reglab/housing_qa huggingface dataset:
WV Code § 30-1A-4 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1A. Procedure for Regulation of Occupations and Professions|§30-1A-4. Public Hearing and Committee Recommendations

(a) After receiving the required report, the Joint Standing Committee on Government Organization may conduct public hearings to receive testimony from the public, the Governor or his or her designee, the group, organization, or individual who submitted the proposal for regulation, a professional who works in the field, a board member who regulates the profession, and any other interested party.(b) The Joint Standing Committee on Government Organization may issue additional findings and recommendations regarding:(1) The least restrictive regulation of the occupation or profession; and(2) Whether regulation would result in the creation of a new agency or board or could be implemented more efficiently through an existing agency or board.(c) The Joint Standing Committee on Government Organization shall provide the Performance Evaluation and Research Division of the Office of the Legislative Auditors report and its findings and recommendations, if any, to the next regular session of the Legislature.(d) The Performance Evaluation and Research Division of the Office of the Legislative Auditor shall publish its report on its website. The Joint Standing Committee on Government Organization shall also make the report and any additional findings and recommendations publicly available. (e) Any committee considering legislation to enact or modify an occupational regulation shall receive the Performance Evaluation and Research Division of the Office of the Legislative Auditors report and the Joint Standing Committee on Government Organizations findings and recommendations as provided for in subsection (b) of this section, if applicable, prior to voting on the legislation.(f) Nothing in this article shall be construed to preempt federal regulation or to require a private certification organization to grant or deny private certification to any individual.
WV Code § 30-1A-5 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1A. Procedure for Regulation of Occupations and Professions|§30-1A-5. Review of Existing Occupational Licenses

(a) Starting on July 1, 2021, the Performance Evaluation and Research Division of the Office of the Legislative Auditor is responsible for annually reviewing those current occupational licenses that the committee chairs select. (b) The Performance Evaluation and Research Division of the Office of the Legislative Auditor shall review all occupational licenses within the subsequent eight years and shall repeat such review processes in each eight-year period thereafter. (c) The Performance Evaluation and Research Division of the Office of the Legislative Auditor shall use the criteria set forth in 30-1A-3(c) through 30-1A-3(i) of this code to analyze all existing occupational licenses. The office also may consider research or other credible evidence regarding whether an existing regulation directly helps consumers to avoid present, significant, and recognizable harm. (d)(1) Starting on July 1, 2022, the Performance Evaluation and Research Division of the Office of the Legislative Auditor shall report the findings of its reviews to the Joint Standing Committee on Government Organization. In its report, the Performance Evaluation and Research Division of the Office of the Legislative Auditor may make recommendations to the committee that the Legislature enact new legislation that:(A) Repeals the occupational licenses;(B) Converts the occupational licenses to less restrictive regulation as set forth in the definition of "least restrictive regulation" in 30-1A-1a of this code; (C) Changes the requisite personal qualifications of an occupational license;(D) Redefines the scope of practice in an occupational license; or(E) Reflects other recommendations to the Legislature.(2) The Performance Evaluation and Research Division of the Office of the Legislative Auditor also may recommend that no new legislation is enacted.(3) Nothing in this article shall be construed to authorize the office to review the means that a private certification organization uses to issue, deny, or revoke a private certification to any individual, or to require a private certification organization to grant or deny private certification to any individual.
WV Code § 30-1A-6 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1A. Procedure for Regulation of Occupations and Professions|§30-1A-6. Article Construction

(a) Nothing in this article shall be construed as limiting or interfering with the right of any member of the Legislature to introduce or of the Legislature to consider any bill that would create a new state governmental department or agency or amend the law with respect to an existing department or agency.(b) Notwithstanding the provisions of subsection (a) of this section, the recommendations of the Joint Standing Committee on Government Organization are to be given considerable weight in determining if a profession or occupation should be regulated, or if the scope of practice of a regulated profession or occupation should be established, revised, or expanded.(c) In construing any governmental regulation of occupations, including an occupational licensing statute, rule, policy, or practice, the following interpretations are to govern, unless the regulation is unambiguous:(1) Occupational regulations should be construed and applied to increase economic opportunities, promote competition, and encourage innovation;(2) Any ambiguities in occupational regulations should be construed in favor of workers and aspiring workers to work; and(3) The scope of practice in occupational regulations should be construed narrowly to avoid burdening individuals with regulatory requirements that only have an attenuated relationship to the goods and services they provide.
WV Code § 30-1B-1 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1B. Provisions Applicable to Military Members and Their Spouses|§30-1B-1. Legislative Findings and Declarations

