West Virginia 2026 Session Status: Enacted 2 R cosponsors

HB 5458 — Relating to professionals to be licensed by the West Virginia Board of Medicine

Last action — Chapter 263, Acts, Regular Session, 2026

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 12, 2026. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 R).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

In plain language

This bill relates to professionals licensed by the West Virginia Board of Medicine.

The bill addresses the licensing of certain professionals by the West Virginia Board of Medicine. It aims to clarify or update the requirements for these professionals.

Summary

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

Bill Text

What changed in the latest version

525 added · 618 removed

Plain-language change summary

The updated version of Bill HB 5458 includes the addition of a new section specifically for the Genetic Counselors Practice Act, which outlines the requirements for licensing genetic counselors and mandates criminal background checks for all applicants. It also repeals outdated provisions concerning radiologist assistants and administrative medicine licenses. These changes are significant because they establish updated regulations and oversight for genetic counseling, ensuring that professionals in this field are properly vetted and qualified, which helps to protect public health and safety.

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WEST VIRGINIA LEGISLATURE REGULAR SESSION ENGROSSED Committee Substitute for House Bill 5458 By Delegates Rohrbach and Ellington Originating in the Committee on Government Administration;
WEST VIRGINIA LEGISLATURE REGULAR SESSION ENROLLED Committee Substitute for House Bill 5458 By Delegates Rohrbach and Ellington Passed March 9, 2026;
Reported on Fe]ruary 25, 2026 Eng CS for HB 5458 A BILL 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;
in effect 90 days from passage (June 7, ]026) Enr CS for HB 5458 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;
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;
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;
repealing provisions relating to endorsement and temporary licensure\ repealing certain provisions relating to the practice of medicine and surgery in certain nursing homes;
repealing provisions relating to endorsement and temporary licensure;
repealing certain provisions relating to the practice of medicine and surgery in certain nursing homes;
authorizing the board or the Eng CS for HB 5458 Attorney General to seek certain injunctive relief;
authorizing the board or the Enr CS for HB 5458 Attorney General to seek certain injunctive relief;
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 find and imprisoned.
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.
Be it enacted by the Legislature of West Virginia:8 ARTICLE 1D.
Be it enacted by the Legislature of West Virginia:
ARTICLE 1D.
Section ten, article three of this chapter;
§30-3-10, §30-3-10b, §30-3E-4, §30-3H-5;
section four, article three-e of this chapter;
section eight, article four of this chapter;
section nine, article five of this chapter;
section six, article seven of this chapter;
section three, article seven-a of this chapter;
section eight, article eight of this chapter;
section eight, article ten of this chapter;
section four, article fourteen of this chapter;
and section seven, article twenty-one of this chapter §30-3-10, §30- 3-10b, §30-3E-4, §30-3H-5;
§30-5-9;
§30- 5-9;
Eng CS for HB 5458 (2) The criminal history record check shall be based on fingerprints submitted to the West Virginia State Police or its assigned agent for forwarding to the Federal Bureau of Investigation.
(2) The criminal history record check shall be based on fingerprints submitted to the West Virginia State Police or its assigned agent for forwarding to the Federal Bureau of Investigation.
and (B) Authorizing the board, the West Virginia State Police and the Federal Bureau of Investigation to use all records submitted and produced for the purpose of screening the applicant for a license.
and Enr CS for HB 5458 (B) Authorizing the board, the West Virginia State Police and the Federal Bureau of Investigation to use all records submitted and produced for the purpose of screening the applicant for a license.
(5) The criminal history record check and related records are not public records for the purposes of chapter twenty-nine-b §29B-1-1, et seq.
(5) The criminal history record check and related records are not public records for the purposes of §29B-1-1, et seq.
(d) Before implementing the provisions of this subsection, the board shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a §29A-3-1 of this code.
(d) Before implementing the provisions of this subsection, the board shall propose rules for legislative approval in accordance with §29A-3-1 of this code.
The rules shall set forth the requirements and procedures for the criminal history check and must be consistent with standards established by the Federal Bureau of Investigation and the National Crime Prevention and Privacy Compact as authorized by 42 U.
The rules shall set forth the requirements and procedures for the criminal history check and must be consistent with standards established by the Federal Bureau of Investigation and the National Crime Prevention and Privacy Compact as authorized by, 34 U.S.C.
S.
C.
A.
§14611, 34 U.S.C.
Eng CS for HB 5458 As used in this article:
As used in this article:
"Administrative medicine" means administration or management related to the practice of medicine or to the delivery of health care services using the medical knowledge, skill, and judgment of a licensed physician that may affect the health of the public or medical research, excluding clinical trials on humans.
"Administrative medicine" means administration or management related to the practice of medicine or to the delivery of health care services using the medical knowledge, skill, and judgment of a licensed physician that may affect the health of the public or medical research, Enr CS for HB 5458 excluding clinical trials on humans.
(1) "Board" means the West Virginia Board of Medicine established in section five §30-3-5 of this article code.
"Board" means the West Virginia Board of Medicine established in §30-3-5 of this code.
Eng CS for HB 5458 (A) Direct involvement in patient evaluation, diagnosis, and treatment;
(A) Direct involvement in patient evaluation, diagnosis, and treatment;
and (D) Supervision of physicians or podiatrists who practice clinical medicine, physicians and podiatrists engaged in graduate medical education, physician assistants who render medical services in collaboration with physicians, and/or the clinical practice of any other medical professional.
and (D) Supervision of physicians or podiatrists who practice clinical medicine, physicians and podiatrists engaged in graduate medical education, physician assistants who render medical Enr CS for HB 5458 services in collaboration with physicians, and/or the clinical practice of any other medical professional.
(2) "Medical peer review committee" means a committee of, or appointed by, a state or local professional medical society, or a committee of, or appointed by, a medical staff of a licensed hospital, long-term care facility or other health care facility, or any health care peer review organization as defined in section one, article three-c §30-3C-1 of this chapter code, or any other organization of professionals in this state formed pursuant to state or federal law and authorized to evaluate medical and health care services.
"Medical peer review committee" means a committee of, or appointed by, a state or local professional medical society, or a committee of, or appointed by, a medical staff of a licensed hospital, long-term care facility or other health care facility, or any health care peer review organization as defined in §30-3C-1 of this code, or any other organization of professionals in this state formed pursuant to state or federal law and authorized to evaluate medical and health care services.
(3) "Practice of medicine and surgery" means the diagnosis or treatment of, or operation or prescription for, any human disease, pain, injury, deformity or other physical or mental condition.
