State Codes and Statutes

State Codes and Statutes

Statutes > West-virginia > 30 > 30-3-5

§30-3-5. West Virginia board of medicine created; transfer of powers and duties from medical licensing board; appointment and terms of members; vacancies; removal.
There is hereby created a medical licensing board to be known as the "West Virginia board of medicine." The West Virginia board of medicine shall assume, carry on and succeed to all the duties, rights, powers, obligations and liabilities heretofore belonging to or exercised by the medical licensing board of West Virginia. All the rules and regulations, orders, rulings, licenses, certificates, permits and other acts and undertakings of the medical licensing board of West Virginia as heretofore constituted shall continue as those of the West Virginia board of medicine until they expire or are amended, altered or revoked. The board shall be the sole authority for the issuance of licenses to practice medicine and surgery and to practice podiatry and certificates for physician assistants in this state and shall be a regulatory and disciplinary body for the practice of medicine and surgery and the practice of podiatry and for physician assistants in this state.

The board shall consist of fifteen members. One member shall be the state director of health ex officio, with the right to vote as a member of the board. The other fourteen 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 two shall hold the degree of doctor of podiatric medicine. One member shall be an individual certified by the board as a Type A physician assistant. Each of these members must be duly licensed or certified to practice his or her profession in this state on the date of appointment and must have been licensed or certified 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 director of health's term shall continue for the period that he or she holds office as state director of health. Each other member of the board shall be appointed to serve a term of five years: Provided, That the members of the medical licensing board or 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 the first day of October of the applicable year, and a member may not be appointed to more than two consecutive full terms on the board.

Not more than four physicians, one podiatrist and two lay members appointed by the governor as members of the board shall belong to the same political party. The Type A physician assistant member may not belong to the same political party to which a majority of the lay members belong. 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 director of health, who holds any public office or public employment under the federal government or under the government of this state or any political subdivision thereof or who is an appointee or employee of the state board of health.

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 except for official misconduct, incompetence, neglect of duty or gross immorality: Provided, That the expiration or revocation of the professional license or certification of a member of the board shall be cause for removal.

§30-3-5a.

Repealed. Acts, 1951 Reg. Sess., Ch. 146.