Health Care Highlights Is Published Weekly During Legislative Sessions and Monthly During

MONDAY, MARCH 8, 2010 VOLUME 22 ISSUE 8

Welcome to the eighth issue of Health Care Highlights in 2010. This marks the 22nd anniversary of our unique health care publication. Our newsletter reaches more than 2,500 health professionals and health policymakers. We are glad to have you in our subscriber communications network! Subscription information and rates for non-subscribers are available by calling 304-344-8466 or by e-mail to [email protected]. Please respect the publication’s privacy rights as other use of the newsletter’s material is protected by copyright and requires written permission from the editor.

Health Care Highlights is published weekly during legislative sessions and monthly during the periods in between sessions. In addition, we will provide news coverage on any additional special legislative sessions, should they be called, and should health care issues be discussed.

Health Care Highlights provides a special focus on health topics of interest, legislative health deliberations, and a special section featuring the history and status of all health care bills introduced in the West Virginia State Senate and the House of Delegates throughout legislative sessions and during interim periods. As in past years, we follow issues relating to patient advocacy; hospice services and end-of-life decisions; organ and tissue donation and education; diabetes health treatment; medical practice issues; behavioral health initiatives; child health care services; hospital topics; health care delivery systems; pharmaceutical availability; insurance; health care management; preventive health and wellness programs; and public safety. These are the issues represented by the firm Government Relations Specialists, LLC, the publisher of Health Care Highlights.

Today is the 55th day of the 60-day second regular session of the 79 th Legislature. Time has expired for the regular introduction of legislation. Currently, 1,378 House bills have been introduced, including 668 new bills and 710 carry-over bills from last session. The Senate has 701 bills. Of the 2,079 total bills introduced so far this session about 404 (20%) are health care related.

There are 59 health related bills still ACTIVE. That is 18% of the 320 bills that have been passed by at least one chamber on or before the deadline of March 3rd. These health bills are profiled inside this issue on our ACTIVE bill status list. In reviewing our bill status, you may notice that bills you have been following are not included in this issue and that could mean they are DEAD. That is our projection because these did not complete the passage route in their chamber of origin by the 50th day. This does not necessarily mean that a particular bill has been voted down. Make sure to double-check the ACTIVE list to determine if a DEAD bill might have been amended into an ACTIVE bill with some or all of the same provisions.

Inside Health Care Highlights this week we provide a complete status listing of all health related bills and some interim study resolutions. In addition, we report actions taken by legislative committees and other health care news items of general interest. Key Legislative Dates March 13 – Adjournment at midnight. (WV Const. Art. VI, §22)

Please feel free to contact us with any comments, suggestions or matters of interest. 2 Public Hearing, Key Committee Vote Today on ‘Optometry Surgery’ Bill at Capitol Physicians concerned about patient safety are heading to the State Capitol this morning to make their voices heard at a public hearing at 9 a.m. on Senate Bill 230, the bill that – as it passed the Senate – would allow optometrists to perform laser eye surgery. If the schedule holds, a key vote will come this evening in the House Health Committee, which has the bill on its agenda for a 4 p.m. meeting. Representatives of both the West Virginia Academy of Ophthalmology and the West Virginia Optometric Association have been meeting this week in negotiations with House Health Chair Don Perdue, Minority Chair Larry Border and staff counsel Nancy Tyler to explore any possible compromises. As this is written, nothing has been officially reported from the talks.

The one-hour public hearing is expected to allow both sides to split 40 minutes for presentations, alternating speakers “pro” and “con” on the bill. Then 20 minutes is reserved for questions by members. After the 11 a.m. legislative session, the Health Committee is then set to meet at 4 p.m. to officially consider SB 230. At this point, whether a substitute for the bill will be offered, whether amendments will be made, etc., etc., is up in the air. Therefore, those who oppose permitting optometrists to perform laser eye surgery – which cuts, burns and vaporizes tissue within the eye – can have an impact on the outcome if they show up and encourage their legislators to look very carefully at the medical issues. In addition, 26 national and state health, nursing, medical, surgical and hospital groups, and such independent groups as AARP, have come out against such legislation. The Veterans Administration has also adopted a policy for its hospitals that prohibits those who are not licensed medical physicians/surgeons from performing laser eye surgery.

