H. B. 3091
(By Mr. Speaker, Mr. Kiss (By Request))
[Introduced February 21, 2003; referred to the
Committee on Government Organization.]
A BILL to amend and reenact sections one and three, article seven,
chapter thirty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend and reenact
sections one and five, article seven-a of said chapter, all
relating to combining the board of examiners for registered
professional nurses with the board of examiners for licensed
practical nurses; transfer of powers, duties and
responsibilities; restructuring the board; setting forth a
mandate for the board; and specifying effective date.
Be it enacted by the Legislature of West Virginia:
That sections one and three, article seven, chapter thirty of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that sections one and five,
article seven-a of said chapter, be amended and reenacted, all to
read as follows:
ARTICLE 7. REGISTERED PROFESSIONAL NURSES AND PRACTICAL NURSES.
§30-7-1. Definitions.
As used in this article the term:
(a) "Board" shall mean means the West Virginia board of
examiners for registered professional nurses and, beginning on the
first day of July, two thousand four, the term "board" means the
board of examiners for registered professional nurses and practical
nurses;
(b) The practice of "registered professional nursing" shall
mean means the performance for compensation of any service
requiring substantial specialized judgment and skill based on
knowledge and application of principles of nursing derived from the
biological, physical and social sciences, such as responsible
supervision of a patient requiring skill in observation of symptoms
and reactions and the accurate recording of the facts, or the
supervision and teaching of other persons with respect to such
principles of nursing, or in the administration of medications and
treatments as prescribed by a licensed physician or a licensed
dentist, or the application of such nursing procedures as involve
understanding of cause and effect in order to safeguard life and
health of a patient and others;
(c) "Temporary permit" means a permit authorizing the holder
to practice registered professional nursing in this state until
such permit is no longer effective or the holder is granted a license by the West Virginia state board of examiners for
registered professional nurses.
§30-7-3. Board of examiners for registered professional nurses and
licensed nurses.
The governor shall appoint, by and with the advice and consent
of the Senate, a board consisting of five members who shall
constitute and be known as the West Virginia board of examiners for
registered professional nurses and practical nurses.
Appointments hereunder shall be made by the governor, by and
with the advice and consent of the Senate, from lists submitted to
the governor by the West Virginia nurses' association. Such lists
shall contain the names of at least three persons eligible for
membership for each membership or vacancy to be filled and shall be
submitted to the governor on or before the first day of June of
each year and at such other time or times as a vacancy on the board
shall exist. Appointments under the provisions of this article
shall be for a term of five years each or for the unexpired term,
if any, of the present members. Any member may be eligible for
reappointment, but no member shall serve longer than two successive
terms. Vacancies shall be filled in the same manner as is provided
for appointment in the first instance. The governor may remove any
member for neglect of duty, for incompetence, or for unprofessional
or dishonorable conduct.
Each member of the board hereafter appointed shall: (a) Be a citizen of the United States and a resident of this state; (b) be
a graduate from an accredited educational program in this or any
other state for the preparation of practitioners of registered
professional nursing, or be a graduate from an accredited college
or university with a major in the field of nursing; (c) be a
graduate from an accredited college or university; (d) be a
registered professional nurse licensed in this state or eligible
for licensure as such; (e) have had at least five years of
experience in teaching in an educational program for the
preparation of practitioners of registered professional nursing, or
in a combination of such teaching and either nursing service
administration or nursing education administration; and (f) have
been actually engaged in registered professional nursing for at
least three within the past five years preceding his or her
appointment or reappointment.
Each member of the board shall receive fifty dollars for each
day actually spent in attending meetings of the board, or of its
committees, and shall also be reimbursed for actual and necessary
expenses: Provided, That the per diem increased by this amendment
shall be effective upon passage of this article.
At least six months prior to the first day of July, two
thousand four, the governor shall appoint, by and with the advice
and consent of the Senate, two additional members to the board,
which appointments become effective the first day of July, two thousand four, at which time the board shall become the board of
examiners for registered professional nurses and practical nurses
,
and shall be responsible for the provisions of this article and of
article seven-a of this chapter. The board shall determine ways to
combine studies and to allow credit for common courses. The board
shall also develop methods to utilize existing facilities and
resources to train and educate nurses in a manner which involves
user friendly courses and distance learning techniques available
for evening and weekend training.
Beginning the first day of July, two thousand five, the board
of examiners for registered professional nurses and practical
nurses shall consist of five members. Two members shall be
selected as provided above, two members shall be selected as
provided in section five, article seven-a of this chapter
and one
person shall be a citizen of this state knowledgeable in business.
