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Introduced Version House Bill 2289 History

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Key: Green = existing Code. Red = new code to be enacted


H. B. 2289


(By Delegates Hatfield and Hubbard)

[Introduced February 19, 2001; referred to the

Committee on Health and Human Resources then Government Organization.]




A BILL to amend article five-b, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section six-b, relating to requiring nurse representation on boards of directors of hospitals and corporations that operate hospitals.

Be it enacted by the Legislature of West Virginia:

That article five-b, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section six-b, to read as follows:

ARTICLE 5B. HOSPITALS AND SIMILAR INSTITUTIONS.

§16-5B-6b. Nurse representation on hospital boards of directors.

(a)(1) The Legislature finds that nurses:

(A) Have a broad knowledge base about the holistic approach to patient care;

(B) Are the only group which has contact with patients in hospitals twenty-four hours a day, seven days a week;

(C) See the effect that budget decisions and policy decisions have on the quality of care to patients; and

(D) Are well prepared intellectually and educationally to make policy decisions.

(2) Therefore, the Legislature declares that in order to assist in ensuring that quality care is provided to patients in hospitals there should be at least one licensed registered professional nurse on each hospital board of directors. The Legislature further declares that hospitals receive such major revenue from public sources and are so crucial in health planning and development that it is necessary to require nurse representatives on their boards of directors.

(b) The board of directors of every hospital, whether not-for-profit or for-profit, and the board of directors of every corporation that operates a hospital, shall have at least one
member who is a licensed registered professional nurse, with full voting privileges. Notwithstanding any provision in article one, chapter thirty-one of this code to the contrary, or the hospital's or corporation's articles of incorporation, bylaws or other similar document, the nurse member shall be selected consistent with this subsection. The nurse member shall be selected from a list of three eligible nurses furnished by the West Virginia nurses association. To be eligible, a nurse:
(1) Must be a licensed registered professional nurse, under the provisions of article seven, chapter thirty of this code;

(2) May not be an employee of a hospital that the specific board of directors has under its direct or indirect supervision; and

(3) Must be a licensed registered professional nurse who regularly provides clinical services directly to patients.

(c) The provisions of this section may be enforced by the commissioner of the bureau for public health, or by any citizen of the county where the offending hospital is located, by the filing of a civil action in the circuit court of the county.

(d) This section becomes effective on the first day of July, two thousand two.




NOTE: The purpose of this bill is to require nurse representation on hospital boards of directors.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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