On Thursday, members of the committee were briefed on the bill as passed out of the Senate by Committee Counsel Nancy Tyler. Delegate Barbara Evans Fleischauer noted delegates were working from a “clean” copy of the bill that did not reflect sections repealed, added or amended during Senate consideration. “That’s a major problem for us to vote on it,” she said, noting that Speaker Rick Thompson has adopted a practice that favors showing all strikethroughs and additions on key bills. “I’m trying to figure this out,” she said, as Chairman Perdue added, “Me, too.” Ms. Tyler indicated the staff will have a copy today that reflects changes that were made in the Senate. “One word can make a big difference,” Fleischauer said.

Stephen Powell, MD, representing the WV Academy of Ophthalmology and Greg Moore, OD, representing the Board of Optometry, fielded questions from lawmakers. Questions centered on the training differences between licensed medical doctors and osteopaths (physicians) and licensed optometrists. Delegate Barbara Hatfield told Moore, “I don’t know if you have the medical education” to handle a case if something went awry. “We would call in an emergency team,” Moore said. Dr. Powell pointed out that eye surgery complications need to be addressed right away. He also said licensed physicians undergo 12,000 hours during four additional years of medical and hospital residency and internship, which is way more training than optometrists. Moore said some optometric schools have “hands-on training; it depends on the school.” Powell noted that 49 states prohibit laser surgery by optometrists and asked how optometry schools can teach something that is not permitted by law.

Seven procedures have been “clarified” in the bill. Powell pointed out the ophthalmologists agreed to adding those procedures to the scope of practice for optometrists. But on the larger issue of laser eye surgery, Powell concluded, “When you start doing surgery that alters the eye – that cuts, burns and vaporizes – it’s over. You’ve changed that tissue forever.” As to the matter of “access” to ophthalmologists in West Virginia, Powell, a Morgantown physician, said, “There is no access problem or backlog here at all.”

AMA, National Osteopaths, College of Surgeons All Oppose ‘Optometry Surgery’ Bill Three of the most prestigious and recognized medical organizations in the nation are opposing SB 230, the ‘Optometry Surgery Bill,’ as passed by the State Senate. The American Osteopathic Association, the American Medical Association and the American College of Surgeons all express concerns that safe use of lasers requires the extensive education and training that comes only from one who has gone through medical school. “Optometrists do not go to medical school; and they receive no clinical residency training in general medicine or surgery,” wrote David B. Hoyt, Executive Director of the American College of Surgeons in Chicago. He said he was writing not only on behalf of the 77,000 surgeons in America, but especially on behalf of the 340 in West Virginia.

Members of the House Health and Human Resources Committee also received letters from the American Medical Association and the American Osteopathic Association, which together represent the nation’s allopathic and osteopathic physicians. “Surgery is surgery, whether by a scalpel or laser,” Michael Maves, MD, wrote the delegates, “Ophthalmologists’ training includes four years of medical or osteopathic education, and an additional three to seven years in post-graduate residencies and fellowships. In sharp contrast, optometric education and training rarely goes beyond the post-graduate level and is focused almost entirely on examining the eye for vision prescription, dispensing corrective lenses and performing some eye screening functions.” He said the AMA “strongly opposes S.B. 230 “because there is no way to safely perform laser or any other surgical procedure without the comprehensive education and training received in medical or osteopathic school.

Richard Greco, DO, president of the West Virginia Society of Osteopathic Medicine and Larry Wickless, DO, president of the American Osteopathic Association, asked delegates to oppose SB 230 in committee. “This bill would create patient safety concerns by expanding optometrists’ scope of practice beyond their education and training,” they wrote to committee chairman Delegate Don Perdue. “Unless optometrists raise their education and post-graduate training standards to match those of physicians, they should not be permitted to perform laser eye surgery, administer injections, order lab tests such as CT scans and MRIs, and refer to themselves as ‘optometric physicians.’ Lasers are surgical instruments that can cause permanent eye damage, visual loss and blindness,” they wrote. 3 Pace Quickens; Many Health Bills Fail to Meet Deadlines With significant deadlines having passed and/or approaching, there are a number of bills that will likely not receive any further legislative action this session. These include some of the following:

