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An Overview of the 2021 West Virginia Legislative Session
The 2021 regular session of the West Virginia Legislature adjourned sine die on April 10 at midnight . In 60 days , a total of 2,039 bills were introduced or originated , and 282 completed legislative action . All bills that completed legislative action became law . During the session , numerous bills with an impact on public health and the profession and practice of medicine were introduced and considered . Below is a brief description of the most significant such bills and their disposition .
The following bills were enacted into law and approved by Governor Jim Justice :
Senate Bill ( SB ) 12 , relating to local health department accountability : This law is in effect as of June 2 , 2021 , and grants more control to local government , such as county commissions , over rules promulgated by health boards . Specifically , it requires a 30-day public comment period for new or amended rules and authorizes county commissions to approve , disapprove , and even amend such health rules . Where there is joint control over a health department , but only one entity approves a new or amended rule , then such rule is in effect only in that jurisdiction . Existing local health rules , unless amended , are not affected by the new law . Finally , local health departments come under the control of the state health officer during a state of emergency in that county .
SB 277 , relating to the COVID Jobs Protection Act : This law is effective retroactively to January 1 , 2020 . The new law states that there is no claim against any person , including healthcare facilities , providers , and first responders , for any loss or damage arising from COVID-19 , COVID-19 care , or impacted care . Impacted care means care that is delayed or otherwise adversely affected at a healthcare facility or by a provider during the COVID-19 emergency . A special procedure in medical malpractice cases is created where a defendant can raise immunity arising from impacted care . That issue must be separately investigated and , if it is found that the claim arises from impacted care , the case must be dismissed . Finally , intentional conduct with actual malice is excluded from the protections afforded by the new law .
SB 334 , relating to harm reduction programs : This law goes into effect on July 9 , 2021 . Notably , the new law establishes a more stringent license application process within the Office of Health Facility Licensure and Certification for new and existing harm reduction programs . Those programs must offer or refer clients to wellness checks , wound treatment from needle sticks , screening from communicable diseases , vaccination availability , and counseling , among other things . The law also sets a goal of a 1:1 ratio for needle exchanges . Such programs must obtain the approval from the majority of the governing body of the county or municipality wherein they are or will be locating . Any existing provider not offering the full array of harm reduction services set forth in the new law shall cease and desist offering needle exchange services . Providers already offering the full services have until January 1 , 2022 , to come into compliance .
SB 714 , relating to the Physician Assistant Practice Act : This law eliminates the practice agreement requirements in favor of a practice notification . While the law retains the prohibition against independent practice , it now permits physicians assistants ( PA ) to practice in collaboration with physicians in any practice setting provided that the collaborating physician be able to observe and direct the PA as necessary . PAs may only provide those medical services for which they have been prepared by their education , training , and experience . The law provides limited prescriptive authority for Schedule II drugs to PAs and advanced practice registered nurses ( APRNs ). This law goes into effect on July 8 , 2021 .
House Bil ( HB ) 2024 , relating to telemedicine : This law is in effect as of March 30 , 2021 , and includes audio-only telehealth ; limits telehealth services to a maximum of one year before requiring an in-person appointment ; permits prescribing of certain controlled substances to established patients ; provides the licensing boards with greater oversight of out-of-state applicants ; and establishes payment parity for services provided via telemedicine and those provided in-person . An established patient is a person who has received professional services face to face within three years prior to the telemedicine services . The one-year limitation on these services may be suspended on a case to case basis by the practitioner .
HB 2266 , relating to expanding certain insurance coverage : This law went into effect on April 10 , 2021 , and extends Medicaid neo-natal health coverage from 60 days in existing law to one-year post-partum .
HB 2368 , creating the Mylissa Smith Law : This law went into effect on April 10 , 2021 , and provides that during a public health state of emergency for a contagious disease , healthcare facilities shall permit visitation not less than once every five days . If the patient ’ s death is imminent , the facility shall allow visitation at any time and frequency . Facilities are not liable for any harm resulting from exposure as a result of the visitation , unless they failed to comply with applicable health and safety procedures .
HB 2905 , repealing certain criminal penalties : This law goes into effect on June 23 , 2021 . In short , the use of the prefix Doctor or Dr ., without specifying the particular educational degree , in any letter , advertisement , or public display is now no longer subject to a criminal penalty .
HB 2982 , relating to chemically induced abortions : This law goes into effect on July 9 , 2021 , and requires that certain defined information about the process of chemical abortion , including the possibility of reversing the same , be provided to a woman prior to prescribing pharmaceuticals for or administering a chemical abortion . Physicians would be granted immunity from loss or damages arising from any information provided relating to counteracting the intended effects of a chemical abortion .
These bills failed to complete legislative action :
SB 39 , prohibiting insurance prior authorization to stage cancer : The bill would provide that no insurance plan issued or renewed on or after July 1 , 2022 , may require prior authorization for physician prescribed tests to stage cancer , including , but not limited to , computerized tomography scans , magnetic resonance imaging scans , and positron emission tomography scans .
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