"Practice of medicine and surgery" means the diagnosis or treatment of, or operation or prescription for, any human disease, pain, injury, deformity or other physical or mental condition.
Eng CS for HB 5458 (4) "Practice of podiatry" means the examination, diagnosis, treatment, prevention and care of conditions and functions of the human foot and ankle by medical, surgical and other scientific knowledge and methods;
"Practice of podiatry" means the examination, diagnosis, treatment, prevention and care of conditions and functions of the human foot and ankle by medical, surgical and other scientific knowledge and methods;
and medical and surgical treatment of warts and other dermatological lesions of the hand which similarly occur in the foot.
and medical and surgical Enr CS for HB 5458 treatment of warts and other dermatological lesions of the hand which similarly occur in the foot.
(5) "State health officer" means the commissioner for the Bureau for Public Health or his or her designee, which officer or designee shall be a physician and shall act as secretary of the board a physician licensed to practice in this state who has been appointed pursuant to §16-1-5 of this code.
"State health officer" means a physician licensed to practice in this state who has been appointed pursuant to §16-1-5 of this code.
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1 (a) The West Virginia Board of Medicine has assumed, carried on, and succeeded to all the duties, rights, powers, obligations, and liabilities heretofore belonging to or exercised by the Medical Licensing Board of West Virginia.
(a) The West Virginia Board of Medicine has assumed, carried on, and succeeded to all the duties, rights, powers, obligations, and liabilities heretofore belonging to or exercised by the Medical Licensing Board of West Virginia.
The board remains the sole authority for the issuance of licenses to practice allopathic medicine and surgery, to practice and podiatry, and to practice as physician assistants in this state under the supervision of in collaboration with physicians licensed under this article.
The board remains the sole authority for the issuance of licenses to practice allopathic medicine and surgery and podiatry, and to practice as Enr CS for HB 5458 physician assistants in this state in collaboration with physicians licensed under this article.
The board shall consist of 15 members.
One member shall be the state health officer ex officio, with the right to vote as a member of the board.
The other 14 members shall be appointed by the Governor, with the advice and consent of the Senate.
Eight of the members shall be appointed from among individuals holding the degree of doctor of medicine, and one shall hold the degree of doctor of podiatric medicine.
Two members shall be physician assistants licensed by the board.
Each of these members must be duly licensed to practice his or her profession in this state on the date of appointment and must have been licensed and actively practicing that profession for at least five years immediately preceding the date of appointment.
Three lay members shall be appointed to represent health care consumers.
Neither the lay members nor any person of the lay members’ immediate families shall be a provider of or be employed by a provider of health care services.
The state health officer’s term shall continue for the period that he or she holds office as state health officer.
Each other member of the board shall be appointed to serve a term of five years:
Provided, That the members of the Board of Medicine holding appointments on the effective date of this section shall continue to serve as members of the Board of Medicine until the expiration of their term unless sooner removed.
Each term shall begin on October 1 of the Eng CS for HB 5458 applicable year and a member may not be appointed to more than two consecutive full terms on the board.
A person is not eligible for membership on the board who is a member of any political party executive committee or, with the exception of the state health officer, who holds any public office or public employment under the federal government or under the government of this state or any political subdivision thereof.
In making appointments to the board, the Governor shall, so far as practicable, select the members from different geographical sections of the state.
When a vacancy on the board occurs and less than one year remains in the unexpired term, the appointee shall be eligible to serve the remainder of the unexpired term and two consecutive full terms on the board.
No member may be removed from office by the Governor except for official misconduct, incompetence, neglect of duty, or gross immorality:
Provided, That the expiration, surrender, or revocation of the professional license by the board of a member of the board shall cause the membership to immediately and automatically terminate.
Eng CS for HB 5458 (d) A person is not eligible for membership on the board who is a member of any political party executive committee or, with the exception of the state health officer, who holds any public office.
(d) A person is not eligible for membership on the board who is a member of any political party executive committee or, with the exception of the state health officer, who holds any public office.
"Active clinical practice" means that the licensee is engaged in the full-time practice of clinical medicine in West Virginia for a minimum of 50 percent of the licensee's professional practice.
Enr CS for HB 5458 "Active clinical practice" means that the licensee is engaged in the full-time practice of clinical medicine in West Virginia for a minimum of 50 percent of the licensee's professional practice.
or Eng CS for HB 5458 (C) Is employed by an entity which provides health care goods or services to West Virginia patients if the individual’s work responsibilities relate, in whole or in part, to the delivery of health care services, health care administration, management, or policy.
or (C) Is employed by an entity which provides health care goods or services to West Virginia patients if the individual’s work responsibilities relate, in whole or in part, to the delivery of health care services, health care administration, management, or policy.
(k) Excepting the state health officer, whose term shall be limited to their service in that office, a member of the board immediately and automatically forfeits membership to the board if:
Enr CS for HB 5458 (k) Excepting the state health officer, whose term shall be limited to their service in that office, a member of the board immediately and automatically forfeits membership to the board if:
Eng CS for HB 5458 Every two years the board shall elect from among its members a president and vice president.
Every two years the board shall elect from among its members a president and vice president.
Special meetings and emergency meetings of the board may be called by the joint action of the president and vice president or by any three members of the board on seven days' prior written notice by mail postage prepaid or electronic means or, in case of emergency, on two days' notice by telephone and electronic means.
Special meetings and emergency meetings of the board may be called by the joint action of the president and vice president or by any three members of the board.
With the exception of the state health officer, members of the board shall receive compensation and expense reimbursement in accordance with section eleven, article one §30-1-11 of this chaptercode.
With the exception of the state health officer, members of the board shall receive compensation and expense reimbursement in accordance with §30-1-11 of this code.
Disciplinary proceedings, prior to a finding of probable cause as provided in subsection §30-3-14(p), section fourteen of this articlecode, shall be held in closed sessions, unless the party subject to discipline requests that the proceedings be held in public session.
Disciplinary proceedings, prior to a finding of probable cause as provided in §30-3-14(p) of this code, shall be held in closed sessions, unless the party subject to discipline requests that the proceedings be held in public session.