SB 157 - Medical and non-medical exemption from mandatory child immunizations SB 330 - Partnership to Promote Community Well-Being Act SB 438 - Prohibit wireless electronic texting while driving SB 528 - Create Commission on Scope of Practice in Health Care SB 581 - Primary Stroke Center Hospital Designation Act SB 663 - Initiate Health Lifestyles Restaurant Calorie Posting SB 672 - Revise Health Care Authority’s powers and duties HB 2055 - Nursing homes to post staffing information & granting rights to family HB 2248 - Employers to pay nurses at their regular rate of pay for all the time they are on-call on the employer's premises HB 2693 - Including testing for illegal drugs in newborns HB 2364 - Providing standards for hospitals' charity care programs and bad debt collection programs HB 2746 - Increase tax on tobacco products HB 2899 - Add Tramadol to Schedule IV of Uniform Controlled Substances Act HB 3247 - Require prescribers to check Board of Pharmacy data base for certain drugs HB 3311 - Clarify that certain hospitals have only one governing body whose meetings shall be open to the public HB 4302 - Patient Safety Act – nurse staffing ratios HB 4426 - End requirement that health facilities acquire a certificate of need to open HB 4569 - Review rates of all stand-alone rehabilitation hospitals and develop/implement a rate methodology Drug Abuse Bills Move from Senate to House As reported earlier in Health Care Highlights, several bills dealing with prescription drug abuse have been passed by the State Senate this year. They are now under consideration by the House Health Committee. Some will have a reference to a second committee and some will not, as the Legislature enters the final week. One of these bills allows pharmacists to see when patients “doctor shop,” as it is known, for prescription medications. AP reporter Tom Breen reports that two of the largest pharmacy chains in the state – Rite Aid and CVS – currently have policies in place that would prevent pharmacists from having access to the Internet. A spokesperson for Rite Aid, however, told Breen she did not think the West Virginia bill would be too onerous to meet. Other bills deal with mandated tamper resistant prescription pads and increased access to the online prescription drug database for the state medical examiner for fatal drug overdoses. For more on these bills see the “Prescriptions” bill listings in this week’s Health Care Highlights. Seatbelt Legislation Motors Through Senate It appears legislation that would make failure to use a seatbelt a primary offense has some traction this year in SB 130. The State Senate has voted to put some teeth into the law, mainly at the behest of Senator Corey Palumbo, who says the state will lose millions of dollars in highway funds if it does not do so. The bill lowers the fine for failure to use a seatbelt from $25 to $15. WVU-Charleston Snares $1 Million Maier Foundation Grant for Medical Research West Virginia University’s Charleston Division of the School of Medicine will enter the biomedical research field in a big way, thanks to a $1 million gift from the Maier Foundation. WVU President Jim Clements says it’s the largest grant ever to be applied to biomedical research in the Kanawha Valley, according to The Charleston Gazette’s Davin White. The Maier Foundation says the gift will fund a medical research chair in honor of William J. Maier, Jr., who created the foundation. His son, Charleston community leader Ed Maier, said the gift will be combined with a $1 million grant from the “Bucks for Brains” program. Dr. Clark Hansbarger, dean of the WVU Charleston Division, says this will launch the school on a parallel track with clinical programs it has operated since the 1970s. The Maier Foundation has been a significant financial supporter of WVU’s Charleston Division for more than 30 years. First Lady Tackles Childhood Obesity Epidemic Just back from the National Governors Association (NGA) meeting, First Lady Gayle Manchin is continuing to shine the spotlight on the problem of childhood obesity in West Virginia and the nation. “Even though we still have more work to do in our state, we are working together to address this serious problem. It is critical that all levels – parents, educators, public officials and health care providers – continue to work together to promote wellness, look for innovative ways to help our kids so they grow into healthy citizens and educate others on the importance of leading active, healthy lives.” Ms. Manchin is chair of the West Virginia Healthy Lifestyles Coalition and chair of both the West Virginia State Board of Education’s Wellness Committee and National Association of the State Boards of Education’s Wellness Committee. The NGA’s Best Practices Center issued a report last week recognizing West Virginia’s progress in challenging obesity and encouraging healthy lifestyles. The effort has “helped to increase physical education in our schools and give better nutritious foods to our children,” the first lady said. She added there will be a comprehensive wellness check for incoming kindergarten students in public schools, which she called “a major accomplishment that will help to identify childhood obesity.” It was this effort that was highlighted in a national press release of the NGA. 4 Health Care Highlights© Thom Stevens, Editor ACTIVE - House and Senate Health Care Bill Status as of 3/8/10 To order copies of bills or leave a message with a legislator: Call 1-877-56-LEGIS or visit www.legis.state.wv.us

Only ACTIVE Bills are listed. All others are considered INACTIVE or DEAD because they were not passed out of their originating legislative body by the 50th day – March 3rd.

