West Virginia 2021 Regular Session Status: Enacted 7 R cosponsors

SB 714 — Relating to physician assistant practice act

Last action — Chapter 201, Acts, Regular Session, 2021

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

This bill has been enacted into law. Introduced March 26, 2021. Enacted.

Prognosis

Advancing 50% · 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.

  • 13 sponsors

    1 primary, 12 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (7 R).

  • Failed a recorded vote

    Failed 1 recorded vote so far — a real headwind.

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.

Bill Text

What changed in the latest version

173 added · 275 removed

Plain-language change summary

The recent amendments to Bill SB 714 focus on the regulation and practice of physician assistants in West Virginia. Key changes include the repeal of specific sections of the Physician Assistants Practice Act, which will modernize their scope of practice and streamline the collaboration requirements with physicians. By defining terms like "chronic condition" and simplifying the complaint process, the bill ensures that physician assistants can offer more comprehensive care while maintaining high standards. This matters because it enhances access to health services and clarifies the roles and responsibilities of healthcare practitioners.

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NEWS RELEASES HELPFUL LINKS Introduced Version - Originating in Committee « Senate Bill 714 History OTHER VERSIONS  —  Enrolled Version - Final Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « Senate Bill 714 History OTHER VERSIONS  —  Introduced Version - Originating in Committee  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Originating Senate Bill 714 By Senators Takubo, Maroney, Grady, Weld, Rucker, Azinger, Stover, Woodrum, Stollings, Plymale, Roberts, Lindsay, and Unger [Originating in the Committee on Health and Human Resources;
Red = new code to be enacted WEST virginia legislature regular session Enrolled Senate Bill 714 By Senators Takubo, Maroney, Grady, Weld, Rucker, Azinger, Stover, Woodrum, Stollings, Plymale, Roberts, Lindsay, and Unger [Passed April 9, 2021;
reported on March 26, 2021] A BILL to repeal §30-3E-10 of the Code of West Virginia, 1931, as amended;
in effect 90 days from passage] AN ACT to repeal §30-3E-10 of the Code of West Virginia, 1931, as amended;
and to amend and reenact §30-3E-1, §30-3E-2, §30-3E-3, §30-3E-4, §30-3E-9, §30-3E-10a, §30-3E-11, §30-3E-12, §30-3E-13, and §30-3E-17 of said code, all relating to Physician Assistants Practice Act;
and to amend and reenact §30-3E-1, §30-3E-2, §30-3E-3, §30-3E-4, §30-3E-9, §30-3E-10a, §30-3E-11, §30-3E-12, §30-3E-13, and §30-3E-17 of said code, all relating to health care practitioners;
providing prescriptive authority;
expanding scope of practice for physician’s assistant;
expanding scope of practice;
expanding prescriptive authority;
establishing minimum reimbursement rates;
(1) “Advance duties” means medical acts that require additional training beyond the basic education program training required for licensure as a physician assistant.
“Approved program” means an educational program for physician assistants approved and accredited by the Accreditation Review Commission on Education for the Physician Assistant or its successor.
(2) “Alternate collaborating physician” means one or more physicians licensed in this state and designated by the collaborating physician to provide collaboration with a physician assistant in accordance with an authorized practice agreement.
Prior to 2001, approval and accreditation would have been by either the Committee on Allied Health Education and Accreditation or the Commission on Accreditation of Allied Health Education Programs.
(3) (1) “Approved program” means an educational program for physician assistants approved and accredited by the Accreditation Review Commission on Education for the Physician Assistant or its successor.
“Boards” means the West Virginia Board of Medicine and the West Virginia Board of Osteopathic Medicine.
Prior to 2001, approval and accreditation would have been by either the Committee on Allied Health Education and Accreditation or the Commission on Accreditation Review Commission on Education for the Physician Assistant of Allied Health Education Programs.
“Chronic condition” means a condition which lasts three months or more, generally cannot be prevented by vaccines, can be controlled but not cured by medication, and does not generally disappear.
(4) (2) “Boards” means the West Virginia Board of Medicine and the West Virginia Board of Osteopathic Medicine.
(5) (3) “Chronic condition” means a condition which lasts three months or more, generally cannot be prevented by vaccines, can be controlled but not cured by medication, and does not generally disappear.
(6) (4) “Collaborating physician” means a doctor of medicine, osteopathy, or podiatry fully licensed, by the appropriate board in this state, without restriction or limitation, who collaborates with physician assistants.
“Collaborating physician” means a doctor of medicine, osteopathy, or podiatry fully licensed, by the appropriate board in this state, without restriction or limitation, who collaborates with physician assistants.
(7) (5) “Collaboration” means overseeing the activities of the medical services rendered by a physician’s assistant.
“Collaboration” means overseeing the activities of the medical services rendered by a physician assistant.