§30-3-7.
Enr CS for HB 5458 §30-3-7.
(a) The board is autonomous and, in accordance with this article, shall determine qualifications of applicants for licenses and other practice credentials to practice medicine and surgery, to practice podiatry, and to practice as a physician assistant for a physician in collaboration with physicians licensed under this article or §30-14-1 et.
(a) The board is autonomous and, in accordance with this article, shall determine qualifications of applicants for licenses and other practice credentials to practice medicine and surgery, to practice podiatry, and to practice as a physician assistant in collaboration with physicians licensed under this article or §30-14-1 et.
Eng CS for HB 5458 (2) Hold hearings and conduct investigations, subpoena witnesses and documents and administer oaths;
(2) Hold hearings and conduct investigations, subpoena witnesses and documents and administer oaths;
(6) Establish and certify standards for the supervision and certification of physician assistants;
(6) Establish and certify standards for physician assistants;
(7) Authorize medical and podiatry corporations in accordance with the limitations of section fifteen §30-3-15 of this article code to practice medicine and surgery or podiatry through duly licensed physicians, or podiatrists or physician assistants;
(7) Authorize medical and podiatry corporations in accordance with the limitations of §30- 3-15 of this code to practice medicine and surgery or podiatry through duly licensed physicians, podiatrists or physician assistants;
and (8) Establish the circumstances under which the approval of applications and the issuance of licenses and other practice credentials may be delegated to board staff;
(8) Establish the circumstances under which the approval of applications and the issuance of licenses and other practice credentials may be delegated to board staff;
(b) The board shall submit an annual report of its activities to the Legislature.
Enr CS for HB 5458 (b) The board shall submit an annual report of its activities to the Legislature.
Eng CS for HB 5458 The state health officer, in addition to being a member of the board, shall act as its secretary.
The state health officer, in addition to being a member of the board, shall act as its secretary.
Such The record may include, in accordance with rules established by the board, additional items relating to the individual's record of professional practice that will facilitate proper review of such individual's professional competence.
The record may include, in accordance with rules established by the board, additional items relating to the individual's record of professional practice that will facilitate proper review of such individual's professional competence.
(c) A physician, podiatrist, physician assistant or applicant, or authorized representative thereof, has the right, upon request, to examine his or her own individual historical record maintained by the board pursuant to this article and to place into such record a statement of reasonable length of his or her own view of the correctness or relevance of any information existing in such record.
(c) A physician, podiatrist, physician assistant or applicant, or authorized representative thereof, has the right, upon request, to examine his or her own individual historical record Enr CS for HB 5458 maintained by the board pursuant to this article and to place into such record a statement of reasonable length of his or her own view of the correctness or relevance of any information existing in such record.
Such The statement shall at all times accompany that part of the record in contention.
The statement shall at all times accompany that part of the record in contention.
Eng CS for HB 5458 (e) A physician, podiatrist, physician assistant or applicant shall be provided written notice within thirty 30 days of the placement and substance of any information in his or her individual historical record that pertains to him or her and that was not submitted to the board by him or her.
(e) A physician, podiatrist, physician assistant or applicant shall be provided written notice within 30 days of the placement and substance of any information in his or her individual historical record that pertains to him or her and that was not submitted to the board by him or her.
(f) Except for information relating to biographical background, education, professional training and practice, a voluntary agreement entered into pursuant to subsection §30-3-9(h) of this sectioncode and which has been disclosed to the board, prior disciplinary action by any entity, or information contained on the licensure application, the board shall expunge information in an individual's historical record unless it has initiated a proceeding for a hearing upon such information within two years of the placing of the information into the historical record.
(f) Except for information relating to biographical background, education, professional training and practice, a voluntary agreement entered into pursuant to §30-3-9(h) of this code and which has been disclosed to the board, prior disciplinary action by any entity, or information contained on the licensure application, the board shall expunge information in an individual's historical record unless it has initiated a proceeding for a hearing upon such information within two years of the placing of the information into the historical record.
(h)(1) In order to encourage voluntary participation in monitored alcohol chemical dependency or major mental illness programs and in recognition of the fact that major mental illness, alcoholism and chemical dependency are illnesses, a physician, podiatrist or physician assistant licensed, certified or otherwise lawfully practicing in this state or applying for a license to practice in this state may enter into a voluntary agreement with the physician health program as defined in section two, article three-d §30-3D-2 of this chapter code.
(h)(1) In order to encourage voluntary participation in monitored alcohol chemical dependency or major mental illness programs and in recognition of the fact that major mental illness, alcoholism and chemical dependency are illnesses, a physician, podiatrist or physician assistant licensed, certified or otherwise lawfully practicing in this state or applying for a license to practice in this state may enter into a voluntary agreement with the physician health program as defined in §30-3D-2 of this code.
(2) Any voluntary agreement entered into pursuant to this subsection shall not be considered a disciplinary action or order by the board, shall not be disclosed to the board and shall not be public information if:
Enr CS for HB 5458 (2) Any voluntary agreement entered into pursuant to this subsection shall not be considered a disciplinary action or order by the board, shall not be disclosed to the board and shall not be public information if:
Eng CS for HB 5458 (A) SuchThe voluntary agreement is the result of the physician, podiatrist or physician assistant self-enrolling or voluntarily participating in the board-designated physician health program;
(A) The voluntary agreement is the result of the physician, podiatrist or physician assistant self-enrolling or voluntarily participating in the board-designated physician health program;
(B) The board has not received nor filed any written complaints regarding said physician, podiatrist or physician assistant relating to an alcohol, chemical dependency or major mental illness affecting the care and treatment of patients, nor received any reports pursuant to subsection §30-3-14(b), section fourteen of this articlecode relating to an alcohol or chemical dependency impairment;
(B) The board has not received nor filed any written complaints regarding said physician, podiatrist or physician assistant relating to an alcohol, chemical dependency or major mental illness affecting the care and treatment of patients, nor received any reports pursuant to §30-3- 14(b) of this code relating to an alcohol or chemical dependency impairment;