The Legislature finds that:(1) In recognition of the enormous sacrifices made by members of the Armed Forces of the United States of America and their families in voluntary service to this state and our nation, the citizens of West Virginia must endeavor to find new and innovative ways to improve the lives of military families and support their personal and professional growth;(2) Many current and former members of the United States Armed Forces have acquired extensive academic, professional and occupational training and experience in various professions and occupations while serving in the Armed Forces, comparable to or exceeding that required in this state to register for examination or qualify for licensure, certification or registration for similar or related occupations and professions;(3) Military families are ten times more likely to move from one state to another than their civilian counterparts, and 35% of military spouses work in professions that require state licenses, certifications or registrations;(4) Armed forces members who return to this state after being called to active duty service, and spouses accompanying armed forces members outside of this state or to this state for active duty, are frequently delayed in beginning employment as professionals because of issues with obtaining licenses, certifications or registrations upon arrival or return to West Virginia;(5) The boards in this chapter have the particular expertise necessary to evaluate and determine the adequacy of military education, training and experience for licensure, certification or registration and to adopt procedures that ease the burden of transition for military families through waivers, temporary licensing, or otherwise, while ensuring competency of professionals and protecting the citizens of the state from harm.
WV Code § 30-1B-2 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1B. Provisions Applicable to Military Members and Their Spouses|§30-1B-2. Consideration of Military Education, Training and Experience for Licensure or Registration, Generally

(a) Except as provided in section eight of this article, and notwithstanding any law to the contrary, all boards referred to in this chapter shall, upon presentation of satisfactory evidence by an applicant for licensure, certification or registration, consider the individual's education, training or experience as a member of the Armed Forces or Reserves of the United States, the National Guard of any state, or the military reserves of any state, as part of the evaluation process toward the qualifications to receive, or take examination for, that respective professional license, certification or registration.
WV Code § 30-1B-3 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1B. Provisions Applicable to Military Members and Their Spouses|§30-1B-3. Licensure, Certification or Registration of Persons on Military Active Duty Outside This State; Extension of Licenses or Registration; Waiver of Certain License, Certification or Registration Requirements

(a) During periods when the licensee, certificate holder or registrant is on active duty as a member of the Armed Forces of the United States and deployed outside of this state, and for six months after discharge from active duty, his or her license, certification or registration shall continue in good standing and shall be renewed, upon receipt of a waiver request pursuant to subsection (b) of this section:(1) Without meeting continuing education requirements for the license, certification or registration when:(A) Circumstances associated with the military duty prevent the obtaining of continuing education, or(B) The licensee, certificate holder or registrant performs the profession or occupation as part of his or her military duties, as may be evidenced by annotation on Defense Department Form 214 (DD214), National Guard Bureau Form 22 (NGB22) or other official record; and(2) Without payment of fees for the renewal of the license, certification or registration.(b) The licensee, certificate holder or registrant shall submit a waiver request to the appropriate board, informing the board of circumstances which include, but are not limited to, being deployed outside of this state.
WV Code § 30-1B-4 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1B. Provisions Applicable to Military Members and Their Spouses|§30-1B-4. Licensure, Certification or Registration of Spouses of Persons on Military Active Duty Outside This State; Extension of Licenses or Registration; Waiver of Certain License, Certification or Registration Requirements

