WEST virginia Legislature
2018 regular session
Introduced
House Bill 4023
By Delegates Summers, Ellington, Householder, Rohrbach, Hollen, Dean and Butler
[Introduced January 11, 2018;
Referred
to the Committee on Health and Human Resources then Government Organization]
A BILL to amend and reenact §30-7C-3 and §30-7C-9 of the Code of West Virginia, 1931, as amended, all relating to the regulation of dialysis technicians.
Be it enacted by the Legislature of West Virginia:
ARTICLE 7C. DIALYSIS TECHNICIANS.
§30-7C-3. Qualifications; exceptions; application form and fees.
(a) In order To be
certified by the board as a dialysis technician, an individual must shall
demonstrate that he or she:
(1) Is of good moral character;
(2) Has acquired at least a high school diploma, general equivalency diploma or equivalent;
(3) Has successfully completed an approved dialysis technician training program;
(4) Has achieved national certification as a dialysis technician; and
(5) Has met such other qualifications required by the board by legislative rule.
(b) On or before July 1,
2005, an individual who is currently working as a dialysis technician in a
dialysis facility, and whose administrative registered professional nurse in
charge acknowledges that he or she is competent to perform the delegated duties
and practices in accordance with the laws regulating the provision of dialysis
care, the rules of the board and any other applicable federal and state laws
and rules, will be considered as having met the requirements of subdivisions
(3) and (4), subsection (a) of this section for the purposes of being certified
by the board as a dialysis technician.
(c) On or before July 1,
2006, an individual who has successfully completed an approved dialysis
technician training program and who was working on or before July 1, 2005, as a
dialysis technician trainee in a dialysis facility, and whose administrative
registered professional nurse in charge acknowledges that he or she is
competent to perform the delegated duties and practices in accordance with the
laws regulating the provision of dialysis care, the rules of the board and any
other applicable federal and state laws and rules, will be considered as having
met the requirements of subdivision (4), subsection (a) of this section for the
purposes of being certified by the board as a dialysis technician
(d) (b) An applicant for certification must
shall file with the board an application in the form and manner as
established by the board demonstrating that he or she has met the
qualifications set forth in subsection (a) of this section, and pay an
application fee as established by legislative rule.
(e) (c) (1) The board may, upon receipt of a
completed application and fee in accordance with legislative rule, issue a
temporary permit to practice as a dialysis technician to any applicant who has
completed a board approved dialysis technician training program.
(2) A temporary permit is not renewable, and is
effective from the date of issuance until three days following after
the receipt by the applicant and the board of the results of the first
written certification examination, unless the board revokes the temporary
permit prior to its expiration.
(f) The Board may, upon
receipt of a completed application and fee in accordance with legislative rule,
issue a temporary endorsement to practice as a dialysis technician to an
applicant who has been certified as a dialysis technician under the laws of
another state, territory or foreign country and who meets the qualifications of
the board. A temporary endorsement is not renewable and is effective for ninety
days unless the board revokes the endorsement prior to its expiration
(3) A temporary permit may be renewed one time for an additional eighteen months from the renewal date unless the board revokes the temporary permit prior to its expiration, under the following circumstances:
(A) The national certification has lapsed, and
(B) A dialysis technician is required to work to qualify for recertification.
§30-7C-9. Dialysis technician advisory council.
(a) There is created,
under The board the may appoint a dialysis technician
advisory council, which shall to advise the board regarding
qualifications, standards for training, competency determination of dialysis
technicians and all other matters related to dialysis technicians. The board
may reimburse a member as provided in §30-1-1 et seq. of this code.
(b) The council shall be
appointed by the board and consists of:
(1) One member of the
board, who serves as chair of the council;
(2) Two dialysis
technicians;
(3) Two nurses who
regularly perform dialysis and care for patients who receive dialysis; and
(4) One physician who
regularly treats patients receiving dialysis care.
(c) The Board may
solicit nominations for the council from interested parties or organizations.
(d) The Board shall
specify the terms for the council members. Members serve at the discretion of
the board and shall receive reimbursement for their actual and necessary
expenses incurred in the performance of their official duties
NOTE: The purpose of this bill is to update the regulation of dialysis technicians.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.