Legislative Wrap-up
The 2015 Legislative Session ended March 14 at midnight, with 261 bills completed, out of a
total of 1,607 introduced. Although this might have seemed like an extraordinarily busy session,
last year the 2014 Legislature actually introduced more bills (1,876), although fewer passed
(201), and both pale in comparison to the 2002 Legislature, which introduced 2,052 bills, of
which 330 passed.
The WVSMA Legislative Team of President Dr. Adam Breinig, Legislative Committee Chair Dr.
Sherri Young, Executive Director Brian Foy, Government Relations Specialist Brett Tubbs, and
Director of Health Care Policy and Legislative Affairs Susan Baek, as well as numerous WVSMA
members, spent countless hours at the Capitol during the session and communicating with
Legislators about various bills. We are grateful to the WVSMA Legislative Committee, which met
biweekly throughout the session and provided us with a great deal of information and support.
Here are some highlights of the more than 150 health-care related bills introduced this year:
Substance Abuse
SB 335 Creating Access to Opioid Antagonists Act
The Naloxone bill, which was introduced at the Governor’s request, was signed on March 9 and
goes into effect May 27, 2015. For the third year in a row, this bill was introduced and met with
wide support. Last year it passed the Senate unanimously but then stalled in House Judiciary.
This year it passed both chambers unanimously but then was vetoed by the Governor for a
technical error. Luckily, the veto happened early in the session, and so the error was quickly
remedied and re-passed. The bill allows first responders to access and administer opioid
antagonists in overdose situations and provides limited liability for health care providers who
prescribe, and anyone who possesses and administers opioid antagonists.
SB 523 Creating Alcohol and Drug Overdose Prevention and Clemency Act
This Good Samaritan bill, which passed both chambers nearly unanimously (only Del. Fast voted
nay), provides limited immunity from prosecution for related misdemeanors to people who seek
medical attention for a person suffering from alcohol or drug overdose, provided they stay with
the victim until help arrives. It also provides immunity for the person who suffers the overdose
if that person completes an approved drug rehabilitation program. It goes into effect June 12,
2015.
HB 2664 Increasing certain penalties for driving under the influence of alcohol, controlled
substances or drugs
“Andrea and Willy’s Law” creates a felony offense whereby someone driving under the influence
of alcohol, a controlled substance, or any other drug whose impaired state causes death will be
subject to a 3- to 15-year sentence and $1,000-3,000 fine; and if the impaired state causes
serious bodily injury, the penalty will be a 1- to 3-year sentence and $1,000-3,000 fine. The
new law also imposes misdemeanor penalties for a variety of other DUI-related offenses. It
goes into effect June 16, 2015.
HB 2880 Creating an Addiction Treatment Pilot Program
Sponsored by Dels. Stansbury, Rohrbach, and Ellington, and others, this bill creates a pilot
program to provide addiction treatment for opioid abusers who are offenders within the criminal
justice system. It will provide access to long-acting opioid antagonists, as well as psychosocial
treatments. The Division of Corrections will report on the effectiveness of the program in
reducing recidivism and controlling costs. It goes into effect June 16, 2015.
School Health Issues
SB 7 Requiring CPR and care for conscious choking instruction in public schools
The lead sponsor of this bill was Sen. Stollings, and it requires that, prior to graduation, all
school children must receive at least 30 minutes of CPR training with “hands-on practicing.” The
bill passed both chambers unanimously, was approved by the governor on Feb. 24, and goes
into effect July 1, 2015.
SB 286 Relating to compulsory immunizations of students; exemptions
This bill was fraught with drama, from its introduction in January literally until the eleventh hour
of the last day of session. The original intent of the bill was to create a uniform and efficient
method for obtaining medical exemptions to vaccine laws in the state. The lead sponsor was
Sen. Ferns, and initially he was joined by 11 others, but three asked to be removed as sponsors
early on because the introduced version included a provision for religious exemptions. The
WVSMA, along with other state health care organizations, actively opposed this version. That
language was removed in Senate Health committee via an amendment by Sen. Stollings, and
the WVSMA renewed its support. The amended bill passed the full Senate unanimously. Then,
House Judiciary passed an amendment by Del. Lane, which removed authority from the DHHR
to require new vaccinations and also again added a religious exemptions clause. The full House
passed the bill 62-36 with the Lane Amendment on the last day of session. The Senate rejected
the amended House version and asked the House to recede, which usually results in the
assignment of a bicameral conference committee to try to work out a compromise. The
deadline for for conference committees had passed, though, so we assumed that the bill was
dead. We were relieved that the Lane amendment had not survived. At 11:47 p.m., however,
with only 13 minutes left in the 2015 regular session, the House voted 87-10 to pass the Senate
version of the bill. The WVSMA considered this the best possible outcome. But even after all
that, the drama still was not completely over. The Governor vetoed the bill on March 18, due to
an error in the title paragraph (it still included language about religious exemptions).
