SB 100 , relating to physician tax credits : This bill would establish a tax credit for physicians who are new graduates and locate to West Virginia to practice medicine for at least six years .
SB 349 , relating to boards of health : This bill would prohibit the West Virginia Department of Health and Human Resources ( DHHR ), Bureau of Public Health , or local health boards from entering private businesses that are not under their jurisdiction .
SB 590 , relating to medical cannabis : This bill would permit medical cannabis to be prescribed in edible form and provide DHHR with authority over the appearance and merchandising of the edible forms .
SB 598 , creating the Youth Mental Health Protection Act : This bill would protect lesbian , gay , bisexual , and transgender youth from conversion therapy and prohibit any referral for such services .
SB 621 , relating to covenants not to compete : This bill would declare that covenants not to compete between an employer and healthcare providers such as physicians , APRNs , and PAs are null and void after August 1 , 2021 , for new and existing contracts entered into , modified , or extended after that date .
SB 687 and SB 691 , relating to the Medical Professional Liability Act : Both permitted the deposition of the healthcare provider submitting a screening certificate of merit in a claim for medical malpractice .
HB 2264 , relating to certificate of need ( CON ) exemptions for hospitals : This bill removed from CON consideration hospital services , defined as in-patient services , out-patient services , emergency room services , surgical services , diagnostic and imaging services , and laboratory services provided on a hospital ’ s campus .
HB 2271 , HB 2272 , HB 2289 , HB 2728 , HB 2783 , and HB 3197 , all relating to compulsory immunizations . Each of these bills would have weakened the state ’ s compulsory immunization laws . For instance , some would permit out of state physicians to provide exemptions , recognize conscientious or personal objections , or eliminate the immunization requirements for private and parochial schools .
HB 2311 , relating to electronic prescriptions : This bill mandated that as of July 1 , 2021 , all prescriptions must be made electronically from issuer to a pharmacy . Certain exceptions were recognized such as technical failures and a one-year waiver program would be established due to economic hardship .
HB 2674 , relating to administration of anesthesia : This bill updated the certified registered nurse anesthetists ( CRNA ) education and certification requirements , deleted the requirement in existing law that they administer anesthesia in the presence and under the supervision of a physician , and permitted such where the CRNA cooperates with a physician . Cooperation is defined a process in which the CRNA and the surgeon work together with each contributing an area of expertise , at their individual and respective levels of education and training .
HB 2754 , relating to smoking in vehicles : This bill prohibited smoking in vehicle when a child under the age of eight is present . Violations of this prohibition are a secondary offense and punishable by a fine .
If you have questions , you may direct the same to amacia @ spilmanlaw . com or to the WVSMA at info @ wvsma . org .
AUTHOR
Alexander Macia , Esq . is a partner at Spilman Thomas & Battle , PLLC and co-chair of the firm ’ s government relations group . In addition to his litigation and administrative practice on behalf of healthcare providers , Macia has also been the registered lobbyist for the West Virginia State Medical Association for the past four legislative sessions .
Building for Lease on Charleston ’ s Historic West Side
EXISTING BUILDING
FUTURE RENOVATED BUILDING
• 4,000 sq . ft . ( 2,000 sq . ft . on each floor )
• 35 parking spaces
• Corner of Ohio Avenue and Washington Street
• Build to suit
• Property includes 12,800 sq . ft . for additional parking
For more information , contact Walter Moore at 304-342-6001 .
West Virginia Medical Journal • June 2021 • 45