Senate Bill No. 558
(By Senators Walker, Bailey, Anderson and Plymale)
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[Introduced February 19, 1996; referred to the Committee
 on Health and Human Resources; and then to the Committee on
 Finance.]
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A BILL to amend chapter sixteen of the code of West Virginia, one
 thousand nine hundred thirty-one, as amended, by adding
 thereto a new article, designated article five-m, relating
 to medication administration by unlicensed personnel; short
 title; definitions; administration of medications in
 facilities; exemption from licensure; instructions and
 training; eligibility requirements of facility staff;
 delegation and supervision of medication administration;
 withdrawal of delegation; fees; limitations on medication
 administration; and rules.
Be it enacted by the Legislature of West Virginia:
That chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by
 adding thereto a new article, designated article five-m, to read
 as follows:
ARTICLE 5M.  MEDICATION ADMINISTRATION BY UNLICENSED PERSONNEL.
§16-5M-1.  Short title.
This article may be cited as the "Medication Administration
 by Unlicensed Personnel Act."
§16-5M-2.  Definitions.
As used in this article, unless a different meaning appears
 from the context, the following definitions apply.
"Administration of medication" means assisting a person in
 ingesting any medication through the mouth, the application of a
 medication to the outer skin, eye or ear, the application of nose
 drops, or vaginal or rectal suppositories.
"Authorizing agency" means the department's office of health
 facility licensure and certification.
"Delegating nurse" means a licensed registered nurse who is
 employed or on contract with a facility to provide direct or
 indirect supervision of the administration of medication by
 facility staff members.
"Department" means the department of health and human resources.
"Facility" means an ICF/MR, a personal care home, a
 residential board and care home or a behavioral health group home
 that is licensed by the department.
"Facility staff member" means an individual employed by a
 facility but does not include a health care professional acting
 within the scope of a professional license or certificate.
"Health care professional" means a physician, podiatrist,
 registered nurse, practical nurse, dentist, optometrist or
 respiratory care professional licensed under chapter thirty of
 this code.
"ICF/MR" means an intermediate care facility for the
 mentally retarded which is licensed by the department.
"Medication" means a drug, as defined in section one hundred
 one, article one, chapter sixty-a of this code, to be taken
 orally or applied topically that has been prescribed by a health
 care professional authorized by law to prescribe.
"Registered nurse" means a person who holds a valid license
 pursuant to article seven, chapter thirty of this code.
"Resident" means a resident of a facility.
"Secretary" means the secretary of the department of health and human resources or his or her designee.
§16-5M-3.  Administration of medications in facilities.
(a) The secretary is authorized to establish a program for
 the administration of medications in facilities.  Said program
 will be developed and conducted in cooperation with the office of
 health facility licensure and certification and the medicaid
 program.
(b) Beginning the first day of July, one thousand nine
 hundred ninety-six, as a condition of licensure, the authorizing
 agency shall require that any facility that has unlicensed staff
 administering medication pursuant to the conditions of this
 article shall maintain a written record of each medication
 administered to each resident including the medication, dosage,
 time, route and the name of the staff member authorized to
 administer the medication.  The record will be subject to review
 by the authorizing agency as a part of its procedure in
 authorizing continued licensure of the facility.
§16-5M-4.  Exemption from licensure.
Any individual who is not otherwise authorized by law to
 administer medication in a facility may administer medication
 only after participating in a training program and passing a competency evaluation as prescribed in this article.  Any
 individual who administers medication in a facility in compliance
 with the provisions of this article shall be exempt as to that
 administration from the licensing requirements of chapter thirty
 of this code and the provisions pertaining to controlled
 substances contained in section one hundred one, article one,
 chapter sixty-a of this code.  All licensed health care
 professionals as defined in this article remain subject to the
 provisions of their respective licensing laws.
§16-5M-5.  Instruction and training.
(a) The department, in cooperation with appropriate
 agencies, advisory bodies and boards, shall develop and approve
 training curricula and competency evaluation procedures for those
 facility staff members who administer medication in facilities.
(b) A facility that implements a procedure under which its
 facility staff members may administer medications shall ensure
 that they have participated in an approved training program and
 successfully passed the approved competency evaluation.
(c) A registered nurse who is authorized to train facility
 staff members to administer medications in facilities shall:
(1) Possess a current active West Virginia license in good standing to practice as a registered nurse;
(2) Have practiced as a registered nurse for a minimum of
 two years in a capacity requiring knowledge of medications; and
(3) Be familiar with the nursing care needs of residents of
 facilities as described in this article.
(d) The curriculum of all programs for training facility
 staff to administer medication must comply with applicable rules
 and receive approval from the authorizing agency prior to
 implementation.
(e) Facility staff members must annually complete a
 specified update of medication-related training which must be
 arranged by a registered nurse.  This training may occur in the
 facility and  the facility must  maintain records  of the formal
 on-going hours of training.
§16-5M-6.  Eligibility requirements of facility staff.
(a) The facility shall name the individual facility staff
 members who may administer medications.  The facility may permit
 a facility staff member to administer medications in a single
 specific facility only after compliance with all of the
 following:
(1) The staff member has successfully completed a department approved training program and competency evaluation;
(2) The facility determines there is no statement on the
 state administered nurse aide registry indicating that the staff
 member has been the subject of a finding of abuse or neglect of
 a long-term care facility resident or the misappropriation of
 such a resident's property;
(3) The medication to be administered is received by the
 facility staff member in the container in which it was dispensed
 by a pharmacist or the prescribing health care professional; and
(4) The facility staff member complies with all applicable
 requirements established under this section, the rules adopted
 pursuant to this article and such other criteria, including
 minimum competency requirements, as are specified by the
 authorizing agency.