(3) If any physician, podiatrist or physician assistant enters into a voluntary agreement with the board-approved physician health program, pursuant to this subsection and then fails to comply with or fulfill the terms of said agreement, the physician health program shall report the noncompliance to the board within twenty-four24 hours.
(3) If any physician, podiatrist or physician assistant enters into a voluntary agreement with the board-approved physician health program, pursuant to this subsection and then fails to comply with or fulfill the terms of said agreement, the physician health program shall report the noncompliance to the board within 24 hours.
The board may initiate disciplinary proceedings pursuant to subsection §30-3-14(a)(1), section fourteen of this articlecode or may permit continued participation in the physician health program or both.
The board may initiate disciplinary proceedings pursuant to §30-3-14(a)(1), of this code or may permit continued participation in the physician health program or both.
In the board's annual report of its activities to the Legislature required under section seven §30-3-7 of this articlecode, the board shall include information regarding the success of the voluntary agreement mechanism established therein:
In the board's annual report of its activities to the Legislature required under §30-3-7 of this code, the board shall include information regarding the success of the voluntary agreement Enr CS for HB 5458 mechanism established therein:
Provided, That in making suchthe report, Eng CS for HB 5458 the board shallmay not disclose any personally identifiable information relating to any physician, podiatrist or physician assistant participating in a voluntary agreement as provided herein.
Provided, That in making the report, the board may not disclose any personally identifiable information relating to any physician, podiatrist or physician assistant participating in a voluntary agreement as provided herein.
Licenses to practice allopathic and podiatric medicine and surgery or podiatry.
Licenses to practice allopathic and podiatric medicine and surgery.
(a) A person seeking licensure as an allopathic physician shall apply to the board.
(a) License to Practice Allopathic Medicine and Surgery.
(b) License to Practice Allopathic Medicine and Surgery.
The board may grant a license to practice allopathic medicine and surgery to an applicant A license may be granted to an applicant who has graduated and received the degree of doctor of medicine or its equivalent from a school of medicine located within the United States, the Commonwealth of Puerto Rico, or Canada, and is approved by the Liaison Committee on Medical Education LCME or by the board, and who:
The board may grant a license to practice allopathic medicine and surgery to an applicant who has graduated and received the degree of doctor of medicine or its equivalent from a school of medicine located within the United States, the Commonwealth of Puerto Rico, or Canada, and is approved by the LCME or by the board, and who:
Eng CS for HB 5458 (2) Pays the applicable fees;
Enr CS for HB 5458 (2) Pays the applicable fees;
(A) Is of good moral character;
(A) Is physically and mentally capable of engaging in the practice of medicine and surgery;
(BA) Is physically and mentally capable of engaging in the practice of medicine and surgery;
(B) Has, within 10 consecutive years, passed all component parts of the USMLE or any prior examination or examination series approved by the board which relates to a national standard, is administered in the English language, and is designed to ascertain an applicant’s fitness to practice medicine and surgery:
(CB) Has, within 10 consecutive years, passed all component parts of the United States Medical Licensing ExaminationUSMLE or any prior examination or examination series approved by the board which relates to a national standard, is administered in the English language, and is designed to ascertain an applicant’s fitness to practice medicine and surgery:
(DC) Has successfully completed:
(C) Has successfully completed one year of approved graduate medical education;
one year of approved graduate medical education;
and (D) Meets any other criteria for licensure set forth in this article or in rules promulgated by the board pursuant to §30-3-7 of this code and in accordance with §29A-3-1 et seq.
and (i) A minimum of one year of graduate clinical training in a program is approved by the Accreditation Council for Graduate Medical Education;
or (ii) A graduate medical education residency program outside of the United States and a minimum of one year of fellowship training in the United States in a clinical field related to the applicant’s residency training which was completed:
(I) At an institution that sponsors or operates a residency program in the same clinical field or a related clinical field approved by the Accreditation Council for Graduate Medical Education;
or (II) At a time when accreditation was not available for the fellowship’s clinical field and the board has determined that the training was similar to accredited training due to objective standards, including, but not limited to, the presence of other accredited programs at the sponsoring institution during the applicant’s clinical training at the fellowship location;
and (ED) Meets any other criteria for licensure set forth in this article or in rules promulgated by the board pursuant to §30-3-7 of this code and in accordance with §29A-3-1 et seq.
Eng CS for HB 5458 (cb) License to Practice Allopathic Medicine and Surgery – International Medical Graduates who have completed approved graduate medical education.
(b) License to Practice Allopathic Medicine and Surgery – International Medical Graduates who have completed approved graduate medical education.
The board may grant a license to practice allopathic medicine and surgery to an applicant A license may be granted to an applicant who has received the degree of doctor of medicine or its equivalent from a an approved school of medicine located outside of the United States, the Commonwealth of Puerto Rico, and Canada, who:
The board may grant a license to practice allopathic medicine and surgery to an applicant who has received the degree of doctor of medicine or its equivalent from an approved school of medicine located outside of the United States, the Commonwealth of Puerto Rico, and Canada, who:
(A) Is of good moral character;
(A) Is physically and mentally capable of engaging in the practice of medicine and surgery;
(BA) Is physically and mentally capable of engaging in the practice of medicine and surgery;
(B) Has, within 10 consecutive years, passed all component parts of the USMLE or any prior examination or examination series approved by the board which relates to a national standard, is administered in the English language, and is designed to ascertain an applicant’s fitness to practice medicine and surgery:
(CB) Has, within 10 consecutive years, passed all component parts of the United States Medical Licensing Examination USMLE or any prior examination or examination series approved by the board which relates to a national standard, is administered in the English language, and is designed to ascertain an applicant’s fitness to practice medicine and surgery:
Provided, That the board may accept an examination Enr CS for HB 5458 sequence which was successfully completed in more than 10 consecutive years if the applicant holds current specialty board certification from a member board of ABMS;
Provided, That the board may accept an examination sequence which was successfully completed in more than 10 consecutive years if the applicant holds current specialty board certification from a member board of ABMS;
(C) Has successfully completed:
(DC) Has successfully completed:
(i) Two years of approved graduate medical education;
(i) A minimum of two years of graduate clinical training approved by the Accreditation Council for Graduate Medical Education;
or (ii) One year of approved graduate medical education and the applicant holds a current certification by a member board of the ABMS;
Two years of approved graduate medical education;
(D) Holds a valid ECFMG certification or:
