H. B. 2895
(By Mr. Speaker, Mr. Kiss, and Delegates Perdue,
Staton, Beane, Amores, Brown and Ashley)
(Originating in the Committee on Government Organization)
[February 27, 2003]
A BILL to amend and reenact section three, article five-r, chapter
sixteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, and to further amend said
article by adding thereto a new section, designated section
six, all relating to requiring training in the subject of
dementia; defining direct patient care; requiring nursing
homes and other facilities to require training of nurses and
nurses aides; and providing that training requirements may be
part of training or education otherwise required by law.
Be it enacted by the Legislature of West Virginia:
That section three, article five-r, chapter sixteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and to further amend said
article by adding thereto a new section, designated section six,
all to read as follows:
ARTICLE 5R. THE ALZHEIMER'S SPECIAL CARE STANDARDS ACT.
§16-5R-3. Definition of alzheimer's special care unit/program.
For the purposes of this article, the following definitions
(a) "Alzheimer's disease" means a diagnosis of presenile
dementia or senile dementia-Alzheimer type (SDAT), characterized by
confusion, memory failure, disorientation, restlessness, agnosia,
speech disturbances, inability to carry out purposeful movements
(b) "Alzheimer's Special Care Unit or Program," means any
facility that secures, segregates or provides a special program or
special unit for residents with a diagnosis of probable alzheimer's
disease or a related disorder and that advertises, markets or
otherwise promotes the facility as providing specialized
alzheimer's or dementia care services.
(c) "Department" means the department of health and human
(d) "Direct patient care" means health care that provides for
the physical, diagnostic, emotional or rehabilitational needs of a
patient or health care that involves examination, treatment or
preparation for diagnostic tests or procedures.
(d) (e) "Facility" means any nursing home or facility,
residential board and care home, personal care home, assisted
living facility, adult congregate living facility, home health
agency, adult day care center, hospice or adult foster home situate
or operating in this state.
(e) (f) "Resident" means an individual living in a facility
that offers an alzheimer's special care unit or program.
(f) (g) "Secretary" means the secretary of the department of
health and human resources.
§16-5R-6. Education and training for direct care staff.
(a) Effective the first day of July, two thousand three, every
nursing home or facility, residential board and care home, personal
care home or assisted living facility licensed in this state shall
require all registered professional nurses,
practitioners, licensed practical nurses and nurse aides
provide direct patient care or who have daily contact with persons
to complete four hours of training in the subject of
dementia, two hours of which shall be related to Alzheimer's
The training requirements of this section may be part of
the total hours of training or continuing education otherwise
required by law.