(a) During periods when the licensee, certificate holder or registrant is accompanying his or her spouse who is on active duty as a member of the Armed Forces of the United States and deployed outside of this state, and for six months after his or her spouse is discharged from active duty, his or her license, certification or registration shall continue in good standing and shall be renewed, upon receipt of a waiver request pursuant to subsection (b) of this section:(1) Without meeting continuing education requirements for the license, certification or registration when:(A) Circumstances associated with accompanying his or her spouse who is on active duty prevent the obtaining of continuing education, or(B) The licensee, certificate holder or registrant presents evidence that he or she performs or performed the profession or occupation while accompanying his or her spouse on active duty; and(2) Without payment of fees for the maintenance or renewal of the license, certification or registration.(b) The licensee, certificate holder or registrant shall submit a waiver request to the appropriate board informing the board of circumstances which include, but are not limited to, accompanying a spouse who is deployed outside of this state.
WV Code § 30-1B-5 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1B. Provisions Applicable to Military Members and Their Spouses|§30-1B-5. Temporary Licensure, Certification or Registration of Spouses of Persons on Military Active Duty; Waiver of Certain License, Certification or Registration Fees

(a) Notwithstanding any law to the contrary, the spouse of a person who is on active duty as a member of the Armed Forces of the United States shall be issued a temporary license, certification or registration by a board referred to in this chapter within thirty days of submitting the following to the board:(1) A completed application for temporary license, certification or registration, as developed by the board;(2) The required application fee;(3) Proof that the applicant is married to a member of the Armed Forces of the United States who is on active duty; and(4) Proof that the applicant holds a valid license, certification or registration for the profession issued by another state, the District of Columbia, or a possession or territory of the United States, and whose license, certification or registration is not and has not been the subject of disciplinary action in that jurisdiction.(b) Notwithstanding subsection (a), a board may require the applicant to submit to a criminal history records check, to be paid for by the applicant, and the board may deny a request for a temporary license, certification or registration if the criminal history records check provides reason to believe that the applicant does not meet the requirements of the board or presents a safety risk to the public.(c) A temporary license expires six months after the date of issuance and is not renewable.(d) An applicant under this section may submit an application for waiver of the temporary license application fee, and the board shall grant the waiver if the applicant has paid a fee for his or her previous license, certification, or registration in another state, the District of Columbia, or a possession or territory of the United States, within six months immediately prior to submitting an application for temporary license, certification or registration. The applicant shall provide proof of the date and amount of the previous payment.
WV Code § 30-1B-6 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1B. Provisions Applicable to Military Members and Their Spouses|§30-1B-6. Rule-Making Authority

The Boards referred to in this chapter may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article. Proposed rules may:(1) Establish criteria or requirements for military education, training and experience that qualify the applicant to take an examination for licensure, certification or registration or for a waiver of any examination requirement to be licensed, certified or registered; and(2) Implement the provisions of this article while ensuring competency, protecting the citizens of this state from harm, and addressing issues specific to each profession.
WV Code § 30-1B-7 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1B. Provisions Applicable to Military Members and Their Spouses|§30-1B-7. Data Collection

(a) The boards referred to in this chapter shall require an applicant to state on the application form that he or she is an active duty member of the armed forces of the United States or is a spouse of an active duty member of the armed forces of the United States.(b) The boards referred to in this chapter shall include the following information in their annual reports, as required in section seventeen, article one of this chapter:(1) The number of licenses, certificates and/or registrations issued pursuant to this article; (2) The amount of fees waived pursuant to this article;(3) The number of persons who had continuing education requirements waived pursuant to this article; and(4) The number of temporary licenses issued pursuant to this article.
WV Code § 30-1B-8 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1B. Provisions Applicable to Military Members and Their Spouses|§30-1B-8. Applicability

The provisions of this article do not apply to the boards referred to in this chapter whose license, certification, or registration requirements are subject to the provisions of article twenty-four of this chapter.
WV Code § 30-1B-9 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1B. Provisions Applicable to Military Members and Their Spouses|§30-1B-9. Liberality of Construction

This article shall be liberally construed and applied to promote the public interest.
WV Code § 30-1C-1 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1C. Interstate Medical Licensure Compact|§30-1C-1. Purpose