Fortunately, because the Legislature was still meeting in special session to discuss the budget
bill, SB 286 was corrected and it goes into effect June 16, 2015.
HB 2535 Relating generally to suicide prevention
Also known as “Jamie’s Law,” this bill calls for education on suicide prevention for middle and
high school students. It originally included CME mandates for physicians, but we spoke to a
person who had helped originate the bill, and offered to provide free CME in conjunction with
the Boards of Medicine and Osteopathy if the CME mandate was removed. The bill passed both
chambers unanimously and goes into effect June 8, 2015.
HB 2648 Allowing authorized entities to maintain a stock of epinephrine auto-injectors to be
used for emergency
This bill allows “authorized entities” (defined as “any entity or organization where allergens
capable of causing a severe allergic reaction may be present”) to acquire and stock epi-pens,
and to designate employees or agents who are appropriately trained to maintain and administer
them to individuals experiencing severe allergic reactions; and it provides immunity from liability
for acts or omissions related to epi-pen administration except in the case of willful misconduct
or gross negligence. The bill passed both chambers unanimously but was vetoed on a
technicality, which was then corrected and the bill again passed. It goes into effect June 16,
2015.
HB 2669 Relating to compulsory tuberculosis testing
The TB test bill, sponsored by Del. Ellington, removes the requirement for compulsory TB tests
for school children transferring from outside the state and for school employees to have a TB
test at the time of employment. It requires that children and personnel suspected of having TB
should be removed from school until their case is reviewed by the local health officer, and that
selective testing can be ordered if exposure is suspected or a person displays signs and
symptoms of TB. It passed both chambers unanimously. It was signed by the governor March 3
and goes into effect May 26, 2015.
Liability Reform
SB 6 Relating to medical professional liability
A task force of representatives from health care organizations, including the WVSMA, worked
together with legislators to broaden the scope of the Medical Professional Liability Act (MPLA)
and strengthen some of its provisions. The revised Act clarifies that pharmacists and a variety
of other health care workers and entities are included under the Act. It indexes the trauma cap
to adjust for inflation, up to 150% of the cap, raising it from its current level of $500,000 to a
maximum of $750,000. The task force said this was necessary because the constitutionality of a
fixed cap was questioned in a recent WV Supreme Court of Appeals case. It also modifies the
requirement for expert witness testimony on standard of care to stipulate that it must be
“scientifically grounded on peer-reviewed scientific studies, if available.” SB 6 was the first bill to
pass the Senate this session, with only Sen. Romano, a trial attorney, voting nay, and it passed
the House 77-16. After an early veto on a technical issue, the bill was signed March 18, and is
effective from passage as of March 10.
SB 421 Relating to punitive damages in civil actions
This bill requires that punitive damages in civil actions cannot exceed four times the amount of
compensatory damages or $500,000, whichever is greater. It goes into effect June 8, 2015.
SB 532 Relating to civil liability immunity for clinical practice plans and medical and dental
school personnel
As the title states, this bill provides immunity from civil liability for clinical practice plans
associated with medical and dental schools (but not for medical professionals), and it requires
the schools to maintain an adequate level of medical professional liability insurance. It passed
the Senate unanimously and the House 96-3, and it goes into effect June 10, 2015.
HB 2002 Predicating actions for damages upon principles of comparative fault
This bill eliminates joint liability, so that if an injury has been caused by the negligent acts of
multiple parties (which can include the plaintiff), they each can only be held responsible for the
portion attributable to their own negligence. The governor signed the bill on March 5 and it
goes into effect May 25.