Constant physical presence of the collaborating physician is not required as long as the collaborating physician and physician’s assistant are, or can be, easily in contact with one another by telecommunication.
Constant physical presence of the collaborating physician is not required as long as the collaborating physician and physician assistant are, or can be, easily in contact with one another by telecommunication.
(8) (6) “Endorsement” means a summer camp or volunteer endorsement authorized under this article.
“Endorsement” means a summer camp or volunteer endorsement authorized under this article.
(9) (7) “Health care facility” means any licensed hospital, nursing home, extended care facility, state health or mental institution, clinic, or physician’s office.
“Health care facility” means any licensed hospital, nursing home, extended care facility, state health or mental institution, clinic, or physician office.
(10) “Hospital” means a facility licensed pursuant to §16-5B-1 et seq.
“License” means a license issued by either of the boards pursuant to the provisions of this article.
of this code and any acute-care facility operated by the state government that primarily provides inpatient diagnostic, treatment, or rehabilitative services to injured, disabled, or sick persons under the supervision of physicians and includes psychiatric hospitals.
“Licensee” means a person licensed pursuant to the provisions of this article.
(11) (8) “License” means a license issued by either of the boards pursuant to the provisions of this article.
“Physician” means a doctor of allopathic or osteopathic medicine who is fully licensed pursuant to the provisions of either §30-3-1 et seq.
(12) (9) “Licensee” means a person licensed pursuant to the provisions of this article.
(13) (10) “Physician” means a doctor of allopathic or osteopathic medicine who is fully licensed pursuant to the provisions of either §30-3-1 et seq.
(14) (11) “Physician’s assistant” means a person who meets the qualifications set forth in this article and is licensed pursuant to this article to practice medicine under with a collaboration collaborating physician.
“Physician assistant” means a person who meets the qualifications set forth in this article and is licensed pursuant to this article to practice medicine with a collaborating physician.
(15) “Practice agreement” means a document that is executed between a collaborating physician and a physician assistant pursuant to the provisions of this article, and is filed with and approved by the appropriate licensing board.
“Practice notification” means a written notice to the appropriate licensing board that a physician assistant will practice in collaboration with one or more collaborating physicians in the state of West Virginia.
(16) (12) “Practice notification” means a written notice to the appropriate licensing board that a physician’s assistant will practice in collaboration with one or more collaborating physicians in a hospital in the state of West Virginia.
(3) Propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a §29A-3-1 et seq.
(3) Propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq.
(4) Compile and publish an annual report that includes a list of currently licensed physician assistants their collaborating physicians and their primary practice locations in the state;
(4) Compile and publish an annual report that includes a list of currently licensed physician assistants and their primary practice locations in the state;
(4) Requirements for practice agreements and practice notifications;
(4) Requirements for practice notifications;
(7) The eligibility and extent to which a physician’s assistant may prescribe, including:
(7) The eligibility and extent to which a physician assistant may prescribe, including:
A state formulary classifying those categories of drugs which may not be prescribed by a physician’s assistant, including, but not limited to, Schedules I and II of the Uniform Controlled Substances Act, antineoplastics, radiopharmaceuticals, and general anesthetics.:
A state formulary classifying those categories of drugs which may not be prescribed by a physician assistant, including, but not limited to, Schedules I and II of the Uniform Controlled Substances Act, antineoplastics, radiopharmaceuticals, and general anesthetics:
Provided, That a physician’s assistant may prescribe no more than a three-day supply, without refill, of a drug listed in the Uniform Controlled Substances Act as a Schedule II drug.
Provided, That a physician assistant or an advanced practice registered nurse may prescribe no more than a three-day supply, without refill, of a drug listed in the Uniform Controlled Substances Act as a Schedule II drug.
In addition to the above referenced provisions and restrictions and pursuant to a practice agreement or practice notification as set forth in this article, the rules shall permit the prescribing of an annual supply of any drug, with the exception of controlled substances, which is prescribed for the treatment of a chronic condition, other than chronic pain management.
In addition to the above referenced provisions and restrictions and pursuant to a practice notification as set forth in this article, the rules shall permit the prescribing of an annual supply of any drug, with the exception of controlled substances, which is prescribed for the treatment of a chronic condition, other than chronic pain management.
