H. B. 3151
(By Delegates Beane, Michael, Leach, Long,
Kominar, Perdue, Hatfield, Palumbo,
Fragale, Trump and H. White)
[Passed April 9, 2005; in effect July 1, 2005]
AN ACT to amend and reenact §30-7C-1, §30-7C-2, §30-7C-3, §30-7C-4,
§30-7C-5 and §30-7C-6 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto seven new
sections, designated §30-7C-7, §30-7C-8, §30-7C-9,
§30-7C-11, §30-7C-12 and §30-7C-13,
all relating to regulating
dialysis technicians by the Board of Examiners for Registered
Professional Nurses; authorizing performance and delegation of
dialysis care; defining terms and activities; establishing
qualifications and exceptions; providing for an application
process and payment of fees to the Board; authorizing the use
of titles; providing for approval of training programs and
testing standards; defining powers and duties of the Board;
providing for rule-making authority; establishing a dialysis
technician advisory council; establishing a disciplinary
procedure and grounds for discipline; prohibiting certain
acts; providing for penalties; and providing for judicial review and injunctive and other relief.
Be it enacted by the Legislature of West Virginia:
That §30-7C-1, §30-7C-2, §30-7C-3, §30-7C-4, §30-7C-5 and
§30-7C-6 of the Code of West Virginia, 1931, as amended, be amended
and reenacted; and that said code be amended by adding thereto
seven new sections, designated §30-7C-7, §30-7C-8, §30-7C-9,
§30-7C-10, §30-7C-11, §30-7C-12 and §30-7C-13, all to read as
ARTICLE 7C. DIALYSIS TECHNICIANS.
As used in this article:
(1) "Approved dialysis technician training program" means any
board approved program used to train dialysis technicians
including, but not limited to, a Board approved dialysis
facility-sponsored training program or another state approved
(2) "Board" means the West Virginia Board of Examiners for
Registered Professional Nurses.
(3) "Dialysis care" means performing and monitoring dialysis
procedures which includes initiating and discontinuing dialysis,
drawing blood, and administering medications authorized under
section seven of this article.
(4) "Dialysis technician trainee" means an individual enrolled
in an approved dialysis technician program.
(5) "Direct supervision" means initial and ongoing direction,
procedural guidance, observation and evaluation, and the on-site
presence of a registered nurse or physician.
(6) "Facility" means any entity that is certified by the
Office of Health Facilities Licensure and Certification to provide
(7) "West Virginia dialysis technician or dialysis technician"
means an individual certified by the Board who has successfully
completed an approved dialysis technician training program and who
has achieved national certification as a dialysis technician, or an
individual who meets the requirements set forth in subsection (b),
section three of this article.
Authority to delegate care; dialysis care by trainees in
(a) A registered professional nurse licensed under the
provisions of article seven of this chapter may delegate dialysis
care to a dialysis technician if:
(1) The dialysis technician has completed the requirements set
forth in this article and established by the Board by legislative
(2) The registered professional nurse considers the dialysis
technician to be competent; and
(3) The dialysis technician provides the care under the direct
supervision of the registered professional nurse.
(b) A registered professional nurse licensed under the
provisions of article seven of this chapter may not delegate
dialysis care to an individual who is listed on the nurse aide
abuse registry with a substantiated finding of abuse, neglect or
misappropriation of property.
(c) Nothing in this article may be construed to prohibit a
dialysis technician trainee from performing dialysis care as a part
of and within the scope of the clinical skills instruction segment
of an approved dialysis technician training program.
§30-7C-3. Qualifications; exceptions; application form and fees.
(a) In order to be certified by the Board as a dialysis
technician, an individual must demonstrate that he or she:
(1) Is of good moral character;
(2) Has acquired at least a high school diploma, general
equivalency diploma or equivalent;
(3) Has successfully completed an approved dialysis technician
(4) Has achieved national certification as a dialysis
(5) Has met such other qualifications required by the Board by
(b) On or before the first day of July, two thousand five, an
individual who is currently working as a dialysis technician in a
dialysis facility, and whose administrative registered professional nurse in charge acknowledges that he or she is competent to perform
the delegated duties and practices in accordance with the laws
regulating the provision of dialysis care, the rules of the Board
and any other applicable federal and state laws and rules, will be
considered as having met the requirements of subdivisions (3) and
(4), subsection (a) of this section for the purposes of being
certified by the Board as a dialysis technician.
(c) On or before the first day of July, two thousand six, an
individual who has successfully completed an approved dialysis
technician training program and who was working on or before the
first day of July, two thousand five, as a dialysis technician
trainee in a dialysis facility, and whose administrative registered
professional nurse in charge acknowledges that he or she is
competent to perform the delegated duties and practices in
accordance with the laws regulating the provision of dialysis care,
the rules of the Board and any other applicable federal and state
laws and rules, will be considered as having met the requirements
of subdivision (4), subsection (a) of this section for the purposes
of being certified by the Board as a dialysis technician.
