HB 5015: Relating to the Respiratory Care Interstate Compact - West Virginia

hb5015 s hhr am _ 3-10 adopted.htm → Enrolled Committee Substitute · 6 edits · Apr 1, 2026

MODERATE

The bill was converted from a draft amendment to a final enrolled version, adding the complete text of the Respiratory Care Interstate Compact. This establishes a new legal framework allowing respiratory therapists to practice across state lines while maintaining state oversight, including new requirements for criminal background checks and a centralized data system.

Scope change

The bill's scope expanded from a single amendment regarding criminal checks to a comprehensive interstate compact creating a new Article 34A in the West Virginia Code, establishing a multi-state commission and data sharing system.

SCOPE

Added the full text of the Respiratory Care Interstate Compact, creating a new legal framework for multi-state practice.

REQUIREMENT

Mandated criminal history record checks and fingerprinting for all new respiratory therapy licensees.

DEFINITION

Defined key terms including 'compact privilege,' 'home state,' 'remote state,' and 'significant investigative information'.

ENFORCEMENT

Established a Respiratory Care Interstate Compact Commission with powers to enforce rules, share data, and manage disputes between states.

ELIGIBILITY

Created exemptions for active military members and their spouses from certain fees and home state designation requirements.

TIMELINE

Set the effective date as 90 days after passage (June 12, 2026) and established a 7-state threshold for the compact to become active.

Engrossed Committee Substitute → hb5015 s hhr am _ 3-10 adopted.htm · 1 edit

MINOR

The legislative text changed from the full bill introducing a new Respiratory Care Interstate Compact to a single amendment note. This amendment removes the specific text establishing criminal history record checks for new licensees, effectively deleting the requirement for fingerprinting and background checks that was part of the original bill.

Scope change

The bill's scope was reduced from a comprehensive new law establishing an interstate compact and background check requirements to a single amendment removing the background check provision.

REQUIREMENT

The requirement for the Board of Respiratory Care Practitioners to mandate state and national criminal history record checks (including fingerprinting) for new licensees and applicants for interstate practice was completely removed.

Committee Substitute → Engrossed Committee Substitute · 3 edits · Mar 14, 2026

MINOR

The bill was updated from a 'Committee Substitute' to an 'Engrossed Version,' which is the final text sent to the Governor for signature. The substantive policy content remains largely the same, with only minor technical adjustments to punctuation and capitalization. The bill establishes a new Respiratory Care Interstate Compact to allow licensed respiratory therapists to practice across state lines.

Scope change

The scope of the bill remains focused on creating a legal framework for interstate practice of respiratory therapy; no changes were made to the eligibility criteria, funding mechanisms, or operational rules.

TECHNICAL

Minor formatting updates were made to the header links and the title page to reflect the bill's final status as an Engrossed Version.

Capitalization was corrected in the severability clause, changing 'united states' to 'United States'.

Punctuation was adjusted in the rulemaking notice section to add a semicolon and 'and' for grammatical consistency.

Introduced Version → Committee Substitute · 5 edits

MODERATE

The bill was amended to change the sponsor's name and origin details, most significantly by adding a new section requiring criminal history record checks for new licensees and applicants seeking interstate practice privileges. This addition mandates fingerprinting and background checks for all new applicants and ensures these records remain confidential, not public records.

Scope change

The bill's scope expanded to include explicit requirements for criminal background checks for both new licensees and applicants seeking interstate practice privileges under the Respiratory Care Interstate Compact.

REQUIREMENT

Added a new section requiring the Board of Respiratory Care Practitioners to mandate state and national criminal history record checks for new licensees and applicants seeking interstate practice privileges.

Added specific requirements for applicants to submit fingerprints and authorize the use of their records by the Board, State Police, and FBI.

ENFORCEMENT

Added provisions restricting the release of criminal history check results to only the subject, with their written authorization, or via court order.

DEFINITION

Added a provision clarifying that criminal history record check results and related records are not public records.

TECHNICAL

Updated the bill title to reflect the new section and corrected the sponsor's name from 'Jefferies' to 'Jeffries'.

Relating to the Respiratory Care Interstate Compact

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