H. B. 3196
(By Delegates D. Campbell, Williams and Shaver
[Amended and again passed, in an effort to meet the objections of
the Governor, March 18, 2011; in effect from passage.]
AN ACT to
amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §30-7D-1, §30-7D-2
and §30-7D-3, §30-7D-4, §30-7D-5, §30-7D-6, §30-7D-7, §30-7D-
8, §30-7D-9, §30-7D-10, §30-7D-11, §30-7D-12 and §30-7D-13,
all relating to medication assistive persons in the nursing
home setting; creating a pilot program; defining terms;
requiring certification; designating certain facilities;
stating qualifications to serve as a medication assistive
person; detailing the scope of a medication assistive person's
work; setting requirements for renewal of certifications;
creating disciplinary authority in the West Virginia Board of
Examiners for Registered Professional Nurses; creating
misdemeanor offenses for certain violations; creating criminal
penalties; vesting the Kanawha County circuit court with
jurisdictional and power to enjoin violations; creating the
medication assistive person advisory committee; ensuring
nurses responsibilities are not changed; and authorizing emergency rule-making authority.
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 §30-7D-1, §30-7D-2,
§30-7D-3, §30-7D-4, §30-7D-5, §30-7D-6, §30-7D-7, §30-7D-8, §30-7D-
9, §30-7D-10, §30-7D-11, §30-7D-12 and §30-7D-13, all to read as
ARTICLE 7D. MEDICATION ASSISTIVE PERSONS.
§30-7D-1. Pilot program.
A pilot program is herein developed to monitor the practice of
unlicensed personnel administering medication in the nursing home
setting. Monitoring of this pilot program shall be conducted by
the West Virginia Board of Examiners for Registered Professional
Nurses and shall encompass the following:
(1) Signed participation agreements from a minimum of ten
nursing homes licensed in West Virginia that meet participation
requirements as determined by the board. The pilot program will
not progress unless this requirement is met.
(2) After a period of six months of monitoring the
implementation of the pilot program, a report shall be provided to
the Legislative Commission for Health and Human Resources
As used in this article:
(1) "Board" means the West Virginia Board of Examiners for Registered Professional Nurses;
(2) "Designated facility" means a type of facility determined
by the board as an environment in which medication assistive
persons may serve in accordance with the requirements of this
article and rules promulgated by the board;
(3) "Medication assistive person" means a person who is
certified by the board to administer certain nonprescription and
legend drugs in designated facilities;
(4) "Supervision" means the active oversight of patient care
services while on the premises of a designated facility in a manner
defined by the board; and
(5) "MA-C" is the designation for a person who is certified as
a medication assistive person.
§30-7D-3. Certificate required.
In order to safeguard life and health, any person serving or
offering to serve as a medication assistive person shall:
(1) Submit evidence that he or she is qualified; and
(2) Be certified as provided in this article.
§30-7D-4. Designated facilities.
(a) The West Virginia Board of Examiners for Registered
Professional Nurses shall designate the types of facilities that
may use medication assistive persons.
(b) (1) Designated facilities may not be required to use
medication assistive persons.
(2) If a designated facility elects to use medication
assistive personnel, the facility shall notify the board in a manner prescribed by the board.
(a) In order to be certified as a medication assistive person,
an applicant shall submit to the West Virginia Board of Examiners
for Registered Professional Nurses an application and appropriate
fee. During the pilot program, temporary certificates will be
issued. At the completion of the pilot program, if proven
successful, qualified individuals holding a temporary certificate
as a medication assistive person meeting requirements for full
certification shall be issued a permanent certificate. The
application shall provide written evidence, verified by oath, that
(1) (A) Is currently listed in good standing on the state's
certified nurse aide registry;
(B) Has maintained registration on the state's certified nurse
aide registry continuously for a minimum of one year;
(C) Has completed at least one continuous year of full-time
experience as a certified nurse aide in this state;
(D) Is currently employed at a designated facility;
(E) Has a high school diploma or the equivalent;
(F) Has successfully completed a literacy and reading
comprehension screening process approved by the board;
(G) Has completed a state and federal criminal background
check in compliance with board requirements;
(H) Has successfully completed a medication assistive person
training course of not less than one hundred hours approved by the board; and
(I) Has successfully passed an examination on subjects the
board determines; or
(2) (A) Has completed a portion of a nursing education program
equivalent to the medication assistive person training course; and
(B) Passed the medication aide examination.
