H. B. 4373
(By Delegates Susman, Compton, Fleischauer,
Hatfield, Hubbard, Houston and Yeager)
[Introduced February 2, 2000; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact section twenty-two, article five,
chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to requiring
county boards of education to employ one school nurse for
every one thousand five hundred pupils based upon net
enrollment in all grades.
Be it enacted by the Legislature of West Virginia:
That section twenty-two, article five, chapter eighteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-22. Medical and dental inspection; school nurses;
specialized health procedures; establishment of council of school nurses.
County boards shall provide proper medical and dental
inspections for all pupils attending the schools of their county
and shall further have the authority to take any other action
necessary to protect the pupils from infectious diseases, including
the authority to require from all school personnel employed in
their county, certificates of good health and of physical fitness.
Each county board shall employ full time at least one school
nurse for every one thousand five hundred kindergarten through
seventh grade pupils in net enrollment or major fraction thereof in
all grades beginning with the school year two thousand-two thousand
one: Provided, That each county shall employ full time at least
one school nurse: Provided, however, That a county board may
contract with a public health department for services considered
equivalent to those required by this section in accordance with a
plan to be approved by the state board: Provided, further however,
That the state board shall promulgate rules requiring the
employment of school nurses in excess of the number required by
this section to ensure adequate provision of services to severely
handicapped pupils.
Any person employed as a school nurse shall be a registered professional nurse properly licensed by the West Virginia board of
examiners for registered professional nurses in accordance with
article seven, chapter thirty of this code.
Specialized health procedures that require the skill,
knowledge and judgment of a licensed health professional, shall be
performed only by school nurses, other licensed school health care
providers as provided for in this section, or school employees who
have been trained and retrained every two years who are subject to
the supervision and approval by school nurses. After assessing the
health status of the individual student, a school nurse, in
collaboration with the student's physician, parents and in some
instances an individualized education program team, may delegate
certain health care procedures to a school employee who shall be
trained pursuant to this section, considered competent, have
consultation with, and be monitored or supervised by the school
nurse: Provided, That nothing herein shall prohibit any school
employee from providing specialized health procedures or any other
prudent action to aid any person who is in acute physical distress
or requires emergency assistance. For the purposes of this section
"specialized health procedures" means, but is not limited to,
catheterization, suctioning of tracheostomy, naso-gastric tube feeding or gastrostomy tube feeding. "School employee" means
"teachers", as defined in section one, article one of this chapter
and "aides", as defined in section eight, article four, chapter
eighteen-a of this code.
Any school employee who elects, or is required by this
section, to undergo training or retraining to provide, in the
manner specified in this section, the specialized health care
procedures for those students for which the selection has been
approved by both the principal and the county board, shall receive
additional pay of at least one pay grade higher than the highest
pay grade for which the employee is paid: Provided, That any
training required in this section may be considered in lieu of
required in-service training of the school employee and a school
employee may not be required to elect to undergo the training or
retraining: Provided, however, That commencing with the first day
of July, one thousand nine hundred eighty-nine, any newly employed
school employee in the field of special education shall be required
to undergo the training and retraining as provided for in this
section: Provided further, That if an employee who holds a class
title of an aide is employed in a school and such aide has received
the training, pursuant to this section, then an employee in the field of special education shall not be required to perform the
specialized health care procedures.
Each county school nurse, as designated and defined by this
section, shall perform a needs assessment. These nurses shall meet
on the basis of the area served by their regional educational
service agency, prepare recommendations and elect a representative
to serve on the council of school nurses established under this
section.
There shall be established a council of school nurses which
shall be convened by the state board of education. This council
shall prepare a procedural manual and shall provide recommendations
regarding a training course to the director of the state division
of health who shall consult with the state department of education.
The state division of health then has the authority to promulgate
rules to implement the training and to create standards used by
those school nurses and school employees performing specialized
health procedures. The council shall meet every two years to
review the certification and training program regarding school
employees.
The state board of education shall work in conjunction with
county boards to provide training and retraining every two years as recommended by the council of school nurses and implemented by the
state division of health.
NOTE: The purpose of this bill is to require county boards of
education to employ one school nurse for every one thousand five
pupils, for net enrollment in all grades. Current law requires one
school nurse for every one thousand five hundred pupils of net
enrollment for grades kindergarten through seventh.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.