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HB 5458

Relating to professionals to be licensed by the West Virginia Board of Medicine

2026 Regular Session Introduced by Joe Ellington and 1 co-sponsor

HB 5458 creates a unified West Virginia Board of Medicine, adds a Genetic Counselors Practice Act with licensure and supervision, tighter background checks, and new licensure pathw

Chapter 263, Acts, Regular Session, 2026
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Bill Summary · HB 5458

Summary of HB 5458 (2026) — West Virginia

Purpose and intent

  • The bill reorganizes and expands licensure under the West Virginia Board of Medicine. It repeals several existing provisions and creates a new framework for licensing multiple professions (including genetic counseling) while modernizing processes, addressing background checks, and establishing a Genetic Counselors Practice Act.

Key provisions and changes

  • Establishes the West Virginia Board of Medicine as the sole licensing authority for allopathic medicine and surgery, podiatry, and physician assistants (in collaboration with physicians) and governs related credentials.

  • Creates a new article specifically for Genetic Counselors Practice Act (article 30-3H), introducing licensure and disciplined regulation of genetic counselors.

    • Licensure requirements (new article):
    • Minimum age 21; master’s degree in genetic counseling from an accredited program.
    • Current certification by ABGC or ABMG, or medical geneticist certification by ABMG.
    • No disqualifying criminal history; mental/physical ability to practice; ongoing certification in good standing.
    • Active Candidate Status (ACS) framework:
    • ABGC status can lead to an ACS permit to practice under supervision.
    • ACS permits valid up to one year with conditions and supervision requirements; must pursue ABGC certification within 12 months.
    • Supervision and supervision agreements; qualified supervisors (licensed genetic counselors or physicians) oversee ACS permittees.
    • Scope of practice for genetic counselors defined (history assessment, risk communication, coordination of tests, telehealth allowed, and explicit prohibition on diagnosing/treating diseases).
    • Disciplinary processes mirror existing board processes; penalties include fines up to $10,000, license suspension/revocation, and reporting to national databases.
    • Health care facilities must report disciplinary actions affecting genetic counselors within 60 days.
    • Prohibition on any person representing themselves as a licensed physician if not licensed; criminal penalties for misrepresentation (felony; 1-2 years and/or fines up to $2,000).

  • Background checks:

    • Reaffirms Lynette’s Law requiring state and national criminal history checks for new license applicants across multiple boards, including the Board of Medicine.
    • Fingerprinting and FBI/State Police processing; costs borne by applicants.
    • Options for attorneys to use a sworn state bar standing letter in lieu of fingerprint checks.

  • Licensure criteria and types (existing medicine and podiatry licensure provisions retained and amended):

    • Detailed criteria for licensure to practice allopathic medicine and surgery, podiatry, and administrative medicine licenses.
    • New special license types (e.g., medical school faculty license and summer camp license) with limited scopes and durations.
    • Provisions for restricted licenses in extraordinary circumstances (with board voting requirements).

  • Administrative mechanics:

    • Board may call emergency meetings; delegation of duties to staff possible.
    • Electronic signatures permitted for licenses and practice credentials.
    • Requirement for annual board reporting to the Legislature with disciplinary and complaint data.

Who is affected

  • Physicians (allopathic), podiatrists, and physician assistants practicing in West Virginia.
  • Genetic counselors and ACS permittees practicing under supervision.
  • Health care facilities and employers who employ licensed genetics professionals.
  • Applicants for licensure affected by enhanced background checks and new licensure pathways.

Timeline and procedural notes

  • Effective July 1, 2026, genetic counseling licensure becomes mandatory.
  • The bill outlines rules and legislative-rulemaking steps to implement the Genetic Counselors Practice Act and related sections.
  • Several repeals of prior license endorsement, temporary licensure, and administrative medicine provisions are enacted to streamline licensure structure.

Overall, HB 5458 creates a unified Board of Medicine framework, adds a dedicated Genetic Counselors Practice Act, tightens background checks, and expands licensure pathways and oversight for several medical professions in West Virginia.

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

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