Engrossed Version
House Bill 4641 History
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ENGROSSED
H. B. 4641
(By Delegates Michael, Leach, Long, Kominar,
Foster, Beane and Perdue)
[Introduced
February 26, 2004
; referred to the
Committee on Government Organization then Finance.]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §30-7B-1, §30-7B-2,
§30-7B-3, §30-7B-4, §30-7B-5 and §30-7B-6, all relating to the
delegation of dialysis care; authorizing delegation under
certain circumstances; providing for training and testing
standards; providing for approval or disapproval of training
programs and testing organizations; providing for exceptions
to training and testing requirements; authorizing rulemaking
and emergency rulemaking; requiring facilities to provide
information to the board; and providing for the expiration of
authority in absence of sunrise application.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated
§30-7B-1, §30-7B-2,
§30-7B-3, §30-7B-4, §30-7B-5 and §30-7B-6,
all to read as follows:
ARTICLE 7B. DELEGATION OF DIALYSIS CARE.
§30-7B-1. Definitions.
As used in this article:
(1) "Approved dialysis technician training program" means any
board approved program used to train dialysis technicians
including, but not limited to, a board approved dialysis
facility-sponsored training program or another state approved
program.
(2) "Board" means the West Virginia board of examiners for
registered professional nurses.
(3) "Dialysis care" means performing and monitoring dialysis
procedures which includes initiating and discontinuing dialysis,
drawing blood, and administering the following medications:
(A) Heparin either to prime the pump, initiate treatment or
for administration throughout the treatment, in an amount
prescribed by a physician or other practitioner duly authorized to
so prescribe. This may be done either intravenously, peripherally
via a fistula needle or in another clinically acceptable manner;
(B) Normal saline via the dialysis extracorporeal circuit as
needed throughout the dialysis procedure; and
(C) Intradermal anesthetic in an amount prescribed by a
physician or other practitioner duly authorized to so prescribe.
(4) "Direct supervision" means initial and ongoing direction,
procedural guidance, observation, and evaluation, and the on-site
presence of a registered nurse or physician.
(5) "West Virginia dialysis technician or dialysis technician"
means an individual who has successfully completed an approved
dialysis technician training program and who has achieved national
certification as a dialysis technician, or an individual who meets
the requirements set forth in the board's rule pertaining to
dialysis technicians practicing prior to the first day of July, two
thousand four.
§30-7B-2. Authority to delegate care.
(a) A person licensed as a registered professional nurse under
the provisions of article seven of this chapter may delegate
dialysis care to a dialysis technician if:
(1) The dialysis technician has completed the requirements set
forth in this article and established by the board by rule;
(2) The registered professional nurse considers the dialysis
technician to be competent; and,
(3) The dialysis technician provides the care under the direct
supervision of the registered professional nurse.
(b) A person licensed as a registered professional nurse
under the provisions of article seven of this chapter may not
delegate dialysis care to a person who is listed on the nurse aide
abuse registry with a substantiated finding of abuse, neglect or
misappropriation of property.
§30-7B-3. Training and testing standards; approval.
(1) The board shall prescribe standards for an approved dialysis technician training program, and prescribe testing
standards and requirements, by legislative rule.
(2) Persons and organizations providing training programs and
testing services must be approved by the board.
(3) Approval may be denied or withdrawn for failure to meet
the standards set out in code or rule, or failure to meet the
requirements of section five of this article.
§30-7B-4. Rulemaking authority.
(a) The board shall propose rules for legislative approval in
accordance with the provisions of article three, chapter twenty-
nine-a of the code to:
(1) Prescribe standards for training programs;
(2) Prescribe testing standards and requirements;
(3) Prescribe requirements for persons and organizations
providing training programs and testing services;
(4) Assess fees for the approval of training programs, tests
and providers of training programs and testing services;
(5) Prescribe standards for individuals who are practicing as
dialysis technicians prior to the first day of July, two thousand
four, in the transition of meeting the requirements of this
article;
and,
(6) Provide for any other requirements to carry out the
purposes of this article.
(b) The board may promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a
of this code for the purposes set forth in subsection (a) of this
section.
§30-7B-5. Facilities to determine qualifications and provide
information to board.
(a) Facilities which provide dialysis care through the
employment of dialysis technicians shall determine that the
dialysis technicians in their employment have met the standards and
requirements of this article and the legislative rules promulgated
pursuant to this article, including determining whether any
dialysis technician is listed on the nurse aide abuse registry with
a substantiated finding of abuse, neglect or misappropriation of
property.
(b) On or before the first day of July of each year, every
facility in the state of West Virginia which provides dialysis care
through the employment of dialysis technicians shall provide a list
to the board of the names and addresses of all dialysis technicians
employed at the facility.
§30-7B-6. Authority contingent upon submission of application to
regulate dialysis technicians.
The authority to delegate the performance of dialysis care
pursuant to the provisions of this article shall cease on the first
day of August, two thousand five, unless an application to regulate
dialysis technicians is submitted
by the first day of December, two thousand four
, in accordance with the provisions of article one-a
of this chapter on or before that date.