To find a particular bill, look below for the bill number or general health category. A description of the bill is provided along with the bill sponsors, additional information about the bill, committee references, and other legislative action. For those receiving this newsletter electronically, please note that the blue underlined bill numbers are web links to the bill text, so you may click on the bill number (while holding down the control key) and information on the bill will open in your web browser.

APPROPRIATIONS & BUDGET HB 2010 Thompson & Armstead at Governor’s request Budget Bill, (FN) - To Finance. DHHR budget hearing 2/1. (See SB 213) The Senate will act first on the Budget Bill this session.

SB 213 Tomblin & Caruth at Governor’s request Budget Bill, (FN) - To Finance. DHHR budget hearing 2/2. (See HB 2010 )

CHILDREN SB 118 Stollings Requires parental consent for minors using tanning device – Judiciary reported; passed Senate 3/3; to House Judiciary.

SB 120 Stollings Requires certain students provide dental exam proof before entering school – Health reported Com Sub 1/29, Education reported 2/19; passed Senate 2/25; to House Health the Judiciary.

SB 122 Browning Increases mental health treatment refusal age of consent from 12 to 18 – Health reported, Judiciary reported; passed Senate 2/23; House Judiciary amended; 2 nd reading 3/8.

SB 349 Palumbo+ Requires child care centers have written evacuation plan – Health reported Com Sub; Judiciary reported Com Sub; passed Senate 2/24; House Health reported; passed House 3/5; to Governor.

SB 610 Helmick+ Extends statutory exemption to certain out-of-school time programs – Offered by DHHR and supported by the Boys and Girls Clubs of America. Finance reported; Gov. Org reported; passed Senate 3/3; to House Gov Org.

HEALTH & MEDICAL PROFESSIONALS SB 8 Kessler Include pharmacists and pharmacy in “health care provider” definition – Health reported; Judiciary reported Com Sub; passed Senate 3/3; to House Judiciary

SB 215 Tomblin & Caruth at Governor’s request Offense for assaulting volunteer firefighters, emergency medical technicians & emergency medical service employees – Judiciary reported Com Sub; Senate amended and passed 2/2; House Judiciary reported; 2 nd reading 3/8. [See HB 4029 ]

SB 230 Bowman+ Expansion of optometry scope of practice. Removes patient protections from current law such as limits on prescribed drugs & requirements for malpractice insurance; permits surgical procedures, medical procedures, injections of drugs, controlled substances & ordering of expensive diagnostic lab tests. Also allows optometrists, who are not physicians, to be able to call themselves Optometric Physicians.” Strongly opposed by AARP and 26 major health, medical surgical and hospital groups, licensure boards, medical schools, including WV State Medical Association, WV Academy of Family Physicians, WV Hospital Association & WV Academy of Ophthalmology. Senators had lots of concerns about this bill, including the fact that it was not referred to the Senate Health Committee as is customary. Gov. Org. reported Com Sub; floor amendments; passed Senate 2/23; to House Health – public hearing 3/8 9 AM on agenda for meeting 4 PM. [See HB 4131]

SB 372 Stollings+ Updates language in WV Medical Practice Act – Also provides a definition of surgery for physicians, physician assistants and podiatrists licensed under the Board of Medicine which reads: "Surgery" includes the use on humans of lasers, ionizing radiation, pulsed light and radiofrequency devices. Health reported; Passed Senate 2/17; House Health amended; to Gov. Org..

SB 373 Prezioso Creates Caregivers Consent Act – Health reported; Judiciary reported Com Sub; passed Senate 3/31; to House Health then Judiciary.

5 SB 584 Bowman Relates to Center for Nursing data collection policy – Gov. Org reported; passed Senate 3/1; House Health reported; 1 st reading 3/8. SB 618 Foster Relates to Osteopathic Physician Assistants – Makes prescriptive authority the same for PAs licensed by the Board of Medicine. Supported by the WV Board of Osteopathic Medicine. Health reported Com Sub; Gov. Org reported Com Sub; passed Senate 3/3; House Health amended; 1 st reading 3/8.

