SB21 HH&HR AM 4-4
The Committee on Health and Human Resources moves to amend the
bill on page 2, after the enacting clause, by striking out the
remainder of the bill in its entirety and inserting in lieu thereof
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §16-1C-1, §16-1C-2,
§16-1C-3, §16-1C-4, §16-1C-5 and §16-1C-6
to read as follows:
ARTICLE 1C. HEALTH CARE PROVIDER TRANSPARENCY ACT.
(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 a partnership, corporation,
facility, hospital or institution authorized by law to provide
professional health care service.
(d) "Secretary" means the Secretary of the West Virginia
Department of Health and Human Resources.
§16-1C-2. 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 two of this article, the following
(1) An employee may not be required to wear an identification
badge while delivering direct patient care if it is not clinically
(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 or a health care provider may petition the
secretary for an exemption from the requirements of this article
for reasons that are not set forth in this section.
(c) An employee providing direct patient care in a behavioral
health care setting may not be required to wear an identification
Upon complaint that an employee is not complying with the
requirements of this article, a health care provider professional
licensing board shall investigate the complaint for the purpose of
considering disciplinary action.
The Secretary, 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;
(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.
This article applies to health care providers that employee at
least three licensed practitioners or employee more than ten
, as of July 1, 2015."