or (ii) A minimum of one year of graduate clinical training approved by the Accreditation Council for Graduate Medical Education or one year of fellowship training which comports with the requirements of subparagraph (iii) of this paragraph One year of approved graduate medical Eng CS for HB 5458 education and the applicant holds a current certification by a member board of the American Board of Medical SpecialtiesABMS;
or (iii) A graduate medical education residency program outside of the United States and a minimum of two years of fellowship training in the United States in a clinical field related to the applicant’s residency training which was completed:
(I) At an institution that sponsors or operates a residency program in the same clinical field or a related clinical field approved by the Accreditation Council for Graduate Medical Education;
or (II) At a time when accreditation was not available for the fellowship’s clinical field and the board has determined that the training was similar to accredited training due to objective standards, including, but not limited to, the presence of other accredited programs at the sponsoring institution during the applicant’s clinical training at the fellowship location;
(ED) Holds a valid ECFMG certificate certification issued by the Educational Commission for Foreign Medical Graduates or:
(FE) Can communicate in the English language;
(E) Can communicate in the English language;
and (GF) Meets any other criteria for licensure set forth in this article or in rules promulgated by the board pursuant to §30-3-7 of this code and in accordance with §29A-3-1 et seq.
and (F) Meets any other criteria for licensure set forth in this article or in rules promulgated by the board pursuant to §30-3-7 of this code and in accordance with §29A-3-1 et seq.
(dc) License to Practice Allopathic Medicine and Surgery – International Medical Graduates who have not completed two years of approved graduate medical education.
(c) License to Practice Allopathic Medicine and Surgery – International Medical Graduates who have not completed two years of approved graduate medical education.
Eng CS for HB 5458 The board may grant a license to practice allopathic medicine and surgery to an applicant who has received the degree of doctor of medicine or its equivalent from an approved school of medicine located outside of the United States, the Commonwealth of Puerto Rico, and Canada and who has not completed approved graduate medical education in the United States or Canada if the applicant:
The board may grant a license to practice allopathic medicine and surgery to an applicant who has received the degree of doctor of medicine or its equivalent from an approved school of medicine located outside of the United States, the Commonwealth of Puerto Rico, and Canada and who has not completed approved graduate medical education in the United States or Canada if the applicant:
(1) Satisfies all the requirements of §30-3-10(b) of this code except for the completion of approved graduate medical education;
Enr CS for HB 5458 (1) Satisfies all the requirements of §30-3-10(b) of this code except for the completion of approved graduate medical education;
and Eng CS for HB 5458 (D) Demonstrates competency to practice administrative medicine.
and (D) Demonstrates competency to practice administrative medicine.
(3) The board may deny an application for an administrative medicine license and may discipline an administrative medicine licensee who, after a hearing, has been adjudged by the board as unqualified due to any reason set forth in §30-3-14 of this code or the board’s rules and pursuant to the processes set forth therein.
Enr CS for HB 5458 (3) The board may deny an application for an administrative medicine license and may discipline an administrative medicine licensee who, after a hearing, has been adjudged by the board as unqualified due to any reason set forth in §30-3-14 of this code or the board’s rules and pursuant to the processes set forth therein.
(e) A person seeking licensure as a podiatrist shall apply to the board.
(e) License to practice podiatric medicine and surgery - The board may grant a license to practice podiatric medicine and surgery to an applicant who:
A license may be granted to an applicant whoLicense to practice podiatric medicine and surgery - The board may grant a license to practice podiatric medicine and surgery to an applicant who:
(A) Is of good moral character;
(A) Is physically and mentally capable of engaging in the practice of podiatric medicine and surgery;
(BA) Is physically and mentally capable of engaging in the practice of podiatric medicine and surgery;
(B) Has graduated and received the degree of doctor of podiatric medicine or its equivalent from a school of podiatric medicine approved by the Council of Podiatric Medical Education or by the board;
(CB) Has graduated and received the degree of doctor of podiatric medicine or its equivalent from a school of podiatric medicine approved by the Council of Podiatric Medical Education or by the board;
(C) Has, within 10 consecutive years, passed all component parts of the APMLE, or any prior examination or examination series approved by the board which relates to a national standard, is administered in the English language, and is designed to ascertain an applicant’s fitness to practice podiatric medicine;
(DC) Has, within 10 consecutive years, passed all component parts of the American Podiatric Medical Licensing ExaminationAPMLE, or any prior examination or examination series Eng CS for HB 5458 approved by the board which relates to a national standard, is administered in the English language, and is designed to ascertain an applicant’s fitness to practice podiatric medicine;
(D) Has successfully completed a minimum of one year of graduate clinical training in a program approved by the Council on Podiatric Medical Education or the Colleges of Podiatric Medicine.
(ED) Has successfully completed a minimum of one year of graduate clinical training in a program approved by the Council on Podiatric Medical Education or the Colleges of Podiatric Medicine.
and (FE) Meets any other reasonable criteria for licensure set forth in this article or in legislative rules promulgated by the board.
and Enr CS for HB 5458 (E) Meets any other reasonable criteria for licensure set forth in this article or in legislative rules promulgated by the board.
(e) Notwithstanding any of the provisions of this article, the board may issue a restricted license to an applicant in extraordinary circumstances under the following conditions:
(f) An applicant for a license may be required by the board, in its discretion, to appear for a personal interview and may be required to produce original documents for review by the board.
(1) Upon a finding by the board that based on the applicant’s exceptional education, training, and practice credentials, the applicant’s practice in the state would be beneficial to the public welfare;
(g) All licenses to practice medicine and surgery granted prior to July 1, 2008, and valid on that date shall continue in full effect for the term and under the conditions provided by law at the time of the granting of the license.
(2) Upon a finding by the board that the applicant’s education, training, and practice credentials are substantially equivalent to the requirements of licensure established in this article;
(h) The board may not issue a license to a person not previously licensed in West Virginia whose license has been revoked or suspended in another state until reinstatement of his or her license in that state.
(3) Upon a finding by the board that the applicant received his or her post-graduate medical training outside of the United States and its territories;
(i) The board may not issue an initial license, reinstate, or reactivate a license, to any individual whose license has been revoked, suspended, surrendered, or deactivated in another state based upon conduct which is substantially equivalent to an act of unprofessional conduct prohibited by §30-3-14(c) of this code or the board’s legislative rules, until reinstatement of his or her license in that state.
(4) That the restricted license issued under extraordinary circumstances is approved by a vote of three fourths of the members of the board;