HB 3152 Caputo+ Athletic Trainers Registration Act - Gov. Org. amended; Judiciary reported Com Sub; passed House 3/3; to Senate Gov Org..

HB 4133 Morgan+ Relating to licensed professional counselors; clarifies eligibility to practice marriage and family therapy – The bill only provides technical clarification for ‘grandfather’ provisions. Gov. Org reported; Judiciary reported Com. Sub.; passed House 2/3; Senate Gov Org amended; Senate Judiciary amended; 2 nd reading 3/8.

HB 4138 Morgan+ Adds medical imaging/radiation therapy under Medical Imaging & Radiation Therapy Technology Board – Gov. Org reported; passed House 1/25; to Senate Gov. Org..

HB 4139 Morgan_ Relates to professional licensing boards; repealing antiquated provisions – Gov. Org reported Com. Sub.; passed House 2/1; to Senate Gov Org then Finance.

HB 4140 Morgan+ Relates to the Board of Physical Therapy, but does not expand scope of practice – Gov. Org. amended 1/22; Judiciary reported Com Sub 2/3; passed House 2/8; to Senate Gov Org.

HB 4143 Morgan+ Relates to emergency medical services – Gov Org amended; Judiciary reported Com Sub; passed House 2/17; to Senate Gov. Org..

HB 4220 Perry+ Board of Medicine to include radiologic practitioner assistant as radiologist assistant – Health reported Com Sub 2/11; passed House 2/16; to Senate Health then Gov.Org..

HB 4534 Caputo+ Increases penalty for failing to stop/render aid after motor vehicle accident – Judiciary reported Com Sub; passed House 3/3; to Senate Judiciary then Finance

HOSPITALS

INSURANCE & HEALTH COVERAGE SB 442 Helmick Clarifies PEIA Finance Board may offset certain annual retiree premium increases – Pensions reported; Finance reported; passed Senate 3/3; to House Finance.

SB 446 Helmick+ Clarifies deceased public employees' survivors may participate in major medical group plans only (FN) Judiciary reported Com Sub; Finance reported; passed Senate 2/26; House Insurance amended; to Finance.

SB 449 Helmick+ PEIA preexisting conditions limitations – Judiciary reported Com Sub; Finance reported; passed Senate 3/3; to House Finance.

SB 483 Minard HMOs may offer point of service option – Health reported Com Sub; Insurance reported; passed Senate 2/26; to House Judiciary.

SB 665 Prezioso Transfers certain Health Care Authority duties to Insurance Comm. – The bill transfers from HCA to the Insurance Commissioner duties regarding the creation of uniform health care forms, authorizes an all-payer database,, and collaboration with DHHR in managing and analyzing health care data. Health reported Com Sub; passed Senate 3/3; House Health amended; 1 st reading 3/8. [See HB 4649 ]

HB 4128 Perry Relates to insurance companies deemed in hazardous financial condition – Insurance amended; Judiciary reported Com Sub; passed House 2/10; Senate Insurance reported; passed Senate 3/3; to Governor.

HB 4176 Perdue+ Credentialing of health care practitioners - The bill was developed by a workgroup directed to recommend legislation for a statewide system. The bill specifies one credentialing verification organization. Currently there are several CVOs already operating. Modifications to the bill include requiring contract competitive bidding and clarifying that it does apply to hospital privileging or other staff appointments. [Interim Bill] Health amended; Judiciary reported Com Sub; passed House 2/17; Senate Health amended (technical); to Insurance. (See SB 346)

HB 4373 Cann+ Removes 12-month look-back period for kids with employer insurance to be able to enroll in CHIP – Insurance reported; Judiciary reported; passed House 3/2; to Senate Insurance then Finance.

6 MISCELLANEOUS SB 328 Bowman Relates to professional licensing boards posting fee increase proposals – Gov. Org. reported Com Sub; Finance reported; passed senate 3/3; to House Gov Org then Finance

SB 422 Foster Liability limits for certain defibrillator users – Judiciary reported Com Sub; passed Senate 2/22; House Health reported; to Judiciary.