(b) The board may issue a certification as a medication
assistive person by endorsement to an applicant who has been
licensed or certified as a medication assistive person under the
laws of another state or territory if:
(1) In the opinion of the board, the applicant meets the
qualifications of medication assistive persons in this state; and
(2) The board recommends certification.
(c) Any person holding a certification as a medication
assistive person may use the title "medication aide-certified" and
the abbreviation "MA-C".
§30-7D-6. Scope of work.
(a) (1) A medication assistive person may perform the
delegated nursing function of medication administration and related
tasks in accordance with rules promulgated by the West Virginia
Board of Examiners for Registered Professional Nurses.
(2) A medication assistive person shall perform medication
administration and related tasks only:
(A) At a designated facility; and
(B) Under the supervision of a registered professional nurse.
(3) (A) Medication administration is limited to the administration of nonprescription and legend drugs ordered by an
authorized prescriber and only by the following methods:
(iii) Drops for eye, ear or nose;
(vi) Transdermally; and
(vii) Via oral inhaler.
(B) Medication administration by a medication assistive person
may not include controlled substances.
(b) A medication assistive person may not:
(1) Receive, have access to or administer any controlled
(2) Administer parenteral, enteral, or injectable medications;
(3) Administer any substances by nasogastric, oralgastric or
(4) Calculate drug dosages;
(5) Destroy medication;
(6) Receive orders either in writing or verbally for new or
(7) Transcribe orders from the medical record;
(8) Order initial medications;
(9) Evaluate medication error reports;
(10) Perform treatments;
(11) Conduct patient assessments or evaluations; or
(12) Engage in patient teaching activities.
§30-7D-7. Renewal of certifications.
(a) (1) The West Virginia Board of Examiners for Registered
Professional Nurses shall prescribe the procedure for the cyclical
renewal of medication assistive person certifications.
(2) In each case, the board shall provide a notification for
renewal to the medication assistive person at least thirty days
before the expiration date of the certification by United States
Postal Service or by electronic means.
(b) (1) Upon receipt of the renewal application and the fee,
the board shall verify the accuracy of the application.
(2) (A) If the board finds the application to be accurate and
related documents indicate that the applicant remains in good
standing, the board shall issue a certificate of renewal to the
(B) As a condition of certification renewal, a medication
assistive person shall be:
(i) Currently listed in good standing on the state's certified
nurse aide registry; and
(ii) Required to satisfactorily complete all continuing
education required in the legislative rules governing the practice
of the MA-C.
(c) The renewal renders the holder of the certificate a legal
provider of medication assistive person services for the period
stated in the certificate of renewal.
(d) Any medication assistive person who allows his or her certification to lapse by failing to renew the certification as
provided in this section may be reinstated by the board on:
(1) Payment of the renewal fee plus a penalty; and
(2) Submission of evidence that the person currently meets the
requirements to serve as a medication assistive person.
(e) Any person providing services as a medication assistive
person during the time his or her certification has lapsed is
considered to be providing services illegally and is subject to the
penalties provided for violations of this article.
§30-7D-8. Disciplinary actions.
