Senate Bill No. 429
(By Senator Stollings)
[Introduced March 4, 2013; referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.]
A BILL to amend and reenact §16-5O-2 of the Code of West Virginia, 1931, as amended, relating to removing an adult family care home from the definition of a “facility” for the purposes of the Medication Administration by Unlicensed Personnel Act.
Be it enacted by the Legislature of West Virginia:
That §16-5O-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 5O. MEDICATION ADMINISTRATION BY UNLICENSED PERSONNEL.
As used in this article, unless a different meaning appears from the context, the following definitions apply:
(a) "Administration of medication" means:
(1) Assisting a person in the ingestion, application or inhalation of medications, including prescription drugs, or in the use of universal precautions or rectal or vaginal insertion of medication, according to the legibly written or printed directions of the attending physician or authorized practitioner, or as written on the prescription label; and
(2) Making a written record of such assistance with regard to each medication administered, including the time, route and amount taken. However, for purposes of this article, "administration" does not include judgment, evaluation, assessments, injections of medication, monitoring of medication or self administration of medications, including prescription drugs and self-injection of medication by the resident.
(b) "Authorizing agency" means the department's Office of Health Facility Licensure and Certification.
(c) "Department" means the Department of Health and Human Resources.
(d) "Facility" means an ICF/ID, assisted living, behavioral health group home, private residence in which health care services are provided under the supervision of a registered nurse. or an adult family care home that is licensed by or approved by the department.
(e) "Facility staff member" means an individual employed by a facility but does not include a health care professional acting within the scope of a professional license or certificate.
(f) "Health care professional" means a medical doctor or doctor of osteopathy, a podiatrist, registered nurse, practical nurse, registered nurse practitioner, physician's assistant, dentist, optometrist or respiratory care professional licensed under chapter thirty of this code.
(g) "ICF/ID" means an intermediate care facility for individuals with an intellectual disability which is certified by the department.
(h) ”Location of medication administration” means a facility or location where the resident requires administration of medication or assistance in taking medications.
(i) "Medication" means a drug, as defined in section one hundred one, article one, chapter sixty-a of this code, which has been prescribed by a duly authorized health care professional to be ingested through the mouth, applied to the outer skin, eye or ear, or applied through nose drops, vaginal or rectal suppositories.
(j) "Registered professional nurse" means a person who holds a valid license pursuant to article seven, chapter thirty of this code.
(k) "Resident" means a resident of a facility.
(l) "Secretary" means the Secretary of the Department of Health and Human Resources or his or her designee.
(m) "Self administration of medication" means the act of a resident, who is independently capable of reading and understanding the labels of drugs ordered by a physician, in opening and accessing prepackaged drug containers, accurately identifying and taking the correct dosage of the drugs as ordered by the physician, at the correct time and under the correct circumstances.
(n) “Self administration of medication with assistance” means assisting residents who are otherwise able to self administer their own medications except their physical disabilities prevent them from completing one or more steps in the process.
(o) “Supervision of self administration of medication” means a personal service which includes reminding residents to take medications, opening medication containers for residents, reading the medication label to residents, observing residents while they take medication, checking the self administered dosage against the label on the container and reassuring residents that they have obtained and are taking the dosage as prescribed.
(NOTE: The purpose of this bill is to remove adult family care homes from the definition of a facility, and therefore coverage, under the Medication Administration by Unlicensed Personnel Act.
Strike-throughs indicate language that would be stricken from the present law and underscoring indicates new language that would be added.)