(j) The board need not reject a candidate for a nonmaterial technical or administrative error or omission in the application process that is unrelated to the candidate’s professional qualifications as long as there is sufficient information available to the board to determine the eligibility and qualifications of the candidate for licensure.
and (5) That orders denying applications for a restricted license under this subsection are not appealable.
(f) The board may propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq.
of this code that establish and regulate the restricted license issued to an applicant in extraordinary circumstances pursuant to the provisions of this section.
Eng CS for HB 5458 (gf) Personal interviews by board members of all applicants are not required.
An applicant for a license may be required by the board, in its discretion, to appear for a personal interview and may be required to produce original documents for review by the board.
(hg) All licenses to practice medicine and surgery granted prior to July 1, 2008, and valid on that date shall continue in full effect for the term and under the conditions provided by law at the time of the granting of the license:
Provided, That the provisions of subsection (d) of this section do not apply to any person legally entitled to practice chiropody or podiatry in this state prior to June 11, 1965:
Provided, however, That all persons licensed to practice chiropody prior to June 11, 1965, are permitted to use the term “chiropody-podiatry” and shall have the rights, privileges, and responsibilities of a podiatrist set out in this article.
(ih) The board shall may not issue a license to a person not previously licensed in West Virginia whose license has been revoked or suspended in another state until reinstatement of his or her license in that state.
(ji) The board shall may not issue an initial license, reinstate, or reactivate a license, to any individual whose license has been revoked, suspended, surrendered, or deactivated in another state based upon conduct which is substantially equivalent to an act of unprofessional conduct prohibited by §30-3-14(c) of this code or the board’s legislative rules, until reinstatement of his or her license in that state.
(kj) The board need not reject a candidate for a nonmaterial technical or administrative error or omission in the application process that is unrelated to the candidate’s professional qualifications as long as there is sufficient information available to the board to determine the eligibility and qualifications of the candidate for licensure.
"Without examination" means that the board may not require an applicant to sit for the USMLE or any prior examination or examination series approved by the board to be eligible for Eng CS for HB 5458 licensure.
"Without examination" means that the board may not require an applicant to sit for the USMLE or any prior examination or examination series approved by the board to be eligible for licensure.
Individuals who have failed one or more steps of an approved licensing examination are not eligible for licensure pursuant to this section until such time as the failed test attempt has been superseded by a successful exam attempt.
Individuals who have failed one or more steps of an approved licensing examination are not Enr CS for HB 5458 eligible for licensure pursuant to this section until such time as the failed test attempt has been superseded by a successful exam attempt.
Eng CS for HB 5458 (1) The board shall issue a limited license to practice allopathic medicine and surgery, without examination, to an individual appointed to a West Virginia medical school faculty who holds a valid license to practice medicine and surgery from another state, the District of Columbia, the Commonwealth of Puerto Rico, or Canada and who:
(1) The board shall issue a limited license to practice allopathic medicine and surgery, without examination, to an individual appointed to a West Virginia medical school faculty who Enr CS for HB 5458 holds a valid license to practice medicine and surgery from another state, the District of Columbia, the Commonwealth of Puerto Rico, or Canada and who:
(3) A physician issued a medical school faculty license under this section shall keep all medical licenses issued by other jurisdictions in good standing and shall notify the board, within 15 Eng CS for HB 5458 days of its occurrence, of any denial, suspension or revocation of or any limitation placed on a medical license issued by another jurisdiction.
(3) A physician issued a medical school faculty license under this section shall keep all medical licenses issued by other jurisdictions in good standing and shall notify the board, within 15 days of its occurrence, of any denial, suspension or revocation of or any limitation placed on a medical license issued by another jurisdiction.
(d) Summer Camp License.
Enr CS for HB 5458 (d) Summer Camp License.
[Repealed.] CS for HB 5458 §30-3-11b.
[Repealed.] §30-3-11b.
[Repealed.] ARTICLE 3H.
Enr CS for HB 5458 [Repealed.] ARTICLE 3H.
"ACS permit" means a permit issued to an individual who has attained Active Candidate Status to take the ABGC certification examination in general genetics and genetic counseling Eng CS for HB 5458 which authorizes the permit holder to practice genetic counseling under the supervision of a qualified supervisor.
"ACS permit" means a permit issued to an individual who has attained Active Candidate Status to take the ABGC certification examination in general genetics and genetic counseling which authorizes the permit holder to practice genetic counseling under the supervision of a qualified supervisor.
"Board" means the West Virginia Board of Medicine established in §30-3-1 et seq.
Enr CS for HB 5458 "Board" means the West Virginia Board of Medicine established in §30-3-1 et seq.
Eng CS for HB 5458 (a) Effective July 1, 2026, and except as provided in subsection (b) of this section, a person may not engage, or offer to engage, in the practice of genetic counseling to patients in this state without a current, valid license issued by the board.
(a) Effective July 1, 2026, and except as provided in subsection (b) of this section, a person may not engage, or offer to engage, in the practice of genetic counseling to patients in this state without a current, valid license issued by the board.
(1) Any person, such as a physician, advanced practiced registered nurse, or physician assistant, who is lawfully practicing within the scope of the person's profession, is engaged in work of a nature consistent with the person's training, and has a license, permit, registration, certification, or other authorization to practice his or her profession in West Virginia;
Enr CS for HB 5458 (1) Any person, such as a physician, advanced practiced registered nurse, or physician assistant, who is lawfully practicing within the scope of the person's profession, is engaged in work of a nature consistent with the person's training, and has a license, permit, registration, certification, or other authorization to practice his or her profession in West Virginia;
(c) Effective July 1, 2026, any person who is not licensed by the board as a genetic counselor may not hold himself or herself out to the public as a genetic counselor, and may not, in Eng CS for HB 5458 connection with his or her name or place of business, use the terms "genetic counselor", "licensed genetic counselor", or any words, letters, abbreviations or insignia indicating or implying that the person holds a genetic counseling license.
(c) Effective July 1, 2026, any person who is not licensed by the board as a genetic counselor may not hold himself or herself out to the public as a genetic counselor, and may not, in connection with his or her name or place of business, use the terms "genetic counselor", "licensed genetic counselor", or any words, letters, abbreviations or insignia indicating or implying that the person holds a genetic counseling license.
§30-3H-4.
Enr CS for HB 5458 §30-3H-4.
Eng CS for HB 5458 (b) The board's annual report to the Legislature shall include a statistical analysis of complaints received, charges investigated, charges dismissed after investigation, the grounds for each such dismissal and disciplinary proceedings and disposition.