SB 604 Bowman Extends mental hygiene procedures sunset provision – Gov. Org. reported; passed Senate 3/1; House amended to include HB 4563; passed House 3/5; pending Senate approval of House amendment.

SB 657 Prezioso+ Creates WV Traumatic Brain Injury Act – The bill collects new revenue from certain governmental form fees to help fund a Medicaid waiver program to assist persons in their homes who otherwise would be institutionalized. It would also help fund programs for those ineligible for Medicaid through a separate trust fund. Health reported Com Sub; Finance reported Com Sub; passed Senate 3/3; to House Finance

HB 2503 Carmichael Licensed tattoo artist to inform patrons of potential MRI problems - Information provided to patron prior to procedure of possible problems caused by tattoo in reading of magnetic resonance imaging. Health amended; Judiciary reported Com Sub; passed House 2/4; to Senate Health

HB 4217 Hamilton+ Requires WV Enhanced 911 Council to propose Emergency Medical Dispatch procedures – Political Subdivisions amended; Judiciary reported Com Sub; passed House 3/3; to Senate Gov Org then Judiciary.

HB 4281 Ellem+ Replace references to ‘mental retardation’ with ‘intellectual disability’ – Judiciary reported Com Sub; passed House 2/15; to Senate Judiciary.

HB 4374 Moore+ Caregivers Consent Act – Health reported; Judiciary reported Com Sub; passed House 3/3; Senate 3 rd reading 3/8.

HB 4531 Brown+ Disallows shackling of incarcerated pregnant women except in certain circumstances – Judiciary reported Com Sub; passed House 3/3; to Senate Judiciary.

HB 4557 Perdue+ LOCCHRA review DHHR purchase orders over $500,000 – Health reported Com Sub; passed House 2/26; to Senate Health then Finance.

MOTOR VEHICLE SAFETY SB 4 Palumbo Authorizes DMV to issue various special organization license plates. Includes: CAMC Women and Children's Hospital, Registered Nurses & Licensed Practical Nurses, War on Terrorism Service Medal & the War on Terrorism Service Medal logo. In God We Trust, Friends of Coal, Coal Miner, Bethany College, Volunteer Fire Departments (motorcycle. This bill conflicts with HB 4172 – passed Senate 3/2; to House Transportation then Finance.

SB 130 Palumbo Makes failure to wear safety belts a primary offense – Transportation amended; Judiciary reported; passed Senate 3/3; to House Transportation then Judiciary.

SB 443 Kessler+ Certain DUI offenders participate in Motor Vehicle Alcohol Test/Lock Program [Interim Bill] – Judiciary reported Com Sub; passed Senate 2/23; to House Judiciary then Finance.

HB 4167 Miley+ Create DHHR Safety/Treatment special revenue fund [Interim Bill] (FN) – Judiciary amended; Finance reported Com Sub; passed House 3/3; to Senate Finance. (See SB 341)

HB 4172 Martin+ Authorizes DMV issue special license plates [Interim Bill] This bill conflicts with SB 4. Transportation amended; Finance reported Com Sub; passed House 3/3; to Senate Transportation (See SB 344)

NURSING HOMES, LONG TERM CARE & SENIORS HB 4186 Williams+ Re: practice of nursing home administration – The purpose of this bill is to update the law governing the practice of nursing home administration. Seniors amended: Judiciary reported Com Sub; passed House 2/26; Senate Health reported; to Gov Org.

HB 4425 Perdue+ Pilot program for unlicensed personnel to administer medication in nursing home – The pilot program is to be developed by the WV Health Care Association & Board of Registered Nurses. (Interim Bill) – Health reported; Judiciary reported Com Sub; passed House 3/3; to Senate Health then Gov Org. [See SB 524 )

7 PRESCRIPTION MEDICATIONS & DRUG USE SB 81 Jenkins Creates WV Official Prescription Program Act – Health reported Com Sub; Judiciary reported; passed Senate 3/3; House Health reported; 2 nd reading 3/8

SB 362 Jenkins+ Prohibits providing false information to obtained controlled substances Rx – Judiciary reported Com Sub; passed Senate 3/3; House Health reported; to Judiciary

SB 365 Jenkins+ Require all pharmacies to provide personnel online access to controlled substances database – The modified bill includes provisions of SB 364 permitting the Chief Medical Examiner to inspect certain controlled substances data base information. The bill now applies to all pharmacies when a controlled substances prescription is dispensed. Immunity provisions are provided for practitioners and they are not required to access the West Virginia Controlled Substances Monitoring Program database. Health reported Com Sub: Judiciary reported Com Sub; passed Senate 3/3; House Health reported; to 1st reading 3/8.

