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WVC 16 - 5 O- 3 §16-5O-3. Administration of medications; performance of health maintenance tasks; maintenance of liability insurance in facilities.

     (a) The secretary shall establish and implement a program for the administration of medications and performance of health maintenance tasks in locations covered by this article. The program shall be developed and conducted in cooperation with the appropriate agencies, advisory bodies and boards.

     (b) Administration of medication or performance of health maintenance tasks pursuant to this article shall be performed only by:

     (1) Licensed health care professionals; or

     (2) Facility staff members who have been trained and retrained every two years and who are subject to the supervision of and approval by a registered professional nurse.

     (c) After assessing the health status of an individual resident, a registered professional nurse, in collaboration with the resident's attending physician and the facility staff member, may recommend that the facility authorize a facility staff member to administer medication or perform health maintenance tasks if the staff member:

     (1) Has been trained pursuant to the requirements of this article;

     (2) Is considered by the registered professional nurse to be competent;

     (3) Consults with the registered professional nurse or attending physician on a regular basis; and

     (4) Is monitored or supervised by the registered professional nurse.

     (d) An agency or facility employing a health care provider licensed pursuant to the provisions of chapter thirty of this code for the purposes of supervising the administration of medication or performance of health maintenance tasks shall maintain liability insurance for the licensed health care provider and any facility staff member who has been trained and is employed to administer medication or perform health maintenance tasks pursuant to this article.

     (e) Nothing in this article may be construed to prohibit any facility staff member from administering medications or performing health maintenance tasks, or providing any other prudent emergency assistance to aid any person who is in acute physical distress or requires emergency assistance.

     (f) Supervision of self-administration of medication by facility staff members who are not licensed health care professionals may be permitted in certain circumstances, when the substantial purpose of the setting is other than the provision of health care. Note: WV Code updated with legislation passed through the 2013 1st Special Session
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