(d) An applicant for certification must file with the Board an
application in the form and manner established by the Board
demonstrating that he or she has met the qualifications set forth
in subsection (a) of this section, and pay an application fee as
established by legislative rule.
(e) The Board may, upon receipt of a completed application and
fee in accordance with legislative rule, issue a temporary permit
to practice as a dialysis technician to any applicant who has
completed a board approved dialysis technician training program.
A temporary permit is not renewable, and is effective from the date
of issuance until three days following receipt by the applicant and
the Board of the results of the first written certification
examination, unless the Board revokes the temporary permit prior to
(f) The Board may, upon receipt of a completed application and
fee in accordance with legislative rule, issue a temporary
endorsement to practice as a dialysis technician to an applicant
who has been certified as a dialysis technician under the laws of
another state, territory or foreign country and who meets the
qualifications of the Board. A temporary endorsement is not
renewable and is effective for ninety days unless the Board revokes
the endorsement prior to its expiration.
§30-7C-4. Use of title "West Virginia dialysis technician" or
"dialysis technician"; dialysis technician
(a) An individual certified by the Board as a dialysis
technician pursuant to the provisions of this article shal1 be
known as a West Virginia dialysis technician or dialysis technician
and may use the initials "D.T." after his or her name. After the thirtieth day of June, two thousand five, no other individual may
use the title, abbreviation or any other words, letters, figures,
signs or devices to indicate that he or she is a dialysis
(b) An individual enrolled in an approved dialysis technician
training program shall use the title dialysis technician trainee.
A dialysis technician trainee shall adhere to the standards for
dialysis technicians and is subject to disciplinary action by the
Board as provided in the Board?s rules.
§30-7C-5. Authorized activities.
A dialysis technician is authorized to perform the following,
under the direct supervision of a registered professional nurse or
a licensed physician:
(1) Preparation and initiation of dialysis access sites;
(2) Initiating, delivering or discontinuing dialysis care; and
(3) Administration of the following medications only:
(A) Heparin to prime the pump, initiate treatment or for
administration throughout the treatment, in an amount prescribed by
a physician or other authorized practitioner. This may be done
intravenously, peripherally via a fistula needle or in another
clinically acceptable manner;
(B) Normal saline via the dialysis extra corporeal circuit as
needed throughout the dialysis procedure; and
(C) Intradermal anesthetic in an amount prescribed by a physician or other authorized practitioner;
(4) Obtaining a blood specimen via the dialysis extra
corporeal circuit or a peripheral access site;
(5) Reporting changes that arise in conjunction with dialysis
care to the registered nurse or physician; and
(6) Engaging in other acts as delegated by the registered
nurse or physician in order to provide dialysis care.
§30-7C-6. Approval of training programs and testing standards.
(a) The Board shall prescribe standards for approved dialysis
technician training programs, and prescribe testing standards and
requirements, by legislative rule.
(b) Persons and organizations providing training programs and
testing services must be approved by the Board.
(c) Approval may be denied or withdrawn for failure to meet
the standards set out in code or rule.
§30-7C-7. Powers and duties of Board; rule-making authority.
(a) The Board may:
(1) Adopt and amend rules consistent with this article
necessary to enable it to carry into effect the provisions of this
article, including disciplinary rules;
(2) Prescribe standards for preparing individuals for the role
of dialysis technician under this article;
(3) Provide for standards for approved dialysis technician
(4) Accredit educational programs for the preparation of
dialysis technicians that meet the requirements of this article;
(5) Provide surveys of educational programs when the Board
considers it necessary;
(6) Approve, reapprove and prescribe standards for testing
organizations and the tests offered by organizations for dialysis
(7) Deny or withdraw approval of testing organizations;
(8) Prescribe standards for dialysis technician trainees;
(9) Issue, renew or revoke temporary permits, endorsements and
certifications for dialysis technicians;
(10) Deny or withdraw accreditation of approved dialysis
technician training programs for failure to meet or maintain
prescribed standards required by this article and by the Board;
(11) Conduct hearings upon charges calling for discipline of
a dialysis technician;
(12) Keep a record of all proceedings of the Board; and
(13) Further regulate, as necessary, dialysis technicians:
That the Board is not authorized to establish staffing
(b) The Board shall propose rules for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of the code to:
(1) Prescribe standards for training programs;
(2) Prescribe testing standards and requirements;
(3) Prescribe requirements for persons and organizations
providing training programs and testing services;
(4) Assess fees for the certification of dialysis technicians,
approval of training programs, tests and providers of training
programs and testing services, and other services performed by the
(5) Provide for any other requirements necessary to carry out
the purposes of this article.
(c) The Board may promulgate emergency rules pursuant to the
provisions of section fifteen, article three, chapter twenty-nine-a
of this code for the purposes set forth in this section.