SB 514 Jenkins+ Clarifies language in Controlled Substances Monitoring Act – Health reported; Judiciary reported; passed Senate 2/23; House Health reported; passed House 3/5; to Governor

HB 2485 Border+ Pharmacy interns may vend ephedrine, pseudoephedrine, phenylpropanolamine or similar precursors – A technical clarification of current law. Health reported; Judiciary reported; passed House 2/1; Senate Health reported; to Judiciary.

HB 4018 Poling+ Possession of mixture for human consumption containing salvia divinorum is unlawful – Judiciary reported Com. Sub. 1/27; passed House 2/1; to Senate Judiciary.

HB 4666 Perdue+ Creates new funding for substance abuse programs - The bill creates a special revenue fund to provide substance abuse prevention, intervention, treatment and recovery services, but no funding is allocated in the bill. – Health reported; Finance reported Com sub; floor amendment adopted; passed House 3/3; to Senate Health then Finance.

REPRODUCTIVE RIGHTS & ABORTION SB 597 Kessler+ Allowing women seeking elective abortion an opportunity before the procedure to see fetus ultrasound image – Health reported Com Sub; Judiciary reported Com Sub.; passed Senate 3/2; to House Health (Public Hearing held 3/5) then to Judiciary.

RULE MAKING & LEGISLATIVE REVIEW State agencies, boards and commissions are often given statutory authority to promulgate rules. These are known as “legislative rules” and require subsequent approval by the Legislature. The rules promulgated by these groups go through extensive review during the interim period by the Legislative Rule Making Review Committee, and if approved, then are introduced for legislative consideration in individual rules-bills. The rules-bills are then assigned to various committees, eventually ending up in the Judiciary Committees of the Senate and House of Delegates. There they are bundled into categories of rules-bills.

The following are the “rules bundles,” containing the previously introduced individual rules-bills:

HB 4108 Authorizes various health boards to promulgate legislative rules – passed House 2/24; to Senate Judiciary Committee This rules- bill bundle contains these individual rules previously contained in the following bills: HB 4108 Licensed Practical Nurses Board – education programs. [See SB 297] HB 4055 Medicine Board – health program fees for Physicians/PAs/Podiatrists [See SB 298] HB 4083 Counseling Board – marriage & family license renewal. [See SB 262] HB 4084 Counseling Board – counselor fees. [See SB 263] HB 4085 Counseling Board – counseling license renewal. [See SB 264] HB 4086 Counseling Board – licensing. [See SB 265] HB 4087 Counseling Board – licensing fees. [See SB 266] HB 4116 Osteopathy Board – licensing. [See SB 309 ] HB 4117 Osteopathy Board – limited liability companies. [See SB 310] HB 4118 Osteopathy Board – fees. [See SB 311] HB 4236 Psychologists Board – license qualifications. [See SB 415]

SB 286 Authorizes DHHR to promulgate legislative rules – passed Senate 3/3; to House Judiciary Committee This rules- bill bundle contains these individual rules previously contained in the following bills: SB 287 DHHR – service fees. [See HB 4100 ] SB 288 DHHR – state aid to local health boards. [See HB 4101] SB 289 DHHR - Health Care Authority – hospital ambulatory care facilities. [See HB 4103 ] SB 290 DHHR – nurse aide abuse registry. Health amended 1/27; to Judiciary [See HB 4102] SB 408 DHHR - out-of-school-time child care center licensing – [See HB 4229] 8 SB 407 Authorizes Dept. of Administration to promulgate legislative rules – passed Senate 3/3; to House Judiciary Committee This rules- bill bundle contains these individual rules previously contained in the following bills: SB 293 Insurance Commission – Life & Health Guaranty Association Act. [See HB 4053] SB 294 Insurance Commission – mental health parity. [See HB 4106] SB 295 Insurance Commission – viatical settlements. [See HB 4054 ] SB 296 Insurance Commission – senior-specific designations life insurance [See HB 4107] SB 320 Tax – drugs, durable medical goods, etc. [See HB 4125] SB 407 WV Health Insurance Plan - preexisting conditions exclusion [See HB 4228 ] SB 409 Insurance Commissioner - variable life insurance [See HB 4230] SB 410 Insurance Commissioner - annuity disclosure [See HB 4227] SB 411 Insurance Commissioner - Medicare supplement insurance [See HB 4232 ] SB 412 Insurance Commissioner - coordination of health benefits [See HB 4233] SB 413 Insurance Commissioner - preventive care pilot program [See HB 4234 ]

