Introduced Version Senate Bill 583 History

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Senate Bill No. 583

(By Senators Foster and Klempa)


[Introduced February 14, 2012; referred to the Committee on Health and Human Resources.]





A BILL to amend and reenact §30-7-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-7-1a, all relating to defining the term “advanced practice registered nurse”; providing a grandfather clause; and providing rule-making authority.

Be it enacted by the Legislature of West Virginia:

    That §30-7-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §30-7-1a, all to read as follows:


§30-7-1. Definitions.

    As used in this article the term:

    (a) The practice of “advanced practice registered nurse” is the performance of services by a registered professional nurse who has acquired advanced clinical knowledge and skills preparing him or her to provide direct and indirect care to patients, who has completed a board approved graduate-level education program and who has passed a board approved national certification examination. An advanced practice registered nurse shall meet all requirements set forth by the board in rule for an advanced practice registered nurse which shall include, at a minimum, a valid license to practice as a certified registered nurse anesthetist, certified nurse midwife, certified clinical nurse specialist or certified nurse practitioner.

    (a) (b) "Board" shall mean means the West Virginia Board of Examiners for Registered Professional Nurses;

    (b) (c) The practice of "registered professional nursing" shall mean means the performance for compensation of any service requiring substantial specialized judgment and skill based on knowledge and application of principles of nursing derived from the biological, physical and social sciences, such as responsible supervision of a patient requiring skill in observation of symptoms and reactions and the accurate recording of the facts, or the supervision and teaching of other persons with respect to such principles of nursing, or in the administration of medications and treatments as prescribed by a licensed physician or a licensed dentist, or the application of such nursing procedures as involve understanding of cause and effect in order to safeguard life and health of a patient and others;

    (c) (d) "Temporary permit" means a permit authorizing the holder to practice registered professional nursing in this state until such permit is no longer effective or the holder is granted a license by the West Virginia State Board of Examiners for Registered Professional Nurses.

§30-7-1a. Requirements prior to legislative enactment during the 2012 regular session.

    An applicant for licensure as an advanced practice registered nurse as set forth in section one of this article who completed an advanced nursing education program and was recognized, licensed or certified in advanced practice or licensed as a certified nurse midwife in West Virginia or another state before July 1, 2013, may apply for and receive an advanced practice registered nurse license if that applicant meets the requirements that were in place in West Virginia at the time the applicant qualified for initial advanced practice licensure.

    NOTE: The purpose of this bill is to define “advanced practice registered nurse”. The bill provides a grandfather clause. The bill also provides rule-making authority.

    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

    §30-7-1a is new; therefore, strike-throughs and underscoring have been omitted.

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