Scope of Practice
SB 516 Relating to practice of advanced practice registered nurses
This year’s APRN bill was touted by the APRN leaders as a “compromise bill,” although the
physician community did not participate in the drafting of the bill. In fact, we did not even see
the bill until about an hour before it was first introduced in the Senate Health Committee on
February 19. The nursing leaders denied working on the bill, but they sent emails on February
18 urging nurses to contact their senators to support it. The original version of the bill
expanded APRNs’ signatory and prescriptive authority, allowed for APRNs to practice without a
collaborative agreement in some cases, and called for the creation of a new APRN board
consisting of five APRNs, two physicians, and two lay people. Sen. Takubo proposed an
amendment, which the Committee passed, that removed the requirement for a new APRN
board, and authorized the Boards of Medicine and Osteopathy to license APRNs who prescribe
without a collaborative agreement and allowed an APRN to serve on the Board of Medicine. It
also required the boards to create a standardized collaborative agreement. Although the
committee substitute seemed to represent a true compromise, and it conformed to
recommendations by the legislative auditor, the APRNs were very unhappy with the revised bill,
and they quickly withdrew their support. This summer the WVSMA hopes to work together with
nursing and physician entities to draft a mutually acceptable bill that will serve the best
interests of our state.
HB 2776 Relating to prescribing hydrocodone combination drugs for a duration of no more than
three days
The hydrocodone bill, introduced by Del. Stansbury and co-sponsored by Del. Ellington, would
have allowed optometrists, PAs, and APRNs to continue prescribing 72-hr supplies of
hydrocodone combination drugs, even though last October the FDA reclassified these drugs as
Schedule II. The WVSMA opposed this bill because it represents a scope of practice expansion
and a public health risk. Governor Tomblin vetoed it on April 2 due to technical errors.
HB 2829 Defining "midwife", "certified midwife" and "midwifery"
This seemingly innocuous bill easily passed the House without much fanfare. It broadly defined
a “direct entry midwife” as one who “provides aid to a woman and her infant during the
prenatal, delivery and postnatal periods,” and it included reporting requirements to the Bureau
of Vital Statistics. The problem with the bill is that, in recognizing direct entry or lay midwives,
who have no formal medical training, this group of unlicensed providers gains a measure of
credibility and legitimacy, as well as legal status in the state. The WVSMA, along with the
American Congress of Obstetricians and Gynecologists (ACOG) opposed the bill because it did
not conform to the Global Standards for Midwife Education. In the Senate Health Committee,
Sen. Takubo asked the midwife representatives questions about their education and training,
but their answers were lengthy and they made some negative comments about hospitals and
physicians. Since it came up on the last day the committee met and several other bills were on
the agenda, Committee Chairman Ferns moved the bill to the end of the agenda, and time ran
out, so it did not come to a vote.
Licensure
SB 334 Relating to practice of medicine and surgery or podiatry
The telemedicine bill, sponsored by Sen. Ferns, provided licensure requirements for
telemedicine providers and was written with the approval of the Boards of Medicine and
Osteopathy and in conformance with the Interstate Medical Licensure Compact (see HB 2496,
below). It passed the Senate but stalled in House Judiciary, which was overwhelmed with bills
at the end of session. The WVSMA plans to convene a task force this summer to work on
drafting a bill for next year to ensure that in includes ample protections, and the AMA has
provided us with a wealth of resources on the issue.
HB 2098 Authorizing those health care professionals to provide services to patients or residents
of state-run veterans' facilities without obtaining an authorization to practice
This bill allows physicians who practice at Federal VA hospitals in the state to also practice at
state veterans’ nursing home facilities without the requirement of holding a WV state medical
license. (VA physicians can be licensed in any state.) The bill goes into effect June 12, 2015.
HB 2496 Adopting the Interstate Medical Licensure Compact
The Interstate Compact is a new entity that would allow state medical boards to join a
consortium so that members could more easily obtain multiple state licenses through an
expedited process. At least seven states must join the Compact for it to become operational.
Thirteen states including West Virginia introduced Compact legislation this year, and three
others have passed it so far (Wyoming, Utah, and South Dakota). Some WVSMA members were
vehemently opposed to the bill, so the WVSMA remained neutral, but it was strongly supported
by the Boards of Medicine and Osteopathy and endorsed by the AMA. The bill, which was
introduced by House Health Committee Chairman Ellington, was signed into law, effective June
10, 2015.
