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HB 2325

Relating to authorizing the Board of Respiratory Care to promulgate a legislative rule relating to consideration of prior criminal convictions in initial licensure determinations

2025 Regular Session Introduced by Doug Smith

House Bill 2325 allows West Virginia's Board of Respiratory Care to set rules for evaluating prior criminal convictions in initial licensure, impacting applicants' eligibility.

To House Government Organization
#legislature--rulemaking
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Bill Summary · HB 2325

Summary of House Bill 2325

Bill Information

  • Bill Number: HB 2325
  • Title: Relating to authorizing the Board of Respiratory Care to promulgate a legislative rule relating to consideration of prior criminal convictions in initial licensure determinations
  • Status: To House Government Organization
  • Introduced: February 12, 2025
  • Classification: Bill
  • Subject: Legislature--Rule Making

Purpose and Intent

House Bill 2325 aims to authorize the Board of Respiratory Care in West Virginia to establish a legislative rule that governs how prior criminal convictions are considered during the initial licensure process for respiratory care professionals. This bill seeks to clarify and formalize the criteria used in evaluating applicants with criminal histories, potentially impacting their ability to obtain licensure.

Key Provisions

  • Authorization of Rule-Making: The bill specifically allows the Board of Respiratory Care to promulgate a rule regarding the assessment of prior criminal convictions when determining eligibility for initial licensure.
  • Reference to Existing Code: The bill amends and reenacts §64-9-1 of the Code of West Virginia, which pertains to the authority of various boards and agencies to create legislative rules.
  • Legislative Rule Details: The rule in question was initially filed on February 27, 2024, and subsequently modified to address concerns raised by the Legislative Rule-Making Review Committee. It was refiled on September 9, 2024.

Impact

  • Affected Parties: The primary stakeholders include individuals seeking licensure in respiratory care who may have prior criminal convictions. The rule could influence their chances of obtaining a license based on the nature and recency of their convictions.
  • Board of Respiratory Care: The bill empowers the Board to create a standardized approach to evaluating criminal histories, which may lead to more consistent and fair licensure decisions.

Procedural Aspects

  • Legislative Timeline:
    • February 12, 2025: The bill was filed for introduction and referred to the House Government Organization Committee.
    • February 12, 2025: The bill was introduced in the House.

Conclusion

House Bill 2325 represents a significant step towards establishing clear guidelines for the consideration of criminal convictions in the licensure process for respiratory care professionals in West Virginia. By granting the Board of Respiratory Care the authority to create this rule, the bill aims to enhance the fairness and transparency of the licensure process, potentially impacting many applicants in the field.

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

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