(8) The authority a collaborating physician may delegate for prescribing, dispensing, and administering of controlled substances, prescription drugs, or medical devices if the practice agreement includes:
(8) A fee schedule;
(A) A notice of intent to delegate prescribing of controlled substances, prescription drugs, or medical devices;
and (9) Any other rules necessary to effectuate the provisions of this article.
(B) An attestation that all prescribing activities of the physician assistant shall comply with applicable federal and state law governing the practice of physician assistants;
(C) An attestation that all medical charts or records shall contain a notation of any prescriptions written by a physician assistant;
(D) An attestation that all prescriptions shall include the physician assistant’s name and the collaborating physician’s name, business address, and business telephone number legibly written or printed;
and (E) An attestation that the physician assistant has successfully completed each of the requirements established by the appropriate board to be eligible to prescribe pursuant to a practice agreement accompanied by the production of any required documentation establishing eligibility;
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(9) (8) A fee schedule;
and (10) (9) Any other rules necessary to effectuate the provisions of this article.
§30-3E-4.  License to practice as a physician’s assistant.
§30-3E-4.  License to practice as a physician assistant.
(a) A person seeking licensure as a physician’s assistant shall apply to the Board of Medicine or to the Board of Osteopathic Medicine.
(a) A person seeking licensure as a physician assistant shall apply to the Board of Medicine or to the Board of Osteopathic Medicine.
The appropriate board shall issue a license to practice as a physician’s assistant with the collaboration of that board’s licensed physicians or podiatrists.
The appropriate board shall issue a license to practice as a physician assistant with the collaboration of that board’s licensed physicians or podiatrists.
or (C) Prior to July 1, 1983, was certified by the Board of Medicine as a physician’s assistant then classified as Type B;
or (C) Prior to July 1, 1983, was certified by the Board of Medicine as a physician assistant then classified as Type B;
(5) Has a current certification from the National Commission on Certification of Physician Assistants or has a current license in good standing from a state that does not require a physician’s assistant to maintain national certification;
(5) Has a current certification from the National Commission on Certification of Physician Assistants or has a current license in good standing from a state that does not require a physician assistant to maintain national certification;
(6) Is mentally and physically able to engage safely in practice as a physician’s assistant;
(6) Is mentally and physically able to engage safely in practice as a physician assistant;
(7) Has not had a physician’s assistant license, certification, or registration in any jurisdiction suspended or revoked;
(7) Has not had a physician assistant license, certification, or registration in any jurisdiction suspended or revoked;
(8) Is not currently subject to any limitation, restriction, suspension, revocation, or discipline concerning a physician’s assistant license, certification, or registration in any jurisdiction:
(8) Is not currently subject to any limitation, restriction, suspension, revocation, or discipline concerning a physician assistant license, certification, or registration in any jurisdiction:
Provided, That if a board is made aware of any problems with a physician’s assistant license, certification, or registration and agrees to issue a license, certification, or registration notwithstanding the provisions of this subdivision or subdivision (7) of this subsection;
Provided, That if a board is made aware of any problems with a physician assistant license, certification, or registration and agrees to issue a license, certification, or registration notwithstanding the provisions of this subdivision or subdivision (7) of this subsection;
(c) A board may deny an application for a physician’s assistant license to any applicant determined to be unqualified by the board.
(c) A board may deny an application for a physician assistant license to any applicant determined to be unqualified by the board.
(a) A physician’s assistant may not practice independent of a collaborating physician.
(a) A physician assistant may not practice independent of a collaborating physician.
(b) A physician assistant may practice in a hospital in collaboration with physicians after filing a practice notification with the appropriate board.
(b) A physician assistant may practice in collaboration with physicians in any practice setting pursuant to a practice notification which has been filed with, and activated by, the appropriate board in accordance with §30-3E-10a of this code:
A physician’s assistant may practice in collaboration with physicians in any practice setting pursuant to a practice notification which has been filed with, and activated by, the appropriate board in accordance with §30-3E-10a of this code:
Provided, That a physician assistant who is currently practicing in collaboration with physicians pursuant to a practice agreement which was authorized by a board prior to June 1, 2021, may continue to practice under that authorization until the practice agreement terminates or until June 1, 2022, whichever is sooner.