Insurance
SB 366 Creating Patient Protection and Transparency Act
This bill was sponsored by Sen. Ferns and co-sponsored by Sen. Stollings. It requires qualified
health plans to provide on their websites a list of physicians, hospitals, and other health care
providers in the network; and a description of exclusions, restrictions, costs, and other
information. It passed both chambers with only one nay vote (Del. McGeehan) and was signed
by the governor on March 18. It goes into effect June 9, 2015.
HB 2493- Relating to requirements for insurance policies and contracts providing accident and
sickness insurance or direct health care services that cover anti-cancer medications
Introduced by Del. McCuskey, this bill requires insurers to treat IV and oral cancer medications
in the same manner, so that cancer patients do not face exorbitant bills for prescription
medications that they can self-administer. It passed nearly unanimously, with only Dels. Azinger
and McGeehan opposing, and it goes into effect June 10, 2015.
HB 2811 Deleting obsolete provisions regarding the Physicians' Mutual Insurance Company
This bill enables the Mutual to change its status from non-profit to for-profit. It will remain a
mutual company wholly owned by its policy-holders and cannot be converted into a stock
corporation. It passed the Senate unanimously and the House 80-13 with trial attorneys
opposing it, and it goes into effect June 10, 2015.
The Practice of Medicine
HB 2568 The Pain Capable Unborn Child Protection Act
This bill, introduced by Del. Sobonya, prohibits abortion after 20 weeks post-fertilization except
in cases of a non-medically viable fetus or if the mother has a “serious risk of substantial and
irreversible impairment of a major bodily function, not including psychological or emotional
conditions” or death. Penalties for physicians who violate the act include discipline from the
medical licensing board, including loss of license. The WVSMA opposed the bill on the grounds
that it interferes with the patient/physician relationship, although it represents an improvement
over last year's bill, which included criminal penalties for physicians. For the second year in a
row Governor Tomblin vetoed the bill on constitutional grounds, but this year the Legislature
overrode the veto, and the new law will go into effect May 26.
HB 2662 Eye Care Consumer Protection Act
The original form of this bill, sponsored by Del. Stansbury, applied to physicians and
optometrists, and required the Board of Optometry to administer and enforce its provisions. The
WVSMA and medical boards opposed the inclusion of physicians under the Board of Optometry,
and the language about physicians was removed in a House Health Committee Substitute. The
final version of the bill stipulates that eyeglasses and contacts can only be disseminated under a
valid prescription written by a licensed optometrist, and there is an exception for licensees of
other professional boards. The purpose of the bill was to prevent eye exam kiosks. It passed
the Senate unanimously and the House 89-10 and goes into effect June 10, 2015.
SB 546/HB 2909 Creating Compassionate Use Act for Medical Cannabis
These bills authorized the medical use of cannabis for debilitating medical conditions. SB 546
was put on the Health Committee agenda on the same day as the APRN bill, but it was not
discussed, and neither the House nor the Senate version of the bill moved.
Miscellaneous
SB 30 Permitting shared animal ownership agreement to consume raw milk
This bill enables people who participate in a shared animal ownership agreement to receive and
consume the animal’s raw milk. According to the CDC, raw milk poses a serious health risk.
From 2007-2012 there were 81 disease outbreaks caused by raw milk, causing 979 illnesses
and 73 hospitalizations, and children were at greatest risk. It passed the Senate by a narrow
margin, 18-16, and the House 81-19, but the governor vetoed it, citing public health concerns.
SB 109 Relating to local indoor smoking regulations
This bill, which originated in Senate Judiciary and was sponsored by Sens. Leonhardt and Blair,
exempted veterans’ organizations and provided a process for gambling establishments to apply
for an exemption from local indoor smoking prohibitions. It passed the Senate 22-12 but stalled
in House Health. Then, in the last days of the session it was incorporated into HB 2646
Legalizing and regulating the use and sale of fireworks. HB 2646 thus became what is known as
a “Christmas tree bill” because of the multiple provisions tacked onto it: in addition to legalizing
fireworks it allowed indoor smoking and provided a new tobacco tax. It ended up dying in
conference committee after the House did not concur with a Senate amendment.
For more detailed information on any of the above or other legislation, please contact Susan at
304-925-0342 x 18.