SB 29 — Allowing physicians assistants to own practice
Last action — To House Health and Human Resources
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House of Delegates
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5To Executive
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6Enacted
This bill died with 2025 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
350 added · 359 removedPlain-language change summary
The revised version of SB 29 now includes provisions that specifically allow physician assistants to own businesses and be shareholders in medical corporations. However, it also establishes that they cannot receive licenses for referrals if they have a financial interest in the services being offered. This change is important because it aims to clarify the role of physician assistants in healthcare while maintaining ethical standards regarding conflicts of interest. Additionally, it aligns the definition of "physician assistant" with contemporary terminology used by professional organizations.
WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 29 ByB SenatorYSENATOTAKUBO Takubo[Reported [Introduced February 12,26, 2025;2025, from the Committee on Health and Human Resources] CS for SB 29 A BILL to amend and reenact §30-3-14, §30-3-15, and §31B-13-1301 of the Code of West Virginia, 1931, as amended, relating to authorizing physician assistants to own a business;
referred to the Committee on Health and Human Resources] Intr SB 29 2025R1525 A BILL to amend and reenact §30-3-14, §30-3-15, and §31B-13-1301 of the Code of West Virginia, 1931, as amended, relating to authorizing physician assistants to own a business;
conforming the definition of "physician assistant" to the American Academy of Physician Associates’ term for the profession;
complaints by citizens, pharmacists, physicians, podiatrists, peer review committees, Intr SB 29 2025R1525 hospital administrators, professional societies, or others;
The board shall initiate an investigation if it receives notice that CS for SB 29 three or more judgments, or any combination of judgments and settlements resulting in five or more unfavorable outcomes arising from medical professional liability, have been rendered or made against the physician or podiatrist within a five-year period.
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.
Intr SB 29 2025R1525 (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 CS for SB 29 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.
Intr SB 29 2025R1525 (B) Engaging in sexual misconduct with a patient;
CS for SB 29 (C) Violating established medical or professional protocols regarding transferring controlled substances or prescribing controlled substances;
(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 29 2025R1525 (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.
IntrCS for SB 29 2025R1525 (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.
IntrCS for SB 29 2025R1525 (4) Aiding, assisting, procuring, or advising any unauthorized person to practice medicine and surgery or podiatry contrary to law;
(5) Making or filing a report that the person knows to be false;false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing the filing of a report or record required by state or federal law, or inducing another person to do any of the foregoing.
intentionally or negligently failing to file a report or record required by state or federal law;
willfully impeding or obstructing the filing of a report or record required by state or federal law;
or inducing another person to do any of the foregoing.
CS for SB 29 (9) Making a deceptive, untrue, or fraudulent representation in the practice of medicine and Intr SB 29 2025R1525 surgery or podiatry;
(11) Failing to keep written records justifying the course of treatment of a patient,patient including, but not limited to, patient histories, examination and test results, and treatment rendered, if any;
(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.
A physician who discharges his or her professional obligation to relieve the pain and suffering and promote the dignity and autonomy of dying patients in his or her care and, in so doing, exceeds the average dosage of a painpain-relieving relieving controlled substance, as defined in Schedules II and III of the Uniform Controlled Substance Act, does not violate this article;
CS for SB 29 (17) Violating any provision of this article or a rule or order of the board or failing to comply Intr SB 29 2025R1525 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,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 same CS for SB 29 effect as a verdict or plea of guilt.
Upon application of a physician that has had his or her license Intr SB 29 2025R1525 revoked because of a drug-related felony conviction, upon completion of any sentence of confinement, parole, probation, or other court-ordered supervision,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 physician or podiatrist or person applying for CS for SB 29 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 29 2025R1525 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 crosscross-examine examine witnesses 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 29 (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 29 2025R1525 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;
provide a list of proposed witnesses,witnesses with addresses and telephone numbers,numbers to be called at hearing,hearing with a brief summary of his or her anticipated testimony;
provide disclosuredisclosureof of any trial expert pursuant to the requirements of Rule 26(b)(4) of the West Virginia Rules of Civil Procedure;
(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 29 (2) Administer a public reprimand;
(3) Suspend, limit, or restrict his or her license or other authorization to practice medicine Intr SB 29 2025R1525 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;
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(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;
Provided, That a circuit judge may also remand the matter to the board if it appears from competent evidence presented to it in support of a motion for remand that there is newly discovered evidence CS for SB 29 of such a character as ought to produce an opposite result at a second hearing on the merits before the board and:
Intr SB 29 2025R1525 (1) The evidence appears to have been discovered since the board hearing;
(n) Any entity, organization, or person, including the board, any member of the board, its agents or employees, and any entity or organization or its members referred to in this article, any insurer, its agents or employees, a medical peer review committee and a hospital governing board, its members or any committee appointed by it acting without malice and without gross negligence in making any report or other information available to the board or a medical peer review committee pursuant to law and any person acting without malice and without gross negligence who assists in the organization, investigation, or preparation of any such report or CS for SB 29 information or assists the board or a hospital governing body or any committee in carrying out any of its duties or functions provided by law is immune from civil or criminal liability, except that the unlawful Intr SB 29 2025R1525 disclosure of confidential information possessed by the board is a misdemeanor as provided in this article.
