H. B. 2944
(By Delegates Hatfield, Fleischauer,
Wysong, Marshall, Hrutkay, Eldridge, Boggs,
Spencer, Guthrie and Rowan)
[Introduced February 8, 2007; referred to the
Committee on Health and Human Resources then the
Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §16-5C-20; and to
amend and reenact §30-1-7a of said code, all relating to the
end-of-life care of residents of nursing homes; requiring
certain residents be given the option of hospice palliative
care; and requiring each nursing home facility medical
director to complete two hours of continuing education course
work in the subject of end-of-life care, including pain
management, during each reporting period.
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 section, designated §16-5C-20; and that
§30-1-7a of said code be amended and reenacted, all to read as
follows:
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 5C. NURSING HOMES.
§16-5C-20. Hospice palliative care required to be offered.
(a) When the health status of a nursing home facility resident
declines to the end-stage of a disease process or when the resident
receives a physician's order for "comfort measures only," the
facility shall offer the resident the option of receiving hospice
palliative care. The facility shall also notify any person who has
been given a medical power of attorney over the resident that the
resident has the option of receiving hospice palliative care.
(b) The facility shall document that it has offered the
resident, and any person who has been given a medical power of
attorney over the resident, the option of hospice palliative care
and maintain the documentation so that the director may inspect the
documentation, to verify the facility has complied with this
section.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 1. GENERAL PROVISIONS APPLICABLE TO ALL STATE BOARDS OF
EXAMINATION OR REGISTRATION REFERRED TO IN CHAPTER.
§30-1-7a. Continuing education.
(a) Each board referred to in this chapter shall establish
continuing education requirements as a prerequisite to license
renewal. Each board shall develop continuing education criteria
appropriate to its discipline, which shall include, but not be
limited to, course content, course approval, hours required and
reporting periods.
(b)(1) Notwithstanding any other provision of this code or
the provision of any rule to the contrary, each person issued a
license to practice medicine and surgery or a license to practice
podiatry or a license as a physician assistant by the West Virginia
Board of Medicine, each person licensed as a pharmacist by the West
Virginia Board of Pharmacy, each person licensed to practice
registered professional nursing or licensed as an advanced nurse
practitioner by the West Virginia Board of Examiners for registered
professional nurses, each person licensed as a licensed practical
nurse by the West Virginia State Board of Examiners for licensed
practical nurses and each person licensed to practice medicine and
surgery as an osteopathic physician and surgeon or certified as an
osteopathic physician assistant by the West Virginia Board of
Osteopathy shall complete two hours of continuing education
coursework course work in the subject of end-of-life care including
pain management during each continuing education reporting period
through the reporting period ending the thirtieth day of June, two
thousand five. The two hours shall be part of the total hours of
continuing education required by each board by rule and not two
additional hours.
(2) Effective as of the reporting period beginning the first
day of July, two thousand five, the coursework course work
requirement imposed by this subsection will become a one-time
requirement, and all licensees who have not completed the coursework course work requirement shall complete the coursework
course work requirement prior to his or her first license renewal.
(c) Notwithstanding any other provision of this section or
this code or any rule to the contrary, each nursing home facility
medical director issued a license to practice medicine and surgery
by the West Virginia Board of Medicine or licensed to practice
medicine and surgery as an osteopathic physician and surgeon by the
West Virginia Board of Osteopathy shall complete two hours of
continuing education course work in the subject of end-of-life
care, including pain management, during each continuing education
reporting period. The two hours are part of the total hours of
continuing education required and not two additional hours.
NOTE: The purpose of this bill is to enhance the end-of-life
care given to residents of nursing homes. It requires certain
residents to be given the option of hospice palliative care. It
also requires nursing home facility medical directors to complete
two hours of continuing education course work in the subject of
end-of-life care, including pain management, during each reporting
period.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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