West Virginia Bill Status: January 9 11, 2008
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1 650 Main St. Barboursville, WV (304) West Virginia Bill Status: January 9 11, 2008 The following is a West Virginia Bill Status Report, compiled by Walker & Stevens, for the West Virginia Primary Care Association and its members. This report covers bills introduced by the House of Delegates and the Senate on January 9-11, 2008, the first week of the West Virginia Legislature. Bills not relevant to the WVPCA have been omitted from this report. Please feel free to contact us by phone or if you have any comments or questions. Senate Bills The following Senate bills are identified by a bill number, a short title or description, and the committee assignment: Senate Bill ( SB ) 13 relating to the Dental Practice Act generally (Government Organization ( Govt Org ) then SB 15 reducing and eliminating behavioral health care providers severance tax (Health and Human Resources ( HHR ) then Finance). SB 17 relating to health care provider tax generally (HHR then Finance). SB 19 revising immunization requirements for school children (HHR then Finance). SB 37 relating to the sale of beverages in public schools (HHR then Education). SB 44 allowing federal adjusted gross income deduction for costs of high deductible health plan (Finance). 1
2 SB 59 expanding prescriptive authority of advanced nurse practitioners (HHR). SB 82 allowing advanced nurse practitioners to sign do-not-resuscitate orders (HHR then SB 83 allowing advanced nurse practitioners to sign death certificates (HHR then SB 121 standardizing preferred drug lists and formularies (HHR then Finance). SB 123 creating an Infection Control Advisory Panel (HHR then Finance). SB 144 allowing federal adjusted gross income deduction for health insurance expenses (HHR then Finance). SB 147 relating to the Management of Pain Act (HHR). House Bills The following House bills are identified by a bill number, a short title or description, and the committee assignment: House Bill ( HB ) 2025 requiring that abortions be performed in hospitals or by physicians with admitting privileges to a hospital within the local service area (HHR then HB 2068 transferring the office of emergency medical services from the Dept of HHR to the Dept. of Military Affairs and Public Safety (Govt Org then Finance). HB 2092 allowing pharmacists and other individuals involved in dispensing medicines to refuse to fill prescriptions or dispense any substance that can be used as part of an abortion related procedure (HHR then HB 2134 providing rape victims with reliable emergency information regarding pregnancy and abortion, and providing those victims with emergency contraception if they desire (HHR then HB 2162 assigning benefits directly to providers based on the patient s assignment of benefit form (Govt Org). HB 2214 providing that a legally unlicensed personal care home may house up to four unrelated residents if there is at least one full-time employee working at the home (HHR then 2
3 HB 2231 requiring employers to pay nurses at their regular rate of pay for all the time they are on-call on the employer s premises (HHR then Finance). HB 2234 establishing the Hospitals Infection Disclosure Act requiring hospitals to disclose hospital infection rates for the public (HHR then HB 2312 requiring faith-based, abstinence-only and anti-choice facilities to have written policies and procedures (HHR then HB2313 requiring any faith-based facility that counsels women regarding contraception, abortion, or pregnancy to maintain a quality assurance program (HHR then HB 2326 authorizing medication administration by unlicensed personnel of nursing homes (HHR then HB 2328 requiring licensure of pharmacy benefit managers (HHR then HB 2363 allowing mental hygiene commissioners to carry concealed weapons ( HB 2368 prohibiting the performance of any abortion when the woman seeking it is doing so solely on account of the gender of the fetus (HHR then HB 2369 requiring physicians performing abortions to take steps designed to save the life of any aborted live fetus (HHR then HB 2398 amending certain provisions involving dental hygienists (HHR then Judiciary) BILL ATTACHED. HB 2416 prohibiting pharmacists and other persons involved in dispensing medicines from refusing to fill prescriptions (HHR then HB 2438 requiring employers to provide health insurance to employees working on public improvement projects (HHR then Govt Org). HB 2511 providing a mechanism whereby unused, unexpired, non-narcotic drugs previously owned by a deceased nursing home patient or resident may be donated to free health care clinics in the state (HHR then Finance). HB 2572 prohibiting the establishment of methadone treatment programs and clinics except those operated by comprehensive community mental health centers (HHR then 3
4 HB 2905 ensuring that medical workers have the right to refuse to participate in any abortion related activity (HHR then HB 2922 relating to exempting physicians from obtaining Medicaid preauthorization for certain medical conditions (HHR then Finance). HB 2996 establishing a Doctors Disciplinary Review Board (HHR then HB 3056 authorizing pharmacists to administer immunizations (HHR then HB 3111 relating to treatment for drug an alcohol addiction (HHR then HB 3160 allowing certain physician assistants to conduct involuntary custody examinations (HHR then Thanks again for giving Walker & Stevens the opportunity to represent the West Virginia Primary Care Association as legislative liaison. Walker & Stevens Matt Walker Jeff Stevens HB
