HB 5458: Relating to professionals to be licensed by the West Virginia Board of Medicine - West Virginia

Committee Substitute → Engrossed Committee Substitute · 5 edits · Mar 9, 2026

MODERATE

This bill updates the West Virginia Board of Medicine's structure and adds a new Genetic Counselors Practice Act. It clarifies the Board Secretary's role, modernizes licensing records to include electronic signatures, and establishes a new license for genetic counselors with specific scope of practice and disciplinary rules.

Scope change

The bill expands the Board of Medicine's jurisdiction to include genetic counselors and modifies the scope of practice for physicians regarding summer camp licenses and faculty appointments.

SCOPE

Created a new Genetic Counselors Practice Act (Article 3H) to regulate genetic counseling, including licensure, scope of practice, and disciplinary procedures.

REQUIREMENT

Updated the Board Secretary's duties to include signing licenses and reports, and authorized the use of electronic signatures for licenses and credentials.

Revised the Summer Camp License section to clarify that the license is issued for a specific three-week period and requires proof of graduation from an approved medical school.

ENFORCEMENT

Added a felony penalty for genetic counselors who falsely represent themselves as licensed physicians, punishable by up to two years in prison or a $2,000 fine.

DEFINITION

Updated the definition of the Board Secretary to explicitly state that the State Health Officer acts as secretary and signs documents alongside the Board President.

Introduced Version → Committee Substitute · 6 edits

MODERATE

This bill amends the West Virginia Medical Practice Act to create a new Genetic Counselors Practice Act, establishing a mandatory licensing requirement for genetic counselors effective July 1, 2026. The legislation defines the scope of practice, sets licensure and continuing education standards, and creates a separate complaint file system for disciplinary actions. It also strengthens existing criminal background check requirements for new medical applicants and clarifies board composition rules.

Scope change

The bill significantly expands the scope of the West Virginia Board of Medicine by adding genetic counselors as a new regulated profession, while simultaneously clarifying and expanding background check requirements for all new applicants to various medical boards.

SCOPE

Creation of a new Genetic Counselors Practice Act establishing a distinct licensing pathway for genetic counselors.

REQUIREMENT

Mandatory criminal background checks for all first-time applicants to the West Virginia Board of Medicine and related boards.

Establishment of a separate complaint file system for genetic counselors and other licensees, distinct from their historical record.

ELIGIBILITY

Clarification of board membership eligibility, including specific residency and financial interest restrictions for citizen members.

ENFORCEMENT

Prohibition against genetic counselors representing themselves as licensed physicians, punishable as a felony.

TECHNICAL

Minor formatting and text cleanup changes throughout the existing medical practice sections.

Engrossed Committee Substitute → Enrolled Committee Substitute · 7 edits · Apr 1, 2026

MODERATE

This bill enacts a new Genetic Counselors Practice Act, creating a mandatory licensure requirement for genetic counselors in West Virginia effective July 1, 2026. It establishes a new 'Active Candidate Status' permit for those awaiting full certification and defines the specific scope of practice, which explicitly prohibits genetic counselors from diagnosing, treating, or representing themselves as physicians. The legislation also tightens criminal background check requirements for medical license applicants and repeals several outdated provisions regarding administrative medicine and temporary licenses.

Scope change

The bill significantly expands the regulatory scope by adding a new professional category (genetic counselors) to the state's medical licensing framework while simultaneously narrowing the scope of practice for existing genetic counselors to strictly exclude diagnosis and treatment.

SCOPE

Created a new Genetic Counselors Practice Act (Article 3H) establishing a new license category for genetic counselors.

Repealed previous sections related to administrative medicine licenses and temporary licenses for nursing home physicians.

ELIGIBILITY

Established a new 'Active Candidate Status' permit allowing individuals to practice under supervision while awaiting full certification.

REQUIREMENT

Mandated criminal background checks for new applicants to various medical licensing boards, including genetic counselors.

ENFORCEMENT

Added a felony penalty for genetic counselors or permittees who falsely represent themselves as licensed physicians.

DEFINITION

Defined 'genetic counseling' to exclude diagnosis, treatment, or prescription of medication, requiring referrals to physicians for such needs.

TIMELINE

Set the effective date for the new genetic counselor licensure requirements as July 1, 2026.

Relating to professionals to be licensed by the West Virginia Board of Medicine

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