ENROLLED

H. B. 4641

(By Delegates Michael, Leach, Long, Kominar,

Foster, Beane and Perdue)



[Passed March 13, 2004; in effect ninety days from passage.]
AN ACT to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-7C-1, §30-7C-2, §30-7C-3, §30-7C-4, §30-7C-5 and §30-7C-6, all relating to the delegation of dialysis care; authorizing delegation under certain circumstances; providing for training and testing standards; providing for approval or disapproval of training programs and testing organizations; providing for exceptions to training and testing requirements; authorizing rulemaking and emergency rulemaking; requiring facilities to provide information to the board; and providing for the expiration of authority in absence of sunrise application.

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 §30-7C-1, §30-7C-2, §30-7C-3, §30-7C-4, §30-7C-5 and §30-7C-6, all to read as follows:
ARTICLE 7C. DELEGATION OF DIALYSIS CARE.
§30-7C-1. Definitions.
As used in this article:
(1) "Approved dialysis technician training program" means any board approved program used to train dialysis technicians including, but not limited to, a board approved dialysis facility-sponsored training program or another state approved program.
(2) "Board" means the West Virginia board of examiners for registered professional nurses.
(3) "Dialysis care" means performing and monitoring dialysis procedures which includes initiating and discontinuing dialysis, drawing blood, and administering the following medications: (A) Heparin either to prime the pump, initiate treatment or for administration throughout the treatment, in an amount prescribed by a physician or other practitioner duly authorized to so prescribe. This may be done either intravenously, peripherally via a fistula needle or in another clinically acceptable manner;
(B) Normal saline via the dialysis extracorporeal circuit as needed throughout the dialysis procedure; and
(C) Intradermal anesthetic in an amount prescribed by a physician or other practitioner duly authorized to so prescribe.
(4) "Direct supervision" means initial and ongoing direction, procedural guidance, observation, and evaluation, and the on-site presence of a registered nurse or physician.
(5) "West Virginia dialysis technician or dialysis technician" means an individual who has successfully completed an approved dialysis technician training program and who has achieved national certification as a dialysis technician, or an individual who meets the requirements set forth in the board's rule pertaining to dialysis technicians practicing prior to the first day of July, two thousand four.
§30-7C-2. Authority to delegate care.
(a) A person licensed as a registered professional nurse under the provisions of article seven of this chapter may delegate dialysis care to a dialysis technician if:
(1) The dialysis technician has completed the requirements set forth in this article and established by the board by rule;
(2) The registered professional nurse considers the dialysis technician to be competent; and
 (3) The dialysis technician provides the care under the direct supervision of the registered professional nurse.
(b) A person licensed as a registered professional nurse under the provisions of article seven of this chapter may not delegate dialysis care to a person who is listed on the nurse aide abuse registry with a substantiated finding of abuse, neglect or misappropriation of property.
§30-7C-3. Training and testing standards; approval.
(1) The board shall prescribe standards for an approved dialysis technician training program, and prescribe testing standards and requirements, by legislative rule.
(2) Persons and organizations providing training programs and testing services must be approved by the board.
(3) Approval may be denied or withdrawn for failure to meet the standards set out in code or rule, or failure to meet the requirements of section five of this article.
§30-7C-4. Rulemaking authority.
(a) The board shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty- nine-a of the code to:
(1) Prescribe standards for training programs;
(2) Prescribe testing standards and requirements;
(3) Prescribe requirements for persons and organizations providing training programs and testing services;
(4) Assess fees for the approval of training programs, tests and providers of training programs and testing services;
(5) Prescribe standards for individuals who are practicing as dialysis technicians prior to the first day of July, two thousand four, in the transition of meeting the requirements of this article; and
(6) Provide for any other requirements to carry out the purposes of this article.
(b) The board may promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code for the purposes set forth in subsection (a) of this section.
§30-7C-5. Facilities to determine qualifications and provide information to board.

(a) Facilities which provide dialysis care through the employment of dialysis technicians shall determine that the dialysis technicians in their employment have met the standards and requirements of this article and the legislative rules promulgated pursuant to this article, including determining whether any dialysis technician is listed on the nurse aide abuse registry with a substantiated finding of abuse, neglect or misappropriation of property.
(b) On or before the first day of July of each year, every facility in the state of West Virginia which provides dialysis care through the employment of dialysis technicians shall provide a list to the board of the names and addresses of all dialysis technicians employed at the facility.
§30-7C-6. Authority contingent upon submission of application to regulate dialysis technicians.

The authority to delegate the performance of dialysis care pursuant to the provisions of this article shall cease on the first day of August, two thousand five, unless an application to regulate dialysis technicians is submitted by the first day of December, two thousand four , in accordance with the provisions of article one-a of this chapter on or before that date.