COMMITTEE SUBSTITUTE
FOR
H. B. 2111
(
By Delegates Beane and Michael
)
(Originating in the Committee on the Judiciary)
[March 25, 2005]
A BILL to amend and reenact §16-4C-14 of the Code of West Virginia,
1931, as amended, relating to allowing paramedics the right to
practice in a hospital emergency rule setting; and authorizing
the promulgation of legislative and emergency rules.
Be it enacted by the Legislature of West Virginia:
That §16-4C-14 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 4C. EMERGENCY MEDICAL SERVICES ACT.
§16-4C-14. Services that may be performed by emergency medical
service personnel.
Notwithstanding any other provision of law, emergency medical
service personnel
, by each class, may provide the services as
determined by the commissioner by legislative rule pursuant to the
provisions of article three, chapter twenty-nine-a of this code.
Legislative rules governing provision of these services in a hospital emergency room setting shall be developed by the
commissioner and shall include provisions allowing paramedics to
function under the direct supervision of a registered professional
nurse in a hospital emergency room setting. Provision of these
services in an emergency room hospital setting shall not be
initiated until a legislative rule establishing training
requirements, standards and requirements for these functions is in
effect. The Legislature therefore directs the commissioner to
propose this legislative rule on or before the first day of July,
two thousand six. Further, the Commissioner
may promulgate this
rule as an emergency rule pursuant to the provisions of section
fifteen, article three, chapter twenty-nine-a of this code. Any
rule so promulgated shall provide that
paramedics are under the
jurisdiction of the commissioner. The West Virginia Board of
Registered Professional Nurses may propose legislative rules,
pursuant to article three, chapter twenty-nine-a of the code
relating to the scope of practice for nurses as those practices
relates to overseeing these
paramedics. The provisions of this
section and any rules promulgated thereunder may not be construed
to alter in any manner the duties, role or responsibilities of
attending physicians regarding the providing and oversight of
patient care.