COMMITTEE SUBSTITUTE
FOR
H. B. 2289
(By Delegates Hatfield and Hubbard)
(Originating in the Committee on
Health and Human Resources)
[February 27, 2002]
A BILL to amend article five-b, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section six-b,
relating to requiring nurse representation on boards of
directors or local governing bodies of hospitals and
corporations that operate hospitals.
Be it enacted by the Legislature of West Virginia:
That article five-b, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section six-b,
to read as follows:
ARTICLE 5B. HOSPITALS AND SIMILAR INSTITUTIONS.
§16-5B-6b. Nurse representation on hospital boards of directors.
(a)(1) The Legislature finds that nurses:
(A) Have a broad knowledge base about the holistic approach to
patient care;
(B) Are the only group which has contact with patients in
hospitals twenty-four hours a day, seven days a week;
(C) See the effect that budget decisions and policy decisions
have on the quality of care to patients; and
(D) Are well prepared intellectually and educationally to make
policy decisions.
(2) Therefore, the Legislature declares that in order to
assist in ensuring that quality care is provided to patients in
hospitals there should be at least one licensed registered
professional nurse on the board of directors or local governing
body of each hospital in this state. The Legislature further
declares that hospitals receive such major revenue from public
sources and are so crucial in health planning and development that
it is necessary to require nurse representatives on the board of
directors or local governing body of each hospital.
(b) The board of directors or local governing body of every
hospital, whether not-for-profit or for-profit, and the board of
directors or local governing body of every corporation that
operates a hospital, shall have at least one member who is a licensed registered professional nurse, with full voting
privileges. Notwithstanding any provision in article one, chapter
thirty-one of this code to the contrary, or the hospital's or
corporation's articles of incorporation, bylaws or other similar
document, the nurse member shall be selected consistent with this
subsection. To be eligible, a nurse:
(1) Must be a licensed registered professional nurse, under
the provisions of article seven, chapter thirty of this code;
(2) May not be an employee of a hospital that the specific
board of directors or local governing body of the hospital has
under its direct or indirect supervision; and
(3) Must be a licensed registered professional nurse who
regularly provides clinical services directly to patients.
(c) The provisions of this section may be enforced by the
commissioner of the bureau for public health, or by any citizen of
the county where the offending hospital is located, by the filing
of a civil action in the circuit court of the county.
(d) This section becomes effective on the first day of July,
two thousand three.
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