(a) The West Virginia Board of Examiners for Registered
Professional Nurses has sole authority to deny, suspend, revoke or
limit any medication assistive person certificate issued by the
board or applied for in accordance with the provisions of this
article or to otherwise discipline a certificate holder upon proof
that the person:
(1) Is or was guilty of fraud or deceit in procuring or
attempting to procure a certificate to practice as a medication
(2) Has been found guilty of or pled guilty or nolo contendere
to a felony, crime of moral turpitude or violation of chapter
sixty-a of this code;
(3) Is unfit or incompetent by reason of negligence, habits or
(4) Is habitually intemperate or is addicted to the use of
(5) Is mentally incompetent;
(6) Is guilty of unprofessional conduct;
(7) Is practicing or attempting to practice as a medication
aide certified without a certification;
(8) Has had a license, certificate, or registration revoked or
(9) Has been placed on probation or under disciplinary order
in any jurisdiction;
(10) Has voluntarily surrendered a license, certification, or
registration and has not been reinstated in any jurisdiction; or
(11) Has willfully or repeatedly violated any of the
provisions of this article.
(b) The board shall refuse to issue or shall revoke the
certificate of any person who would be disqualified from employment
under the provisions of this law or the rules governing the
practice of the medication assistive person.
(c) Proceedings under this section shall be conducted in
accordance with the West Virginia Administrative Procedure Act,
chapter twenty-nine-a of this code.
§30-7D-9. Offenses and Penalties.
(a) It shall be a misdemeanor for any person to:
(1) Sell or fraudulently obtain or furnish any medication
assistive person's certificate, renewal or record, or aid or abet
in any such sale or fraud;
(2) Serve as a medication assistive person under cover of any
certificate or record illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation;
(3) Serve as a medication assistive person unless certified by
the West Virginia Board of Examiners for Registered Professional
(4) Use in connection with his or her name any of the
following titles, names, or initials if the user is not properly
certified under this article:
(A) Medication assistive person;
(C) Medication aide;
(D) Medication technician;
(E) Certified medication aide;
(G) Medication Aide - certified;
(H) MA-C; or
(I) Any other name, title, or initials that would cause a
reasonable person to believe the user is certified under this
(5) Serve as a medication assistive person during the time his
or her certification is suspended;
(6) Conduct an education program for the preparation of
medication assistive persons unless the program has been approved
by the board; or
(7) Otherwise violate any provisions of this article.
(b) Any person convicted of any such misdemeanor shall be
punished by a fine of not less than $25 nor more than $250.
(a) The Kanawha County circuit court is vested with
jurisdiction and power to enjoin the unlawful provision of
medication assistive person services in any county of the State of
West Virginia in a proceeding initiated by the West Virginia Board
of Examiners for Registered Professional Nurses, any member of the
board, or any citizen in this state.
(b) (1) The issuance of an injunction does not relieve a
person from criminal prosecution for violation of the provisions of
(2) The remedy of injunction is in addition to liability for
§30-7D-11. Medication Assistive Person Advisory Committee.
(a) (1) The Medication Assistive Person Advisory Committee is
created as an advisory committee to the West Virginia Board of
Examiners for Registered Professional Nurses.
(2) The committee shall assist the board in implementing the
provisions of this article regarding medication assistive persons.
(b) The board shall appoint six members who have the following
(1) Two members shall be certified medication assistive
(2) One member shall be a licensed nursing home administrator
who has worked in that capacity for at least three years;
(3) One member shall be a registered nurse who has been in a
practice using certified nurse aides for at least three years;
(4) One member shall be a lay person representing the
interests of consumers of health care services; and
(5) One member shall be a nursing faculty member of a West
Virginia nursing education program.
(c) Members shall serve three-year terms.
(d) The board may remove any committee member after notice and
hearing for incapacity, incompetence, neglect of duty or
malfeasance in office.
(e) The members of the committee shall serve without
compensation but may receive expense reimbursement in accordance
with applicable law or rule.
§30-7D-12. Applicability of article.
Nothing in this article relieves a nurse from the
responsibility of assessing each patient daily and as needed to
assure public safety and safe medication administration.
§30-7D-13. Rulemaking authority.
The board may promulgate emergency rules pursuant to the
provisions of section fifteen, article three, chapter twenty-nine-a
of the code.