All fees and other moneys collected by the Board pursuant to
the provisions of this article shall be kept in a separate special
fund called the Dialysis Technician Fund to be established for the
Board in the State Treasury and shall be used for the
administration of this article. No part of this special fund
reverts to the General Fund of this state. The costs and all
expenses incurred under this article are to be paid from this
special fund. No compensation or expense incurred under this
article is a charge against the general fund of this state.
§30-7C-9. Dialysis technician advisory council.
(a) There is created, under the Board, the dialysis technician advisory council, which shall advise the Board regarding
qualifications, standards for training, competency determination of
dialysis technicians and all other matters related to dialysis
(b) The council shall be appointed by the Board and consists
(1) One member of the Board, who serves as chair of the
(2) Two dialysis technicians;
(3) Two nurses who regularly perform dialysis and care for
patients who receive dialysis; and
(4) One physician who regularly treats patients receiving
(c) The Board may solicit nominations for the council from
interested parties or organizations.
(d) The Board shall specify the terms for the council members.
Members serve at the discretion of the Board and shall receive
reimbursement for their actual and necessary expenses incurred in
the performance of their official duties.
§30-7C-10. Disciplinary proceeding; grounds for discipline of a
(a) The Board may, in accordance with rules promulgated under
the provisions of article three, chapter twenty-nine-a of this
code, refuse to approve a dialysis technician.
(b) The Board may deny, revoke or suspend its certification of
a dialysis technician in accordance with the provisions of this
article, or to otherwise impose discipline upon proof that he or
(1) Is or was guilty of fraud or deceit in procuring or
attempting to procure approval to be a dialysis technician;
(2) Has been convicted of a felony;
(3) Is unfit or incompetent by reason of negligence, habits or
(4) Is habitually intemperate or is addicted to the use of
alcohol or habit-forming drugs;
(5) Is mentally incompetent;
(6) Is guilty of conduct derogatory to the morals or standing
of the practice;
(7) Is practicing or attempting to practice as a dialysis
technician without Board approval; or
(8) Has willfully or repeatedly violated any of the provisions
of this article.
(c) After following procedures to be determined by the Board
in rules, the discipline may include any of the following:
(1) Summary suspension of the right to practice or reprimand
of the dialysis technician;
(2) Probation of the dialysis technician for a specified
period of time, with or without limitations and conditions;
(3) Suspension of the dialysis technician for a specified
period of time; or
(4) Permanent revocation of dialysis technician privileges.
(d) The Board may establish a committee that has the authority
to resolve disciplinary matters through a formal consent agreement
with a licensee, permitting the licensee to voluntarily agree to
disciplinary action in lieu of a formal evidentiary hearing.
§30-7C-11. Prohibited acts; penalties.
(a) No individual, firm, corporation, facility or association
of individuals may:
(1) Sell or fraudulently obtain or furnish any national
dialysis technician certification credential or documentation of
successful completion of a dialysis technician training program or
aid or abet therein;
(2) Act as a dialysis technician unless authorized by the
provisions of this article;
(3) Use in connection with his or her name any designation
tending to imply that he or she is a dialysis technician unless
authorized by the provisions of this article; or
(4) Otherwise violate any provision of this article.
(b) An individual violating a provision of subsection (a) of
this section is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not less than five hundred nor more than
one thousand dollars.
(c) It is unlawful for any individual to practice as a
dialysis technician who is listed on the nurse aide abuse registry
with a substantiated finding of abuse, neglect or misappropriation
§30-7C-12. Judicial review; appeal to Supreme Court of Appeals.
(a) Any individual, firm, corporation, facility or association
of individuals adversely affected by a decision of the Board
rendered after a hearing held in accordance with the provisions of
this article is entitled to a judicial review of the decision. All
of the pertinent provisions of section four, article five, chapter
twenty-nine-a of this code apply to and govern the judicial review
with like effect as if the provisions of section four of this
article were set forth in this section.
(b) The judgment of the circuit court is final unless
reversed, vacated or modified on appeal to the Supreme Court of
Appeals in accordance with the provisions of section one, article
six, chapter twenty-nine of this code.
§30-7C-13. Injunction or other relief against unlawful acts.
(a) The practice of dialysis technician by an individual who
has not met the requirements of this article is declared to be
inimical to the public health and welfare and to be a public
(b) Whenever, in the judgment of the Board, an individual has engaged in, is engaging in, or is about to engage in, the practice
of dialysis technician without holding a valid certification under
this article, or has engaged, is engaging or is about to engage in
any act which constitutes, or will constitute, a violation of this
article, the Board may make application to the appropriate court
having equity jurisdiction for an order enjoining the practices or
acts, and upon a showing that the individual has engaged, is
engaging or is about to engage, in any such practices or acts, an
injunction, restraining order, or other order as the court
considers appropriate shall be entered by the court.
(c) The remedy provided in this section is in addition to, and
not in lieu of, all other penalties and remedies provided in this