In order to strengthen access to health care, and in recognition of the advances in the delivery of health care, the member states of the Interstate Medical Licensure Compact have allied in common purpose to develop a comprehensive process that complements the existing licensing and regulatory authority of state medical boards, provides a streamlined process that allows physicians to become licensed in multiple states, thereby enhancing the portability of a medical license and ensuring the safety of patients. The Compact creates another pathway for licensure and does not otherwise change a state's existing medical practice statutes. The Compact also adopts the prevailing standard for licensure and affirms that the practice of medicine occurs where the patient is located at the time of the physician-patient encounter, and therefore, requires the physician to be under the jurisdiction of the state medical board where the patient is located.State medical boards that participate in the Compact retain the jurisdiction to impose an adverse action against a license to practice medicine in that state issued to a physician through the procedures in the Compact.
WV Code § 30-1C-3 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1C. Interstate Medical Licensure Compact|§30-1C-3. Eligibility

(a) A physician must meet the eligibility requirements as defined in section two, subsection (l) of this article to receive an expedited license under the terms and provisions of the Compact.(b) A physician who does not meet the requirements of section two of this article may obtain a license to practice medicine in a member state if the individual complies with all laws and requirements, other than the Compact, relating to the issuance of a license to practice medicine in that state.
WV Code § 30-1C-4 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1C. Interstate Medical Licensure Compact|§30-1C-4. Designation of State of Principal License

(a) A physician shall designate a member state as the state of principal license for purposes of registration for expedited licensure through the Compact if the physician possesses a full and unrestricted license to practice medicine in that state, and the state is:(1) The state of primary residence for the physician;(2) The state where at least twenty-five percent of the practice of medicine occurs; or(3) The location of the physician's employer; or(4) If no state qualifies under subdivision (1), (2), or (3) of this subsection, the state designated as state of residence for purpose of federal income tax.(b) A physician may redesignate a member state as state of principal license at any time, as long as the state meets the requirements in subsection (a) of this section.(c) The Interstate Commission is authorized to develop rules to facilitate redesignation of another member state as the state of principal license.
WV Code § 30-1C-5 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1C. Interstate Medical Licensure Compact|§30-1C-5. Application and Issuance of Expedited Licensure

(a) A physician seeking licensure through the Compact shall file an application for an expedited license with the member board of the state selected by the physician as the state of principal license.(b) Upon receipt of an application for an expedited license, the member board within the state selected as the state of principal license shall evaluate whether the physician is eligible for expedited licensure and issue a letter of qualification, verifying or denying the physician's eligibility, to the Interstate Commission.(1) Static qualifications, which include verification of medical education, graduate medical education, results of any medical or licensing examination, and other qualifications as determined by the Interstate Commission through rule, shall not be subject to additional primary source verification where already primary source verified by the state of principal license.(2) The member board within the state selected as the state of principal license shall, in the course of verifying eligibility, perform a criminal background check of an applicant, including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, with the exception of federal employees who have suitability determination in accordance with 5 C.F.R. §731.202.(3) Appeal on the determination of eligibility shall be made to the member state where the application was filed and shall be subject to the law of that state.(c) Upon verification in subsection (b) of this section, physicians eligible for an expedited license shall complete the registration process established by the Interstate Commission to receive a license in a member state selected pursuant to subsection (a) of this section, including the payment of any applicable fees.(d) After receiving verification of eligibility under subsection (b) of this section and any fees under subsection (c) of this section, a member board shall issue an expedited license to the physician. This license shall authorize the physician to practice medicine in the issuing state consistent with the Medical Practice Act and all applicable laws and regulations of the issuing member board and member state.(e) An expedited license shall be valid for a period consistent with the licensure period in the member state and in the same manner as required for other physicians holding a full and unrestricted license within the member state.(f) An expedited license obtained though the Compact shall be terminated if a physician fails to maintain a license in the state of principal licensure for a nondisciplinary reason, without redesignation of a new state of principal licensure.(g) The Interstate Commission is authorized to develop rules regarding the application process, including payment of any applicable fees, and the issuance of an expedited license.
WV Code § 30-1C-6 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1C. Interstate Medical Licensure Compact|§30-1C-6. Fees for Expedited Licensure

(a) A member state issuing an expedited license authorizing the practice of medicine in that state may impose a fee for a license issued or renewed through the Compact.(b) The Interstate Commission is authorized to develop rules regarding fees for expedited licenses.