Provided, That any medical records,records which were introduced at the hearing and which pertain to a person who has not expressly waived his or her right to the confidentiality of the records,records may not be open to the public nor is the public entitled to the records.
(q) If the board receives notice that a physician or podiatrist has been subjected to disciplinary action or has had his or her credentials suspended or revoked by the board, a hospital, or a professional society,society as defined in §30-3-14(b) of this code,code for three or more incidents during a five-year period, the board shall require the physician or podiatrist to practice under the direction CS for SB 29 of a physician or podiatrist designated by the board for a specified period of time to be established by the board.
Intr SB 29 2025R1525 (r) Notwithstanding any other provisions of this article, the board may, at any time, on its own motion, or upon motion by the complainant, or upon motion by the physician or podiatrist, or by stipulation of the parties, refer the matter to mediation.
This duty exists in addition to and is distinct from the reporting CS for SB 29 required under federal law for reporting actions relating to health care providers to the United States Department of Health and Human Services.
(u) The board shall propose rules for legislative approval in accordance with the provisions Intr SB 29 2025R1525 of §29A-3-1 et seq.
of this code which define sexual misconduct and identify prohibited professional misconduct, including sexual misconduct, for which an application may be denied and/or a license or other authorization to practice may be subject to disciplinary action by the board pursuant to this sectionsection. §30-3-15.
§30-3-15.
and or (B) A licensed physician assistant pursuant to §30-3E-1 et seq.;seq.
of this code;
— A medical corporation formed outside of this state for the purpose of engaging in the practice of medicine, CS for SB 29 surgery, and/or podiatric medicine, and/or medical acts through one or more licensed physician assistants,assistants may receive a certificate of authorization from the board to be designated a foreign medical corporation by:
Intr SB 29 2025R1525 (1) Filing a written application with the board on a form prescribed by the board;
of this code and is designated as the corporate representative for all communications with the board regarding the designation and continuing authorization of the corporation as a foreign medical corporation;
When the Secretary of State receives a notification from the board, he or she shall attach that certificate of authorization to the corporation application and, upon compliance by the corporation with the pertinent provisions of this code, shall notify the incorporators that the medical corporation, through licensed physicians, podiatrists, and/or physician assistantsassistants, may engage in the practice of medicine, surgery, or the practice of podiatry in West Virginia.
CS for SB 29 (e) Authorized practice of medical corporation.
Physicians, podiatric Intr SB 29 2025R1525 physicians, and physician assistants may be employees rather than shareholders of a medical corporation, and nothing herein requires a license for or other legal authorization of, any individual employed by a medical corporation to perform services for which no license or other legal authorization is otherwise required.
CS for SB 29 (i) Ceasing operation - Out-of-state medical corporation.
Intr SB 29 2025R1525 (1) The corporate shareholders no longer include at least one shareholder who is licensed to practice in this state pursuant to this article or §30-3E-1 et seq.;seq.
of this code;
of this code.
— Nothing in this section is meant or intended to change in any way the rights, duties, privileges, responsibilities, and liabilities incident to the physician-patient, CS for SB 29 or podiatrist-patient, or physician assistantassistant-patient relationship, nor is it meant or intended to change in any way the personal character of the practitioner-patient relationship.
of this code to obtain a Intr SB 29 2025R1525 certificate of authorization from the board so long as the hospital does not exercise control of the independent medical judgment of physiciansphysicians, and podiatric physicians, or physician assistants licensed pursuant to this article or §30-3E-1 et seq.
of this code.
(1) "Licensing(1) "Licensing board" means the governing body or agency established under §30-1-1 et§30-1-1 et seq.
