Relating to authorizing the Board of Osteopathic Medicine to promulgate a legislative rule relating to osteopathic physician assistants.

2026 Regular Session Introduced by Doug Smith

The bill grants statutory backing to the Board of Osteopathic Medicine’s regulatory rule for osteopathic physician assistants, making 24 CSR 02 an authorized, codified rule.

To House Judiciary

#legislature--rulemaking

Bill Summary: HB 4305 (2026) – West Virginia

Purpose and core intent

Authorizes the Board of Osteopathic Medicine to promulgate a legislative rule related to osteopathic physician assistants (OPAs).

The bill references a specific legislative rule already filed in the State Register (24 CSR 02) concerning OPAs, originally filed July 28, 2025, and refiled December 9, 2025 after adjustments per the Legislative Rule-Making Review Committee.

In short, the bill formalizes and authorizes the administrative rulemaking process for OPAs that the Board has already undertaken, ensuring the rule can become part of the state’s codified regulations.

Key provisions and changes

Amends and reenacts §64-9-1 of the West Virginia Code to authorize the Board of Osteopathic Medicine to promulgate a legislative rule regarding osteopathic physician assistants.

The rule in question is identified as 24 CSR 02 and is tied to authority granted under §30-14-14 of the code.

The new language confirms that the rule filed in the State Register (initially July 28, 2025; revised December 9, 2025) is authorized and can proceed as a legislative rule.

The bill itself does not appear to add statutory duties beyond recognizing and approving ongoing rulemaking; it does not implement new requirements for OPAs within the statute itself, but rather enables the regulatory framework already developed.

Who is affected

Osteopathic physicians and osteopathic physician assistants (OPAs) in West Virginia.

The Board of Osteopathic Medicine, which governs licensing, scope of practice, supervision, education, and regulation of OPAs.

Potential applicants, licensees, and employers (health care facilities, clinics, and hospitals) subject to OPA regulation under the Board’s rule.

Procedural and timeline aspects

The legislative rule (24 CSR 02) was filed in the State Register on July 28, 2025, with modifications made to address Legislative Rule-Making Review Committee objections and refiled on December 9, 2025.

The bill’s action history shows:

Introduced January 14, 2026; referral to Government Organization, then Judiciary.
Passed by House Judiciary committee on January 30, 2026, with an indication “Do pass, but first to Judiciary.”

The bill’s effect is to authorize the Board to continue and finalize the promulgation of the legislative rule, effectively giving statutory authorization to the rulemaking already pursued by the Board.

Practical impact

Provides statutory backing for the regulatory framework governing OPAs.

Helps ensure consistency and legality of the Board’s rules governing OPAs, including scope of practice, supervision, training, certification, and other regulatory requirements as defined in 24 CSR 02.

Reduces uncertainty for licensees and health care providers by aligning administrative rulemaking with statutory authority.

If you’d like, I can include a plain-language overview of what specific provisions in 24 CSR 02 cover (e.g., scope of practice, supervision, education requirements) once the text of the rule is available.