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Introduced Version Senate Bill 275 History

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Senate Bill No. 275

(By Senators Foster and Beach)

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[Introduced January 26, 2011; referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.]

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A BILL to amend and reenact §30-7-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-7A-9 of said code, all relating to exempting care of the sick from nursing licensing provisions when the nonmedical care is provided in connection with the practice of the religious tenets of any church or religious organization by or for its members.

Be it enacted by the Legislature of West Virginia:

    That §30-7-12 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §30-7A-9 of said code be amended and reenacted, all to read as follows:

ARTICLE 7. REGISTERED PROFESSIONAL NURSES.

§30-7-12. Exceptions.

    This article shall not be construed to prohibit:

    (a) The furnishing of nursing assistance in an emergency; or

    (b) The practice of nursing incidental to a program of study by students enrolled in a nursing education program accredited by the board; or

    (c) The practice of any legally qualified nurse of another state who is employed by the United States or any bureau, division or agency thereof, while in the discharge of his or her official duties; or

    (d) The care of the sick when done in connection with the practice of religious tenets of any church or religious organization and by or for its adherents. However, that care must be at the request of the recipient and be delivered in the requestor’s home or in a religious nonmedical health care institution as defined in 42 U.S.C. §1395x(ss)(1), and that care may only include religious nonmedical health care services.

ARTICLE 7A. PRACTICAL NURSES.

§30-7A-9. Construction of article; acts not prohibited.

    The provisions of this article shall not be construed as prohibiting:

    (1) The care of a sick, disabled, injured, crippled or infirm person by a member or members of such person's family, or by close relatives, or by domestic servants, housekeepers or household aides thereof, whether employed regularly or because of emergency circumstances due to illness or other disabilities.

    (2) The work and services of auxiliary hospital personnel, such as nursing aides, maids, orderlies, technicians, volunteer workers and other like hospital employees.

    (3) Practical nursing by students enrolled in accredited schools for practical nursing incidental to their course of study.

    (4) Practice of nursing in this state by any legally qualified practical nurse of another state or country for a period not to exceed six months or whose engagement requires such practical nurse to accompany and care for a patient temporarily residing in this state during the period of such engagement.

    (5) Nursing services rendered by a graduate of an approved school of practical nursing working under qualified supervision during the period between completion of his or her course of nursing education and notification of the results of the first licensing examination following graduation. In cases of hardship and upon petition to the board, the board may grant an extension of such period to such graduate.

    (6) The care of the sick when done in connection with the practice of religious tenets of any church or religious organization and by or for its adherents. However, that care must be at the request of the recipient and be delivered in the requestor’s home or in a religious nonmedical health care institution as defined in 42 U.S.C. §1395x(ss)(1), and that care may only include religious nonmedical health care services.



    NOTE: The purpose of this bill is to exempt from the nursing licensing provisions the nonmedical care of the sick when done in connection with the practice of religious tenets of any church or religious organization and by or for its members.


    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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