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HB 4302

Relating to authorizing the Board of Optometry to promulgate a legislative rule relating to licensure by reciprocity.

2026 Regular Session Introduced by Doug Smith

The bill authorizes the West Virginia Board of Optometry to create a rule governing licensure by reciprocity for out-of-state optometrists.

To House Judiciary
#legislature--rulemaking
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Bill Summary · HB 4302

Summary of HB 4302 (Session 2026) — West Virginia

Purpose and Intent

  • HB 4302 authorizes the Board of Optometry to promulgate a legislative rule related to licensure by reciprocity.
  • In practical terms, the bill directs or enables the optometry board to establish the process by which optometrists licensed in other jurisdictions can obtain a license to practice in West Virginia through reciprocity, subject to rulemaking.

Key Provisions and Changes

  • Authorization for Rulemaking: The core provision empowers the West Virginia Board of Optometry to promulgate a legislative rule governing licensure by reciprocity. This means the board would set the specific requirements, procedures, and standards for accepting out-of-state licenses.
  • Scope of Reciprocity: While the bill text provided does not list all criteria, the anticipated rulemaking would typically address:
    • Eligibility criteria for applicants with licenses from other states (e.g., active license, no disciplinary actions, comparable standards).
    • Documentation and verification requirements (education, examinations, licensure status, practice history).
    • Requirements tied to West Virginia’s own licensure standards (e.g., jurisprudence, continued education, state-specific examinations or validations).
    • Processes for provisional licensure, duration, and conditions if applicable.
    • Grounds for denial, revocation, or discipline in the reciprocal licensure context.
  • Rulemaking Process: The bill would govern how the board develops, publishes, and implements the rule, including public notice, opportunity for comment, and timelines typical of legislative-rulemaking in West Virginia.

Affected Parties

  • Primary Stakeholders:
    • Licensed optometrists seeking licensure in West Virginia via reciprocity (out-of-state licensees).
    • The West Virginia Board of Optometry (administrative body responsible for licensure and regulation).
    • Healthcare employers and patients, who may experience changes in how quickly out-of-state optometrists can practice in West Virginia.
  • Secondary Impact:
    • Applicants from other states whose licenses may be evaluated under the reciprocity framework.
    • Entities involved in credential verification and professional licensing administration.

Procedural and Timeline Aspects

  • Introduction and Referral:
    • Filed for introduction on January 14, 2026.
    • Referred to Health and Human Resources, then to Judiciary (as part of the standard committee process for health-related regulatory measures).
  • Committee Actions:
    • On January 14, 2026, the bill moved through Health and Human Resources before Judiciary.
    • On January 22, 2026, the bill was reported out with a “Do pass, but first to Judiciary” action, indicating a recommendation to proceed to the full House after review by the Judiciary Committee.
  • Next Steps:
    • If advanced, the bill would proceed to consideration by the full House of Delegates and, if passed, would move to the Senate for a companion process (committee review, potential hearings, and floor votes).
    • Any enacted rule would be subject to the state rulemaking and effective date processes, including publication and potential sunset or amendment provisions as required by state law.

Practical Implications

  • The bill centralizes and formalizes the process by which out-of-state optometrists can obtain licensure in West Virginia via reciprocity.
  • It aims to balance facilitating mobility for qualified practitioners with maintaining public protection standards through West Virginia’s licensure criteria and disciplinary safeguards.
  • Timelines for licensure by reciprocity may become clearer and potentially standardized through the forthcoming legislative rule.

If you’d like, I can tailor this summary to emphasize specific stakeholder impacts (e.g., practice owners, new applicants, or credentialing agencies) or compare it to existing reciprocity rules for other professions in West Virginia.

Compiled from official sources — confirm details with the bill’s official record.

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