopathicthe orapplicant osteopathicto medicinedemonstrate oreligibility as a physician assistant in onecompliance orwith morethis ofsection; the branches of the United States armed services;

and(2) (iii)Grounds Afor notarizeddenial statementor fromrevocation theof applicant,an onemeritus alicense, formincluding, prescribedbut bynot thelimited board,to: that the applicant will provide any other documentation that the board reasonably may require.

(c)CS Thefor boardSB may646 charge(i) aEvidence one-timeof fee,active asclinical determinedpractice byin theany board,jurisdiction; for issuing an Intr SB 2023R3774 emeritus physician license.

(d)(ii) AnEvidence emeritusthat physicianthe licenseprovider shallretired notwhile requireunder renewalor andto shallavoid bea validpending for life, unless the board revokescomplaint suchor license.investigation process;

(e)or The(iii) boardEvidence maythat revoke an emeritus license upon receiving proof satisfactory to the boardprovider’s thatWest theVirginia holderlicense haswas engagedon inprobation, practicesuspended, inrevoked, thisor statesubject outsideto thedisciplinary scopesurrender ofprior the license.to retirement;

(f)and The(3) boardA mayprocess promulgate rules for legislativevoluntary approvalrelinquishment inan accordanceemeritus withlicense. the provisions of §29A-3-1 et seq.

of this code to effectuate the provisions of this article.

NOTE:

The purpose of this bill is to create an emeritus physician license for retired physicians.

The bill provides that when granted, a license is valid for life, unless revoked by the West Virginia Board of Medicine.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.