Provided, That a physician’s assistant who is currently practicing in collaboration with physicians pursuant to a practice agreement which was authorized by a board prior to June 1, 2021 may continue to practice under that authorization until the practice agreement terminates or until June 1, 2022, whichever is sooner.
(c) Except as set forth in subsection (b) of this section, before a licensed physician assistant may practice and before a collaborating physician may delegate medical acts to a physician assistant, the collaborating physician, and the physician assistant shall:
(1) File a practice agreement with the appropriate licensing board, including any designated alternate collaborating physicians;
(2) Pay the applicable fees;
and (3) Receive written authorization from the appropriate licensing board to commence practicing as a physician assistant pursuant to the practice agreement.
(d) A physician applying to collaborate with a physician assistant shall affirm that:
(1) The medical services set forth in the practice agreement are consistent with the skills and training of the collaborating physician and the physician assistant;
and (2) The activities delegated to a physician assistant are consistent with sound medical practice and will protect the health and safety of the patient.
(e)  A collaborating physician may enter into practice agreements with up to five full-time physician assistants at any one time.
(f)  A physician may collaborate with physician assistants in a hospital as approved by the hospital.
(a) A physician assistant shall collaborate with physicians in a hospital only after the physician assistant is notified by the appropriate licensing board that a complete practice notification has been filed with the board.  Before a licensed physician’s assistant may practice in collaboration with physicians, the physician’s assistant and a health care facility shall:
(a)  Before a licensed physician assistant may practice in collaboration with physicians, the physician assistant and a health care facility shall:
(b) The licensing boards shall promulgate emergency rules to establish the content and criteria for submission of practice notifications for physician assistant hospital practice.
(b) The licensing boards shall promulgate emergency rules to establish the content and criteria for submission of practice notifications.
(c) A physician’s assistant shall notify the board, in writing, within 10 days of the termination of a practice notification.
(c) A physician assistant shall notify the board, in writing, within 10 days of the termination of a practice notification.
(a) A licensed physician or podiatrist may collaborate with a physician assistant:
(a) Unless otherwise prohibited by a health care facility, a physician who practices medicine or podiatry at a health care facility may collaborate with any physician assistant who holds an active practice notification with the same facility.
(1) As a collaborating physician in accordance with an authorized practice agreement;
(b) When collaborating with physician assistants, collaborating physicians shall observe, direct, and evaluate the physician assistant’s work, records, and practices as necessary for appropriate and meaningful collaboration.
(2) As an alternate collaborating physician who:
(c) A health care facility is only legally responsible for the actions or omissions of a physician assistant when the physician assistant is employed by or on behalf of the facility.
(A) Collaborates in accordance with an authorized practice agreement;
(d) Every licensed physician assistant shall be individually responsible and liable for the care they provide.
(B) Has been designated an alternate collaborating physician in the authorized practice agreement;
and (C) Only delegates those medical acts that have been authorized by the practice agreement and are within the scope of practice of both the primary collaborating physician and the alternate collaborating physician;
or (3) In a hospital pursuant to a practice notification.  (a) Unless otherwise prohibited by a health care facility, a physician who practices medicine or podiatry at a health care facility may collaborate with any physician’s assistant who holds an active practice notification with the same facility.
(b) A collaborating physician When collaborating with physician assistants, collaborating physicians shall observe, direct, and evaluate the physician assistant’s work, records, and practices including collaborating with the physician assistant in the care and treatment of a patient in a health care facility as necessary for appropriate and meaningful collaboration.
(c) A health care facility is only legally responsible for the actions or omissions of a physician’s assistant when the physician’s assistant is employed by or on behalf of the facility.
(d) Every licensed physician’s assistant shall be individually responsible and liable for the care they provide.
(a) A license issued to a physician’s assistant by the appropriate state licensing board shall authorize the physician’s assistant to perform medical acts:
(a) A license issued to a physician assistant by the appropriate state licensing board shall authorize the physician assistant to perform medical acts commensurate with their education, training, and experience and which they are competent to perform, consistent with the rules of the boards.
commensurate with their education, training, and experience and which they are competent to perform, consistent with the rules of the boards.