§16-5M-7.  Delegation and supervision of medication 
 administration.
(a) If medication administration is to be provided by
 facility staff members to facility residents receiving limited
 and intermittent nursing care, as defined in the authorizing
 agency's rules, or if such administration is to be provided to
 ICF/MR residents who have a medical care plan, the facility or ICF/MR must have a delegating nurse who delegates medication
 administration responsibilities to such staff members. 
 Delegation is not necessary for medication administration to
 those facility residents not meeting the above cited criteria for
 care.  A delegating nurse may delegate to any facility staff
 member specified by the facility as authorized to administer
 medications.  Delegation may occur only after all requirements
 established by this section and any rules have been met and after
 a delegating nurse has completed an assessment of the conditions
 at the facility that pertain to the delegation  including an
 assessment of:
(1) The residents who need medication and the types of
 nursing care they require as it relates to their need for
 medication;
(2) The amount and nature of any assessments of residents
 performed by other health care professionals; and
(3) The training and skills of the facility staff members
 who will receive the delegated authority to administer
 medications.
(b) The delegating nurse shall repeat the assessment of a
 resident if there is a change in the resident's health status:  Provided, That a repeat of an assessment is not required for
 those parts of the assessment that have been completed by the
 facility to comply with federal regulations that require
 comprehensive functional assessments or nursing health status
 reviews, if the nurse determines that the assessment information
 is current, valid and accurate.
(c) A delegating nurse may delegate to the facility staff
 members specified by the facility authority to administer
 medications only if all of the following is available to the
 nurse:
(1) The name of the resident to receive the medication;
(2) The name of the medication and the dosage to be
 administered;
(3) The time or intervals at which the medication is to be
 administered;
(4) The date the medication is to begin and cease;
(5) Any special instructions for handling or administering
 the medication, including instructions for maintaining sterile
 conditions and appropriate storage;
(6) Knowledge of the amount and extent of supervision
 necessary for the facility staff members administering medications;
(7) Knowledge that indication of any severe adverse
 reactions to the medication should be reported to the health care
 professional who prescribed the medication and knowledge of any
 other procedures that should be followed in an emergency; and
(8) One or more telephone numbers at which the health care
 professional who prescribed the medication can be reached in an
 emergency and the telephone number of another health care
 professional who should be contacted if the prescribing
 professional cannot be located.
(d) The information that is to be available to implement
 subsection (c) of this section must be received from one or more
 health care professionals acting within the scope of their
 professions, unless the information is provided by the facility
 from records it maintains to comply with federal regulations
 regarding standard drug regimen reviews and a delegating nurse
 determines that the information from the facility is current,
 valid and accurate.
(d) Facility staff members to whom a delegating nurse has
 delegated authority to administer medications shall perform that
 administration only pursuant to such nurse's direction and supervision.  The direction  and supervision  may be  provided
 on-site  or,  pursuant  to some  means of  telecommunication,
 off-site.  The nurse shall direct and supervise the facility
 staff members in accordance with standards established by this
 article.
§16-5M-8.  Withdrawal of delegation.
The delegating nurse may withdraw approval for a facility
 staff member to administer medication if the nurse determines
 that the facility staff member is not performing the delegated
 nursing task in accordance with the training and written
 instructions.  The withdrawal of delegation shall be documented. 
 The nurse shall notify the facility's management of the
 withdrawal of delegation, in accordance with the facility's
 policy.
§16-5M-9.  Fees.
The department shall set and collect fees for any training
 programs given and a fee for any competency evaluation
 administered under the provisions of this article, whether the
 department administers such training or evaluation, contracts for
 said training and evaluation or the training and evaluation is
 provided by a private provider or facility, so that the revenue generated from such fees will offset the costs incurred by the
 department in the performance of its duties under this article. 
 No person shall enroll in a training program or take the
 competency evaluation until such person applies and makes payment
 of the appropriate fees to the department.
§16-5M-10.  Limitations on medication administration.
The following limitations apply to the administration of
 medication by facility staff members:
(a) Injections or any parenteral medications may not be
 administered:  Provided, That insulin may be administered if the
 facility staff member administering the insulin injection has
 been trained in said administration and the insulin is prescribed
 in a stable dose with identified times for administration;
(b) Irrigations or debriding agents used in the treatment of
 a skin condition or minor abrasions shall not be administered;
(c) No verbal medication orders shall be accepted, no new
 medication orders shall be transcribed and no drug dosages shall
 be converted; and
(d) No medications ordered by the physician to be given "as
 needed" shall be administered unless the order is written with
 specific parameters which preclude independent judgment.
§16-5M-11.  Rules.
The department shall adopt such rules as may be necessary to
 implement this article; said rules are to be submitted on an
 emergency basis.  The rules shall be adopted in accordance with
 the provisions of chapter twenty-nine-a of this code.
NOTE:  The purpose of this bill is to permit the restricted
 administration of medications by unlicensed personnel in
 intermediate care facilities for the mentally retarded, personal
 care homes, residential board and care homes and behavioral
 health group homes.
This article is new; therefore, strike-throughs and
 underscoring have been omitted.