(b) The board's annual report to the Legislature shall include a statistical analysis of complaints received, charges investigated, charges dismissed after investigation, the grounds for each such dismissal and disciplinary proceedings and disposition.
(2) Submits an application for licensure to the board on a form approved by the board;
Enr CS for HB 5458 (2) Submits an application for licensure to the board on a form approved by the board;
(b) The board may not issue an initial license, reinstate, or reactivate a license, to any individual whose license has been revoked, suspended, surrendered, or deactivated in another Eng CS for HB 5458 state based upon conduct which is substantially equivalent to an act of unprofessional conduct prohibited by §30-3H-9 of this code or the board's legislative rules, until reinstatement of his or her license in that state.
(b) The board may not issue an initial license, reinstate, or reactivate a license, to any individual whose license has been revoked, suspended, surrendered, or deactivated in another state based upon conduct which is substantially equivalent to an act of unprofessional conduct prohibited by §30-3H-9 of this code or the board's legislative rules, until reinstatement of his or her license in that state.
§30-3H-6.
Enr CS for HB 5458 §30-3H-6.
Eng CS for HB 5458 (e) The board may, and only once, extend an ACS permit for a limited period specified by the board, if the person maintains Active Candidate Status with the ABGC and has not failed the ABGC certification exam during the initial permit period.
(e) The board may, and only once, extend an ACS permit for a limited period specified by the board, if the person maintains Active Candidate Status with the ABGC and has not failed the ABGC certification exam during the initial permit period.
(g) The board shall issue a certificate to each person who is approved for supervised genetic counseling practice under this article.
Enr CS for HB 5458 (g) The board shall issue a certificate to each person who is approved for supervised genetic counseling practice under this article.
(e) The board may waive all or a portion of the continuing education requirement for biennial renewal for a licensee who shows to the satisfaction of the board that the licensee was Eng CS for HB 5458 unable to complete the requirements due to serious illness, military services, or other demonstrated hardship.
(e) The board may waive all or a portion of the continuing education requirement for biennial renewal for a licensee who shows to the satisfaction of the board that the licensee was unable to complete the requirements due to serious illness, military services, or other demonstrated hardship.
(g) If a license automatically expires and reinstatement is sought within one year of the automatic expiration, then an applicant shall submit:
Enr CS for HB 5458 (g) If a license automatically expires and reinstatement is sought within one year of the automatic expiration, then an applicant shall submit:
Eng CS for HB 5458 (3) Identifying, ordering, and coordinating genetic laboratory tests and other diagnostic studies as appropriate for genetic assessment, consistent with practice-based competencies provided by ACGC;
(3) Identifying, ordering, and coordinating genetic laboratory tests and other diagnostic studies as appropriate for genetic assessment, consistent with practice-based competencies provided by ACGC;
(6) Evaluating the patient’s or family's responses to the condition or risk of recurrence and providing patient-centered counseling and anticipatory guidance;
Enr CS for HB 5458 (6) Evaluating the patient’s or family's responses to the condition or risk of recurrence and providing patient-centered counseling and anticipatory guidance;
Eng CS for HB 5458 (f) Not withstanding any other provision of this code to the contrary, and to the degree permitted by federal law, genetic counselors shall be considered providers and may not be reimbursed at rates lower than other providers who render similar genetic counseling services by health insurers as well as health plans operated or paid for by the state.
(f) Not withstanding any other provision of this code to the contrary, and to the degree permitted by federal law, genetic counselors shall be considered providers and may not be reimbursed at rates lower than other providers who render similar genetic counseling services by health insurers as well as health plans operated or paid for by the state.
(b) All hearings and procedures related to denial of a license, and all complaints, investigations, hearings, and procedures regarding a genetic counselor license and/or an ACS permit and the discipline accorded thereto, shall be in accordance with the processes and procedures set forth in §30-3-1 et seq.
(b) All hearings and procedures related to denial of a license, and all complaints, investigations, hearings, and procedures regarding a genetic counselor license and/or an ACS Enr CS for HB 5458 permit and the discipline accorded thereto, shall be in accordance with the processes and procedures set forth in §30-3-1 et seq.
Eng CS for HB 5458 (5) Developed a physical or mental disability or other condition that presents a danger in continuing to practice genetic counseling to patients, the public, or other health care personnel;
(5) Developed a physical or mental disability or other condition that presents a danger in continuing to practice genetic counseling to patients, the public, or other health care personnel;
(9) Aided, assisted, or abetted the unlawful practice of genetic counseling;
Enr CS for HB 5458 (9) Aided, assisted, or abetted the unlawful practice of genetic counseling;
Eng CS for HB 5458 (e) Whenever it finds any person unqualified because of any of the grounds set forth in §30-3H-7(b) of this code, the board may enter an order imposing one or more of the following:
(e) Whenever it finds any person unqualified because of any of the grounds set forth in §30-3H-7(b) of this code, the board may enter an order imposing one or more of the following:
(5) Require him or her to submit to care, counseling, or treatment designated by the board as a condition for initial or continued licensure or renewal of licensure or other authorization to practice genetic counseling;
Enr CS for HB 5458 (5) Require him or her to submit to care, counseling, or treatment designated by the board as a condition for initial or continued licensure or renewal of licensure or other authorization to practice genetic counseling;
Eng CS for HB 5458 (i) The board may report final disciplinary action taken against a genetic counselor to any national database that includes information about disciplinary action taken against health care professionals.
(i) The board may report final disciplinary action taken against a genetic counselor to any national database that includes information about disciplinary action taken against health care professionals.
§30-3H-10.
Enr CS for HB 5458 §30-3H-10.
and Eng CS for HB 5458 (3) The formal disciplinary action taken against the genetic counselor by the facility relating to professional ethics, professional incompetence, professional malpractice, or drug or alcohol abuse.
and (3) The formal disciplinary action taken against the genetic counselor by the facility relating to professional ethics, professional incompetence, professional malpractice, or drug or alcohol abuse.
40
Enr CS for HB 5458 The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.
...............................................................
Clerk of the House of Delegates ...............................................................
Clerk of the Senate Originated in the House of Delegates.
In effect 90 days from passage.
...............................................................
Speaker of the House of Delegates ...............................................................
President of the Senate __________ The within is ................................................
this the...........................................
Day of ..........................................................................................................., 2026.
.............................................................
Governor 37
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Action History