(2) "Professional(2) "Professional limited liability company" means a limited liability company organized under this chapter for the purpose of rendering a professional service;
and (3) "Professional(3) "Professional service" means the services rendered by the following professions:
Attorneys-at-law under §30-2-1 et§30-2-1 et seq., physicians and podiatrists under §30-3-1 et§30-3-1 et seq., CS for SB 29 physician assistants under §30-3E-1 et seq., dentists under §30-4-1 et§30-4-1 et seq., optometrists under §30-8-1 et§30-8-1 et seq., accountants under §30-9-1 et§30-9-1 et seq., veterinarians under §30-10-1 et§30-10-1 et seq., architects under §30-12-1 et§30-12-1 et seq., engineers under §30-13-1 et§30-13-1 et seq., osteopathic physicians and surgeons under §30-14-1 et§30-14-1 et seq., chiropractors under §30-16-1 et§30-16-1 et seq., psychologists under §30- Intr21-1 SBet 29 2025R1525 21-1 et seq., social workers under §30-30-1 et§30-30-1 et seq., acupuncturists under §30-36-1 et§30-36-1 et seq.
and land surveyors under §30-13a-1 et§30-13a-1 et seq.
NOTE:
The purpose of this bill is to allow physician assistants to own a practice.
This bill also allows the West Virginia Board of Medicine to deny a license or other authorization to physician assistants who make unlawful referrals where that physician assistant has a proprietary interest.
It provides that the term "physician assistant" is synonymous with "physician associate" or whatever term the American Academy of Physician Associates designates as the proper term for the profession.
The bill further authorizes physician assistants to form a medical corporation and designates physician assistant as a professional service eligible for establishing a professional limited liability company.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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View plain text versions (2)
- Committee Substitute View text pdf
- Introduced Introduced Version Current pdf
Action History
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To House Health and Human Resources
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To Health and Human Resources
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Introduced in House
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House received Senate message
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Ordered to House
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Passed Senate (Roll No. 48)
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Read 3rd time
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On 3rd reading
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Read 2nd time
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On 2nd reading
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Read 1st time
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On 1st reading
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Committee substitute reported
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To Health and Human Resources
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Introduced in Senate
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To Health and Human Resources
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Filed for introduction
Sponsors
- Tom Takubo · Primary
- Robbie Morris · Cosponsor
- Bill Hamilton · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 2 co-sponsors · 149 not signed on
Sponsors (1)
- Tom Takubo Republican
Co-sponsors (2)
- Robbie Morris Republican
- Bill Hamilton Republican
Not signed on (149)
149 members have not signed on to this bill.
Show all 149 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 28 | 0 | 0 | 1 |
| Unaffiliated | 3 | 0 | 0 | 0 |
| Democrat | 2 | 0 | 0 | 0 |
| Total | 33 | 0 | 0 | 1 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (34)
| Member | Party | Vote |
|---|---|---|
| STUART | — | Yea |
| BOLEY | — | Yea |
| MR PRESIDENT | — | Yea |
| Joey Garcia | Democrat | Yea |
| Mike Woelfel | Democrat | Yea |
| Amy Grady | Republican | Yea |
| Anne B. Charnock | Republican | Yea |
| Ben Queen | Republican | Yea |
| Bill Hamilton | Republican | Yea |
| Brian Helton | Republican | Yea |
| Charles H. Clements | Republican | Yea |
| Chris Rose | Republican | Yea |
| Craig A. Hart | Republican | Yea |
| Darren Thorne | Republican | Yea |
| Eric Tarr | Republican | Yea |
| Glenn Jeffries | Republican | Yea |
| Jack Woodrum | Republican | Yea |
| Jason Barrett | Republican | Yea |
| Jay Taylor | Republican | Yea |
| Laura Wakim Chapman | Republican | Yea |
| Mark R. Maynard | Republican | Yea |
| Mike Azinger | Republican | Yea |
| Mike Oliverio | Republican | Yea |
| Patricia Rucker | Republican | Yea |
| Patrick Martin | Republican | Yea |
| Robbie Morris | Republican | Yea |
| Rollan A. Roberts | Republican | Yea |
| Rupie Phillips | Republican | Yea |
| Ryan Weld | Republican | Yea |
| Scott Fuller | Republican | Yea |
| T. Kevan Bartlett | Republican | Not Voting |
| Tom Takubo | Republican | Yea |
| Tom Willis | Republican | Yea |
| Vince Deeds | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors SB 29?
- SB 29 is sponsored by Tom Takubo (Republican), Robbie Morris (Republican), and Bill Hamilton (Republican).
- What is the current status of SB 29?
- This bill died with 2025 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 29?
- Track SB 29 free on One Click Politics — get push/email alerts when it moves.
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