West Virginia Code § 30-1A-2

Required application for regulation of professional or occupational group;
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application and reporting dates.
(a) The Joint Standing Committee on Government Organization is responsible for facilitating
the review of all legislation to enact or modify an occupational regulation to ensure
compliance with the policy in §30-1A-1 of this code. The Joint Standing Committee on
Government Organization shall refer the review of a proposal for regulatione of any
unregulated profession or occupation to the Performance Evaluation and Research Division
of the Office of the Legislative Auditor. r
(b) Any professional or occupational group or organization, any uindividual, or any other
interested party that proposes the regulation of any unregulated profession or occupation, or
who proposes to establish, revise, or expand the scope of pratctice of a regulated profession
or occupation shall submit an application to the Joint Standing Committee on Government
Organization, as set out in this article.
(c) The Joint Standing Committee on Government lOrganization may only accept an
application for regulation of a profession or ocscupation, or establishment, revision, or
expansion of the scope of practice of a regulated profession or occupation, when the party
submitting an application files with the committee a statement of support for the proposed
regulation that has been signed by agt least 10 residents or citizens of the State of West
Virginia who are members of the professional or occupational group or organization for
which regulation is being sougeht, or for which establishment, revision, or expansion of the
scope of practice of a regulated profession or occupation is being sought.
(d) The completed application shall contain:
(1) A description of the occupation or profession for which regulation is proposed, or for
which establishment, revision, or expansion of the scope of practice of a regulated
profession or occupation is proposed, including a list of associations, organizations, and
othWer groups currently representing the practitioners in this state, and an estimate of the
number of practitioners in each group;
(2) A definition of the problem and the reasons why regulation or establishment, revision, or
expansion of the scope of practice is necessary;
(3) The reasons why government certification, government registration, occupational
licensure, or other type of regulation is being requested and why that regulatory alternative
was chosen over a less restrictive alternative;
(4) A detailed statement of the proposed funding mechanism to pay the administrative costs
of the regulation or the establishment, revision, or expansion of the scope of practice, or of
the fee structure conforming with the statutory requirements of financial autonomy as set
out in this chapter;
(5) A detailed statement of the location and manner in which the group plans to maintain
records which are accessible to the public as set out in this chapter;
(6) The benefit to the public that would result from the proposed regulation or
establishment, revision, or expansion of the scope of practice;
(7) The cost of the proposed regulation or establishment, revision, or expansion of the scope
of practice; and
(8) Evidence, if any, of present, significant, and substantiated harms to consumers in the
state. u

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