TOBACCO HB 2773 Lawrence+ Increases penalties for selling tobacco products to minors – Judiciary reported Com Sub 2/5: passed House 2/10; to Senate Judiciary then Finance

RESOLUTIONS – REQUESTING INTERIM LEGISLATIVE STUDIES HCR 74 Request interim study of independent 3rd party peer review of informal dispute resolution process for nursing homes. To House Rules. On active calendar 3/8.

HCR 77 Request interim study of care and prevention of concussion injuries in sports regulated by the Secondary Schools. To House Rules. On active calendar 3/8.

SR 18 Request Senate substance abuse study committee review relationship between substance abuse and dropouts. To Senate Rules.

SCR 27 Amending Joint Rules to create Joint Committee on Scope of Medical Practice. To Senate Rules.

SCR 32 Request interim study of non-narcotic pain treatment. To Senate Health then Rules

SCR 39 Request interim study of tobacco-related tax uses. To Senate Finance then Rules

SCR 54 Request interim study establishing health care profession scope of practice commission. To Senate Rules.

New Online ‘Audio Stream’ Available For House Sessions The House of Delegates is offering streaming audio of House floor sessions and certain committee meetings during the 2010 legislative session. The system for audio streaming by computer is available on the web site at http://www.legis.state.wv.us/live.cfm.

How to Contact Your Legislators The West Virginia Legislature has expanded information available through its Internet web-site http://www.legis.state.wv.us/. E-mails may be sent to Senators and Delegates by looking within the website for individual legislators or specify the name and send to [email protected]. Faxes to Delegates may be sent to 304-340-3315 and to State Senators at 304-357-7829. Leave voice- mail messages for legislators or request other information, including copies of bills, by dialing 1-877-56-LEGIS (1-877-565-3447).

9 Health Care Highlights© Thom Stevens, Editor A Comprehensive Newsletter Covering Activities of the West Virginia Legislature and State Government Your Best Source for West Virginia Legislative & Governmental Health Information

March Capitol Health Care Events March 8 Problem Gamblers Network of WV March 10 WV Public Health Association March 12 WV Alzheimer’s Association

Quote(s) of the Week --- “When you start doing surgery that alters the eye – that cuts, burns and vaporizes – it’s over. You’ve changed that tissue forever.” --- Stephen Powell, MD, ophthalmologist, to members of the House Health Committee

--- “Meanwhile, the first rational moment in the optomet/ophthal turf war came last week with a Senate Health and Human Resources Committee study resolution on creating a Scope of Practice of Health Care Professionals Commission. Both Perdue and Senate HHR Chairman Roman Prezioso, D-Marion, agree (and they don't that often) that decisions on who is and isn't qualified to perform various medical procedures should be in the hands of medical experts.” ---Phil Kabler, Statehouse Beat Column – Sunday Gazette-Mail, March 7, 2010

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Health Care Highlights© Capitol Station, P.O. Box 5008 Charleston, WV 25361 Inside Health Care Highlights This Week Welcome to the Eighth Issue in 2010 Key Legislative Dates Public Hearing, Key Committee Vote Today on ‘Optometry Surgery’ Bill at Capitol AMA, National Osteopaths, College of Surgeons All Oppose ‘Optometry Surgery’ Bill Pace Quickens; Many Health Bills Fail to Meet Deadlines Drug Abuse Bills Move from Senate to House Seatbelt Legislation Motors Through Senate WVU-Charleston Snares $1 Million Maier Foundation Grant for Medical Research First Lady Tackles Childhood Obesity Epidemic Complete Bill Status of ACTIVE Health Related Bills New Online ‘Audio Stream’ Available For House Sessions How To Contact Your Legislators March Capitol Health Care Events Quote(s) of the Week