  1. Chapter 263, Acts, Regular Session, 2026

  2. Approved by Governor 4/1/2026

  3. Approved by Governor 4/1/2026 - Senate Journal

  4. Approved by Governor 4/1/2026 - House Journal

  5. To Governor 3/10/2026 - Senate Journal

  6. To Governor 3/10/2026

  7. On 3rd reading

  8. Read 3rd time

  9. Passed Senate (Roll No. 382)

  10. Communicated to House

  11. Completed legislative action

  12. House received Senate message

  13. On 2nd reading

  14. Read 2nd time

  15. On 1st reading

  16. Read 1st time

  17. Introduced in Senate

  18. Committee reference dispensed

  19. On 3rd reading, Special Calendar

  20. Read 3rd time

  21. Passed House (Roll No. 268)

  22. Communicated to Senate

  23. On 2nd reading, Special Calendar

  24. Read 2nd time

  25. On 1st reading, Special Calendar

  26. Read 1st time

  27. By substitute, do pass

  28. Filed for introduction

  29. To Government Organization

  30. Introduced in House

  31. To House Government Organization

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 150 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (150)

150 members have not signed on to this bill.

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"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

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Frequently asked questions

What does HB 5458 do?
Relating to professionals to be licensed by the West Virginia Board of Medicine
Who sponsors HB 5458?
HB 5458 is sponsored by Matthew Rohrbach (Republican) and Joe Ellington (Republican).
What is the current status of HB 5458?
This bill has been enacted into law. Introduced February 12, 2026. Enacted.
Where can I track HB 5458?
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