W. Va. Code R. § 11-3-9 - Board Membership and Organization

9.1. Members of the Board shall be appointed and serve as provided by W. Va. Code § 30-3-5.

9.2. Every two (2) years, the Board shall elect from its members a President and Vice-President. The State Health Officer or his or her designee shall serve as Secretary of the Board. The Board may elect such other officers as it deems necessary to perform its duties.

9.3. The President shall preserve order and conduct all proceedings according to and by parliamentary rules, and demand conformity thereto on the part of the members. The President shall appoint all committees, unless otherwise ordered by the Board or specifically provided by law, and notify any appointee of his or her appointment and he or she shall sign his or her name as President to the certificates and licenses authorized to be signed by the President.

9.4. The Vice-President shall act as President in the absence of the President.

9.5. The Board shall keep true records of all general and special acts of the Board and all papers of value and shall preserve a record of all individuals licensed or disciplined by the Board. The Secretary shall sign certificates and licenses authorized to be issued by the Board and shall perform all such duties as naturally pertain to his or her office.

9.6. The Board may employ an Executive Director who shall work under the immediate supervision of the President and Secretary in administering the day-to-day activities of the Board.

9.7. The Board may appoint, employ or contract with duly licensed physicians, or podiatrists, or physician assistants, as appropriate, to serve as medical or podiatric consultants to the Board on a part-time basis. A medical or podiatric consultant shall be vested with the following powers and shall perform the following duties:

9.7.a. Review matters requiring medical expertise for decision to come to the attention of the Board;

9.7.b. Provide medical advice to the Executive Director and the investigative staff in all matters requiring pertinent medical knowledge; and

9.7.c. Medically evaluate investigative reports, when necessary, and assist in the preparation of matters to be heard by the Board or any matter in which the Board is involved.

The authority so delegated is not intended to divest the Board of the power to elect to perform any such function at any regular or special meeting of the Board, but is a delegation to enable the performance of these Board functions at such times as the Board is not in session, and to assist the Board in the more efficient and lawful handling of its affairs.

9.8. The order of business during any regular or special meeting of the Board shall be governed by the Sturgis Rules of Order.

9.9. Permanent committees are as follows:

9.9.a. The executive/management committee shall consist of the officers of the Board plus one (1) other member of the Board, as appointed by the President. The President shall serve as chair of the committee. The committee shall oversee the day-to-day operation of the Board and shall be responsible for all financial matters with the exception of the setting of fees which, where discretionary under the law, shall be the responsibility of the entire Board.

9.9.b. The licensure committee shall consist of three (3) or more members appointed by the President. The President shall designate one (1) member to be chair of the committee. The committee shall consider all matters relating to applicants for, and renewal of, physician and podiatric licensure. The licensure committee may request the Board to issue subpoenas and subpoenas duces tecum as required to carry out its purposes and responsibilities.

9.9.c. The legislative committee shall consist of three (3) or more members appointed by the President. The President shall designate one (1) member to be chair of the committee. The committee shall consider all questions bearing upon state and national legislation and shall recommend from time to time such changes in the law as it may deem advisable and, at the direction of the Board, shall take such steps as may further the desire of the Board in matters of legislation. Proposed changes in the rules shall be presented by the legislative committee, in writing, to all Board members.

9.9.d. The complaint committee shall consist of three (3) or more members of the Board appointed by the President. The President shall designate one (1) member to be chair of the committee. Upon receipt of a complaint submitted to the Board, the matter shall be referred to the complaint committee for further disposition.

9.9.e. The Board may create such additional permanent committees as it deems necessary to carry out its purposes and duties.

9.10. The President may appoint such temporary committees as are necessary to assist the Board in the performance of its duties and responsibilities and shall empower each such committee with a delegation of such Board authority as is necessary to accomplish the purpose of such temporary committees.

Notes

W. Va. Code R. § 11-3-9