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Committee Substitute House Bill 2895 History

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COMMITTEE SUBSTITUTE

FOR

H. B. 2895


(By Mr. Speaker, Mr. Kiss, and Delegates Perdue,

Staton, Beane, Amores, Brown and Ashley)


(Originating in the Committee on Government Organization)

[February 27, 2003]


A BILL to amend and reenact section three, article five-r, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, and to further amend said article by adding thereto a new section, designated section six, all relating to requiring training in the subject of dementia; defining direct patient care; requiring nursing homes and other facilities to require training of nurses and nurses aides; and providing that training requirements may be part of training or education otherwise required by law.

Be it enacted by the Legislature of West Virginia:
That section three, article five-r, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and to further amend said article by adding thereto a new section, designated section six,
all to read as follows:
ARTICLE 5R. THE ALZHEIMER'S SPECIAL CARE STANDARDS ACT.

§16-5R-3. Definition of alzheimer's special care unit/program.
For the purposes of this article, the following definitions apply:
(a) "Alzheimer's disease" means a diagnosis of presenile dementia or senile dementia-Alzheimer type (SDAT), characterized by confusion, memory failure, disorientation, restlessness, agnosia, speech disturbances, inability to carry out purposeful movements and hallucinosis.
(b) "Alzheimer's Special Care Unit or Program," means any facility that secures, segregates or provides a special program or special unit for residents with a diagnosis of probable alzheimer's disease or a related disorder and that advertises, markets or otherwise promotes the facility as providing specialized alzheimer's or dementia care services.
(c) "Department" means the department of health and human resources.
(d) "Direct patient care" means health care that provides for the physical, diagnostic, emotional or rehabilitational needs of a patient or health care that involves examination, treatment or preparation for diagnostic tests or procedures.
(d) (e) "Facility" means any nursing home or facility, residential board and care home, personal care home, assisted living facility, adult congregate living facility, home health agency, adult day care center, hospice or adult foster home situate or operating in this state.
(e) (f) "Resident" means an individual living in a facility that offers an alzheimer's special care unit or program.
(f) (g) "Secretary" means the secretary of the department of health and human resources.
§16-5R-6. Education and training for direct care staff.
(a) Effective the first day of July, two thousand three, every nursing home or facility, residential board and care home, personal care home or assisted living facility licensed in this state shall require all registered professional nurses,
advanced nurse practitioners, licensed practical nurses and nurse aides who provide direct patient care or who have daily contact with persons with dementia to complete four hours of training in the subject of dementia, two hours of which shall be related to Alzheimer's disease. The training requirements of this section may be part of the total hours of training or continuing education otherwise required by law.




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