(1) Pursuant to a practice notification or delegated to the physician assistant as part of an authorized practice agreement (2) Appropriate to the education, training, and experience of the physician assistant;
(b) A physician assistant shall provide only those medical services for which they have been prepared by their education, training, and experience and are competent to perform, consistent with sound medical practice and that will protect the health and safety of the patient.
(3) Customary to the practice of the collaborating physician;
and (4) Consistent with the laws of this state and rules of the boards.
(b) A physician’s assistant shall provide only those medical services for which they have been prepared by their education, training, and experience and are competent to perform, consistent with sound medical practice and that will protect the health and safety of the patient.
(c) A physician’s assistant with an active practice notification may perform medical acts and/or procedures in collaboration with physicians which are consistent with the physician assistant’s education, training and experience, the collaborating physician’s scope of practice, and any credentialing requirements of the health care facility where the physician’s assistant holds an active practice notification.
(c) A physician assistant with an active practice notification may perform medical acts and/or procedures in collaboration with physicians which are consistent with the physician assistant’s education, training and experience, the collaborating physician’s scope of practice, and any credentialing requirements of the health care facility where the physician assistant holds an active practice notification.
(b) (d) This article does not authorize a physician’s assistant to perform any specific function or duty delegated by this code to those persons licensed as chiropractors, dentists, dental hygienists, optometrists, or pharmacists, or certified as nurse anesthetists.
(d) This article does not authorize a physician assistant to perform any specific function or duty delegated by this code to those persons licensed as chiropractors, dentists, dental hygienists, optometrists, or pharmacists, or certified as nurse anesthetists.
(a) While practicing, a physician’s assistant shall wear a name tag that identifies him or her as a physician’s assistant.
(a) While practicing, a physician assistant shall wear a name tag that identifies him or her as a physician assistant.
(b) A physician’s assistant shall keep his or her license and current practice agreement or practice notification available for inspection at his or her place of practice.
(b) A physician assistant shall keep his or her license and current practice notification available for inspection at his or her place of practice.
(a) All hearings and procedures related to denial of a license, and all complaints, investigations, hearings, and procedures regarding a physician’s assistant license and the discipline accorded thereto, shall be in accordance with the processes and procedures set forth in either §30-3-1 et seq.
(a) All hearings and procedures related to denial of a license, and all complaints, investigations, hearings, and procedures regarding a physician assistant license and the discipline accorded thereto, shall be in accordance with the processes and procedures set forth in either §30-3-1 et seq.
or articles three and/or fourteen §30-14-1 et seq.
or §30-14-1 et seq.  of this code, depending on which board licenses the physician assistant.
 of this chapter code, depending on which board licenses the physician’s assistant.
(b) The boards may impose the same discipline, restrictions, and/or limitations upon the license of a physician assistant as they are authorized to impose upon physicians and/or podiatrists.
(b) The boards may impose the same discipline, restrictions, and/or limitations upon the license of a physician’s assistant as they are authorized to impose upon physicians and/or podiatrists.
(c) The boards shall direct to the appropriate licensing board a complaint against a physician assistant and/or a collaborating physician.
(c) The boards shall direct to the appropriate licensing board a complaint against a physician’s assistant and/or a collaborating physician and/or an alternate a collaborating physician.
(d) In the event that independent complaint processes are warranted by the boards with respect to the professional conduct of a physician assistant or a collaborating physician, the boards are authorized to work cooperatively and to disclose to one another information which may assist the recipient appropriate licensing board in its disciplinary process.
(d) In the event that independent complaint processes are warranted by the boards with respect to the professional conduct of a physician’s assistant or a collaborating and/or alternate collaborating physician, the boards are authorized to work cooperatively and to disclose to one another information which may assist the recipient appropriate licensing board in its disciplinary process.
(e) A physician’s assistant licensed under this article may not be disciplined for providing expedited partner therapy in accordance with article four-f, chapter sixteen §16-4F-1 et seq.
(e) A physician assistant licensed under this article may not be disciplined for providing expedited partner therapy in accordance with §16-4F-1 et seq.  of this code.
 of this code.
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Action History

