SB21 H JUD AM 4-10 #1
The Committee on the Judiciary moves to amend the bill on page
two, following the enacting section, by striking out the remainder
of the bill and inserting in lieu thereof the following language:
"ARTICLE 1C. HEALTH CARE PROVIDER TRANSPARENCY ACT.
§16-1C-1. Legislative findings and purpose.
(a) The Legislature finds that:
(1) Patients receiving health care in this state need
increased clarity and transparency with regard to the
qualifications of employees of health care providers.
(2) There are widespread differences regarding the training
and qualifications earned by employees of health care providers.
These differences often concern the training and skills necessary
to correctly detect, diagnose, prevent and treat serious health
(3) The reliability of the health care system is undermined
and patients are put at risk when patients are confused or mislead
about the qualifications of employees of health care providers to
provide specific patient care.
(b) The purpose of this article is to require employees of
health care providers to wear identification badges, clearly
informing patients of their name and title.
(a) "Direct patient care" means health care that provides for the physical, diagnostic, emotional or rehabilitation needs of a
patient or health care that involves examination, treatment or
preparation for diagnostic tests or procedures.
(b) "Employee" means an employee or contractor of a health
care provider or a person who is granted privileges by a health
care provider who delivers direct patient care.
(c) "Health care provider" means an individual, partnership,
corporation, facility, hospital or institution licensed or
certified or authorized by law to provide professional health care
service in this state to a patient during that patient's medical,
remedial or behavioral health care, treatment or confinement.
(d) "Secretary" means the Secretary of the West Virginia
Department of Health and Human Resources. The secretary may define
in rules any term or phrase used in this article which is not
§16-1C-3. Identification badge requirements.
Notwithstanding any other provision of this code, an employee
shall wear an identification badge when providing direct patient
care. The identification badge shall be worn in a conspicuous
manner so as to be visible and apparent.
(a) Notwithstanding section three of this article, the
following shall apply:
(1) An employee shall not be required to wear an identification badge while delivering direct patient care if it is
not clinically feasible.
(2) The last name of the employee may be omitted or concealed
from an identification badge when delivering direct patient care if
the employee is concerned for his or her safety.
(b) An employee may petition the secretary for an exemption
from the requirements of this article for reasons that are not set
forth in this section.
The Secretary of the Department of Health and Human Resources,
in consultation with appropriate health care provider professional
licensing boards, shall propose rules for legislative approval in
accordance with the provisions of chapter twenty-nine-a of this
code to implement the provisions of this article. These rules
shall include, at a minimum:
(1) The contents of the identification badge, which shall at
least include the name of the employee and title of the employee;
(2) The title to be used to identify employee licensure
(3) The appearance of the identification badge, which shall
have the title of the employee as large as possible in block type:
Provided, That health care facilities providing identification
badges prior to enactment of this article shall not be required to
issue new badges;
(4) The process and procedure for seeking an exemption from
the requirements of this article; and
(5) Such other rules as may be deemed necessary to effectuate
the purposes of this article.
Section three of this article applies to employees of health
care providers, as of July 1, 2015."