ARTICLE 7A. PRACTICAL NURSES.
§30-7A-1. Definitions.
(a) The term "practical nursing" means the performance for
compensation of selected nursing acts in the care of the ill,
injured, or infirm under the direction of a registered professional
nurse or a licensed physician or a licensed dentist, and not
requiring the substantial specialized skill, judgment and knowledge
required in professional nursing.
(b) The term "practical nurse" means a person who has met all the requirements for licensure as a practical nurse and who engages
in practical nursing as hereinabove defined.
(c) The term "board" as used in this article, shall mean means
the board of examiners for licensed practical nurses as set forth
in section five of this article: Provided, That after the last day
of June, two thousand four, that term means the board of examiners
for registered professional nurses and practical nurses.
§30-7A-5. Board of examiners; powers; duties.
The governor shall appoint, by and with the advice and consent
of the Senate, seven citizens of the state of West Virginia who
shall constitute the "West Virginia state board of examiners for
licensed practical nurses" and they shall be charged with the duty
of administering the provisions of this article. Of the seven
members so appointed two shall be licensed practical nurses, one of
whom shall be a graduate of an approved school of practical
nursing, and both of whom shall have had not less than five years'
experience as licensed practical nurses, two shall be registered
professional nurses, at least one of whom shall be experienced in
practical nurse education; one shall be a doctor of medicine; one
shall be a hospital administrator actively engaged as such in this
state and one shall be a vocational educator. Such The
appointments shall be for terms of five years each, except that in
the initial appointments, one licensed practical nurse and one
registered professional nurse shall be appointed for a term of five years, one licensed practical nurse and one registered professional
nurse shall be appointed for a term of four years, the doctor of
medicine shall be appointed for a term of three years, the hospital
administrator shall be appointed for a term of two years and the
vocational educator shall be appointed for a term of one year. The
practical nurses so to be appointed, initially and subsequently,
shall be selected by the governor from a list to be submitted to
him by the Licensed Practical Nurses' Association of West Virginia,
Inc., which list shall contain the names of at least two licensed
practical nurses for each board member so to be appointed, who
shall have been licensed by examination and who shall have not less
than five years' experience as a licensed practical nurse. The
doctor of medicine so appointed shall be selected by the governor
from two nominations submitted to him by the West Virginia state
medical association; each registered professional nurse so
appointed shall be selected by the governor from two nominations
submitted to him by the West Virginia Nurses Association, Inc.; the
hospital administrator shall be appointed by the governor from two
nominations submitted to him by the West Virginia hospital
association; and the vocational educator shall be appointed by the
governor from two nominations submitted to him by the state board
of education. Any member of the board may be eligible for
reappointment, but no member shall may serve more than two
successive terms. The board is hereby authorized to appoint and employ a qualified person to perform the duties of executive
secretary and to act as educational advisor to the board. Such The
secretary shall act under the direction of the board. The board
shall furnish the secretary a headquarters and shall provide such
office equipment and clerical assistance as the duties of the
office may require. The board shall have power to appoint such
nurses, deputies, clerks, assistants, inspectors and employees as
shall be necessary for the proper exercise of the powers and duties
of the board. The compensation and expenses of the members of the
board and its appointees and employees shall be paid out of such
funds as are allocated to the board in its annual budget. The
secretary shall keep the records of proceedings of the board, and
shall keep a registry of the names and addresses of all practical
nurses registered under this article, which registry shall be a
public record. Said The board shall hold not less than two regular
meetings each year and such additional meetings at such times and
places as the board may determine. The board is authorized to
adopt and, from time to time, to revise such rules and regulations
not inconsistent with this article, as may be necessary to enable
it to carry into effect the provisions hereof of this article. The
board shall prescribe curricula and standards for schools and
courses preparing persons for licensure under this article. It
shall survey such schools and courses at such times as it may deem
considers necessary. It shall survey and accredit such schools, clinical practice areas and courses as meet the requirements of
this article and of the board. It shall examine, license and renew
the license of duly qualified applicants.
On and after the first day of June, two thousand four, the
board of examiners for licensed practical nurses
is terminated and
all functions, duties, responsibilities and powers formerly
exercised by the board of examiners for licensed practical nurses
are transferred to the board of examiners for registered
professional nurses and practical nurses
. All terms of members of
the board of examiners for licensed practical nurses shall cease
and become void as of midnight, the thirtieth day of June, two
thousand four.
NOTE: The purpose of this bill is to combine the Board of
Examiners for Registered Professional Nurses with the Board of
Examiners for Practical Nurses.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.