  1. Chapter 201, Acts, Regular Session, 2021

  2. Approved by Governor 4/21/21

  3. To Governor 4/16/21

  4. Approved by Governor 4/21/21 - House Journal

  5. Approved by Governor 4/21/21 - Senate Journal

  6. To Governor 4/16/21 - House Journal

  7. To Governor 4/16/21 - Senate Journal

  8. Completed legislative action

  9. Communicated to House

  10. Senate concurred in House amendments and passed bill (Roll No. 401)

  11. House Message received

  12. Communicated to Senate

  13. Title amendment adopted (Voice vote)

  14. Passed House (Roll No. 527)

  15. Read 3rd time

  16. On 3rd reading, Special Calendar

  17. Committee amendment adopted (Voice vote)

  18. Read 2nd time

  19. On 2nd reading, Special Calendar

  20. Read 1st time

  21. On 1st reading, Special Calendar

  22. With amendment, do pass

  23. To House Health and Human Resources

  24. To Health and Human Resources

  25. Introduced in House

  26. Ordered to House

  27. Passed Senate (Roll No. 255)

  28. Read 3rd time

  29. On 3rd reading

  30. Read 2nd time

  31. On 2nd reading

  32. Read 1st time

  33. On 1st reading

  34. Reported do pass

  35. Originating in Senate Health and Human Resources

Sponsors

Sponsorship breakdown

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1 sponsors · 12 co-sponsors · 139 not signed on

Sponsors (1)

Co-sponsors (12)

Not signed on (139)

139 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.

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Frequently asked questions

Who sponsors SB 714?
SB 714 is sponsored by Tom Takubo (Republican), Maroney, Amy Grady (Republican), Ryan Weld (Republican), Patricia Rucker (Republican), Mike Azinger (Republican), Stover, Jack Woodrum (Republican), Stollings, Plymale, Rollan A. Roberts (Republican), Lindsay, and Unger.
What is the current status of SB 714?
This bill has been enacted into law. Introduced March 26, 2021. Enacted.
Where can I track SB 714?
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