5 (By Delegates Hatfield, Brown, Caputo, Marshall, and Mahan) [Introduced January 9, 2008; referred to the Committee on Health and Human Resources then the Judiciary.] A BILL to amend and reenact and of the Code of West Virginia, 1931, as amended, all relating to amending certain provisions involving dental hygienists; and providing for settings in which a dental hygienist may perform various duties without direct supervision. Be it enacted by the Legislature of West Virginia: That and of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows: ARTICLE 4. WEST VIRGINIA DENTAL PRACTICE ACT Definitions. As used in this article, the following words and terms have the following meanings, unless the context clearly indicates otherwise: (1) "Approved dental hygiene program" means a program that is approved by the board and is accredited or its educational standards are deemed by the board to be substantially equivalent to those required by the commission on dental accreditation of the American Dental Association. (2) "Approved dental school, college or dental department of a university" means a dental school, college or dental department of a university that is approved by the board and is accredited or its educational standards are deemed by the board to be substantially equivalent to those required by the commission on dental accreditation of the American Dental Association. (3) "Authorize" means that the dentist is giving permission or approval to dental auxiliary personnel to perform delegated procedures in accordance with the dentist's diagnosis and treatment plan. (4) "Board" means the West Virginia Board of Dental Examiners; (5) "Certificate of qualification" means a certificate authorizing a dentist to practice a specialty. (6) "Delegated procedures" means those procedures specified by law or by rule of the board and performed by dental auxiliary personnel under the direct supervision of a licensed dentist. 5
6 (7) "Dental assistant" means a person qualified by education, training and experience who aids or assists a dentist in the delivery of patient care in accordance with delegated procedures or who may perform non-clinical duties in the dental office: Provided, That no occupational title other than dental assistant shall be used to describe this auxiliary. (8) "Dental auxiliary personnel" or "auxiliary" means dental hygienists and dental assistants who assist the dentist in the provision of oral health care services to patients. (9) "Dental hygienist" means a person licensed by the board who provides preventative oral health care services to patients in the dental office various settings: Provided, That no occupational title other than dental hygienist may be used to describe this auxiliary. (10) "Dental laboratory" means a dental laboratory as defined in section one, article fourb of this chapter. (11) "Dental office" means the place where the licensed dentist and dental auxiliary personnel are practicing dentistry. (12) "Dental prosthesis" means an artificial appliance fabricated to replace one or more teeth or other oral or peri-oral structure in order to restore or alter function or aesthetics. (13) "Dentist" means an individual licensed by the board to practice dentistry. (14) "Dentistry" means the evaluation, diagnosis, prevention and treatment of diseases, disorders and conditions of the oral cavity, maxillofacial area and the adjacent and associated structures provided by a dentist. (15) "Direct supervision" means supervision of dental auxiliary personnel provided by a licensed dentist who is physically present in the dental office. (16) "Good moral character" means a lack of history of dishonesty. (17) "License" means a license to practice dentistry or dental hygiene. (18) "Licensee" means a person holding a license. (19) "Specialty" means the practice of a certain branch of dentistry Scope of practice; dental hygienist. (a) The practice of dental hygiene includes the following: (1) Performing a complete prophylaxis, including the removal of any deposit, accretion or stain from the surface of a tooth or a restoration; 6
7 (2) Applying a medicinal agent to a tooth for a prophylactic purpose; (3) Taking a dental X ray; (4) Instructing a patient on proper oral hygiene practice; (5) Performing all delegated procedures of a dental hygienist specified by rule by the board; and (6) Performing all delegated procedures of a dental assistant specified by rule by the board. (b) A licensed dental hygienist may perform any duties set forth in this section without direct supervision in the following settings: (i) Hospitals; (ii) schools; (iii) prisons; (iv) community clinics; (v) long-term care facilities; (vi) nursing homes; (vii) home health agencies; (viii) group homes; (ix) state institutions under the Department of Health and Human Resources; (x) public health facilities; and (xi) accredited dental hygiene education programs. NOTES: The purpose of this bill is to provide settings in which a dental hygienist may perform their duties without direct supervision. Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added. 7
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