Senate Bill No. 400
(By Senators Foster and Chafin)
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[Introduced January 29, 2010; referred to the Committee on Health
and Human Resources; and then to the Committee on the Judiciary.]
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A BILL to amend and reenact §30-7-12 of the Code of West Virginia,
1931, as amended; and to amend and reenact §30-7A-9 of said
code, all relating to exempting care of the sick from nursing
licensing provisions when the nonmedical care is provided in
connection with the practice of the religious tenets of any
church or religious organization and is by or for its members.
Be it enacted by the Legislature of West Virginia:
That §30-7-12 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §30-7A-9 of said code be amended
and reenacted, all to read as follows:
ARTICLE 7. REGISTERED PROFESSIONAL NURSES.
§30-7-12. Exceptions.
This article shall not be construed to prohibit:
(a) The furnishing of nursing assistance in an emergency; or
(b) The practice of nursing incidental to a program of study by students enrolled in a nursing education program accredited by
the board;
or
(c) The practice of any legally qualified nurse of another
state who is employed by the United States or any bureau, division
or agency thereof, while in the discharge of his or her official
duties;
or
(d) The care of the sick when done in connection with the
practice of religious tenets of any church or religious
organization and by or for its adherents. However, that care must
be at the request of the recipient and be delivered in the
requestor's home or in a religious nonmedical health care
institution as defined in 42 U.S.C. §1395x(ss)(1), and that care
may only include religious nonmedical health care services.
ARTICLE 7A. PRACTICAL NURSES.
§30-7A-9. Construction of article; acts not prohibited.
The provisions of this article shall not be construed as
prohibiting:
(1) The care of a sick, disabled, injured, crippled or infirm
person by a member or members of such person's family, or by close
relatives, or by domestic servants, housekeepers or household aides
thereof, whether employed regularly or because of emergency
circumstances due to illness or other disabilities.
(2) The work and services of auxiliary hospital personnel,
such as nursing aides, maids, orderlies, technicians, volunteer
workers and other like hospital employees.
(3) Practical nursing by students enrolled in accredited
schools for practical nursing incidental to their course of study.
(4) Practice of nursing in this state by any legally qualified
practical nurse of another state or country for a period not to
exceed six months or whose engagement requires such practical nurse
to accompany and care for a patient temporarily residing in this
state during the period of such engagement.
(5) Nursing services rendered by a graduate of an approved
school of practical nursing working under qualified supervision
during the period between completion of his or her course of
nursing education and notification of the results of the first
licensing examination following graduation. In cases of hardship
and upon petition to the board, the board may grant an extension of
such period to such graduate.
(6) The care of the sick when done in connection with the
practice of religious tenets of any church or religious
organization and by or for its adherents. However, that care must
be at the request of the recipient and be delivered in the
requestor's home or in a religious nonmedical health care
institution as defined in 42 U.S.C. §1395x(ss)(1), and that care
may only include religious nonmedical health care services.
NOTE: The purpose of this bill is to exempt from the nursing
licensing provisions the nonmedical care of the sick when done in
connection with the practice of religious tenets of any church or
religious organization and by or for its members.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added
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