Relating to authorizing the Board of Osteopathic Medicine to promulgate a legislative rule relating to emergency temporary permits to practice during States of Emergency or States of Preparedness.

2026 Regular Session Introduced by Doug Smith

Authorizes the Board of Osteopathic Medicine to regulate emergency temporary permits during declared emergencies via the existing rule 24 CSR 09.

To House Judiciary

#legislature--rulemaking

Summary of HB 4306 (West Virginia, 2026 Regular Session)

Purpose and intent

This bill amends and reenacts a provision related to the Board of Osteopathic Medicine.

Its core aim is to authorize the Board to promulgate a legislative rule governing emergency temporary permits to practice during States of Emergency or States of Preparedness.

Key provisions

The bill confirms that the Board of Osteopathic Medicine has the authority to adopt a legislative rule addressing emergency temporary permits to practice medicine during declared States of Emergency or States of Preparedness.

The rule referenced is 24 CSR 09, which was filed in the State Register on March 27, 2025, under the authority of §30-14-14 of the West Virginia Code.

The new language clarifies statutory authorization to establish or regulate emergency temporary permits via a legislative rule, ensuring the Board can govern who may practice, under what circumstances, and any conditions or limitations during emergencies.

Affected parties and scope

Primary: Board of Osteopathic Medicine.

Other affected parties include osteopathic physicians seeking to practice under emergency permissions and possibly health facilities or institutions relying on temporary permit holders during emergencies.

The bill does not create new statutory exemptions or duties outside the scope of establishing or formalizing the emergency temporary permit rule already embodied in 24 CSR 09.

Procedural and timeline aspects

The rule in question (24 CSR 09) was filed in the State Register on March 27, 2025.

The bill’s enactment would authorize the Board to continue promulgating or implementing that rule as its legislative rule on emergency temporary permits.

The action history shows the bill passed a “do pass” recommendation in committee and moved to the House Judiciary for consideration (as of January 30, 2026).

Practical impact

If enacted, the Board of Osteopathic Medicine would have explicit statutory authorization to regulate emergency temporary permits during emergencies, potentially clarifying eligibility criteria, scope of practice, supervision requirements, duration of permits, renewal processes, and any conditions or limitations during declared emergencies.

This can lead to more rapid and standardized deployment of licensed osteopathic physicians in emergency situations while maintaining professional standards and public safety.

Notable details

Sponsor: Delegate D. Smith (co-sponsor noted).

The legislation references the existing rule 24 CSR 09 and its March 27, 2025 filing, tying the new enactment to that rule.

The bill is focused narrowly on authorizing the regulatory rulemaking by the Board and does not introduce broader changes to licensure or emergency powers beyond the stated rulemaking authority.