ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2111
(
By Delegates Beane and Michael
)
[Passed April 9, 2005; in effect ninety day from passage]
AN ACT to amend and reenact §16-4C-14 of the Code of West Virginia,
1931, as amended, relating to allowing paramedics the right to
practice in a hospital emergency rule setting; and authorizing
the promulgation of legislative and emergency rules.
Be it enacted by the Legislature of West Virginia:
That §16-4C-14 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 4C. EMERGENCY MEDICAL SERVICES ACT.
§16-4C-14. Services that may be performed by emergency medical
service personnel.
Notwithstanding any other provision of law, emergency medical
service personnel may provide the services as determined by the
commissioner by legislative rule pursuant to the provisions of
article three, chapter twenty-nine-a of this code. Legislative
rules governing provision of these services in a hospital emergency room setting shall be developed by the commissioner and shall
include provisions allowing paramedics to function under the direct
supervision of a registered professional nurse in a hospital
emergency room setting. Provision of these services in an emergency
room hospital setting shall not be initiated until a legislative
rule establishing training requirements, standards and requirements
for these functions is in effect. The Legislature therefore directs
the commissioner to propose this legislative rule on or before the
first day of July, two thousand six. Further, the Commissioner
may
promulgate this rule as an emergency rule pursuant to the
provisions of section fifteen, article three, chapter twenty-nine-a
of this code. Any rule so promulgated shall provide that
paramedics
are under the jurisdiction of the commissioner. The West Virginia
Board of Registered Professional Nurses may propose legislative
rules, pursuant to article three, chapter twenty-nine-a of the code
relating to the scope of practice for nurses as those practices
relates to overseeing these
paramedics. The provisions of this
section and any rules promulgated thereunder may not be construed
to alter in any manner the duties, role or responsibilities of
attending physicians regarding the providing and oversight of
patient care.