Under the excellent direction of State Governmental Affairs Committee Chairperson Ken Devlin, and in consultation with the WVPA Executive Committee, here is a recap of the 2008 legislative session. (SB: Senate Bill; HB: House Bill)

Bills of interest to the WVPA that did pass during the 2008 legislative session:
SB 185 Authorizing disclosure of certain mental health records to the National Instant Criminal Background Check System. (Tomblin, Caruth at Governor’s request) The purpose of this bill is to clarify the persons prohibited from possession of firearms due to substance abuse or mental illness; establish a process in reporting the names of persons proscribed from possession of firearms due to mental illness to the central state mental health registry; authorize reporting by the registry to the National Instant Criminal Background Check System; surrender of firearms owned or possessed; and to provide for possible reinstatement of lawfully owned or possessed firearms. Supported by the WV Psychological Association. PASSED AND SIGNED INTO LAW BY GOVERNOR.
HB 4129 Creates special health care professional volunteer license.  (Thompson, Armstead at Governor’s request)  Currently, there is a special volunteer license for retired Physicians volunteering without payment in nonprofit health clinics with immunity from civil liability.  This bill adds:  Psychologists, Physician Assistants, Registered Nurses, Pharmacists, Dentists, Dental Hygienists, Optometrists, Physical Therapists and Occupational Therapists. A clarification of the application of "tail insurance" is included as suggested by the WV Physicians’ Mutual Insurance Company. This bill is supported by all major health care organizations. PASSED AND SIGNED INTO LAW BY GOVERNOR.
HB 4515 Allows health providers’ discretionary reporting of patient driving competence. (Webster+) The purpose of this bill is to promote highway safety by providing a mechanism by which health care providers may report when a patient they have treated has a condition that renders them incompetent to operate a motor vehicle. Compliance with or failure to comply is not be admissible as evidence of negligence in any civil or criminal action. PASSED AND SIGNED INTO LAW BY GOVERNOR.

Bills of interest to WVPA that did not pass during the 2008 legislative session:
SB 134 (Prezioso+): Provides penalties for health provider failure to report to Alzheimer’s Disease Registry. DID NOT PASS.
SB 462 (Bailey): Raising childrens’ mental health refusal age of consent from age 12 to 18. DID NOT PASS.
HB 2561 (Campbell): Eliminates severance tax & health provider tax on behavior health providers. DID NOT PASS.
HB 2976 (Marshall): Reinstating the sales tax exemption for comprehensive mental health centers. DID NOT PASS.
HB 4091 (Rodighiero+): All health insurers – except Medicaid - to provide autism coverage. Includes treatment for Asperger Syndrome, Retts Syndrome, or Pervasive Development Disorder. DID NOT PASS.
HB 4146 (Swartzmiller+): Regulating the practice of marriage and family therapy. Not supported by PERD, WV Psychological Association and other professional counseling and social work organizations. DID NOT PASS.
HB 4396 (Staggers+): Relating to retention and destruction of health care records. Stipulates 10 years retention following last date of treatment/contract for adults, including diagnostic media and methods for destruction. DID NOT PASS.
HB 4576 (Walters+): Creates Traumatic Brain Injury Services Commission. DID NOT PASS.