WEST virginia legislature
2019 regular session
House Bill 2630
By Delegates Westfall, Criss, Atkinson, Dean, Summers and Hanna
[Introduced January 24, 2019; Referred
to the Committee on Education then Finance.]
A BILL to amend and reenact §18-5-22 of the Code of West Virginia, 1931, as amended, relating to requiring each county school board to employ at least one full time school nurse for each public school.
Be it enacted by the Legislature of West Virginia:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-22. Medical and dental inspection; school nurses; specialized health procedures; establishment of council of school nurses.
(a) County boards shall provide proper medical and dental inspections for all pupils attending the schools of their county and have the authority to take any other action necessary to protect the pupils from infectious diseases, including the authority to require from all school personnel employed in their county, certificates of good health and of physical fitness.
(b) Each county
board shall employ full time at least one school nurse for each public
for every one thousand five hundred kindergarten through seventh
grade pupils in net enrollment or major fraction thereof: Provided, That
each county shall employ full time at least one school nurse: Provided,
however, That a county board may contract with a public health department
for services considered equivalent to those required by this section in
accordance with a plan to be approved by the state board: Provided further
Provided, That the state board shall promulgate rules requiring the
employment of school nurses in excess of the number required by this section to
ensure adequate provision of services to severely handicapped pupils. An
appropriation may be made to the state department to be distributed to county
boards to support school health service needs that exceed the capacity of staff
as mandated in this section. Each county board shall apply to the State Superintendent
for receipt of this funding in a manner set forth by the state superintendent
that assesses and takes into account varying acuity levels of students with
specialized health care needs.
(c) Any person employed as a school nurse must be a registered professional nurse properly licensed by the West Virginia Board of Examiners for Registered Professional Nurses in accordance with §30-7-1 et seq of this code.
(d) Specialized health procedures that require the skill, knowledge and judgment of a licensed health professional may be performed only by school nurses, other licensed school health care providers as provided in this section, or school employees who have been trained and retrained every two years who are subject to the supervision and approval by school nurses. After assessing the health status of the individual student, a school nurse, in collaboration with the student's physician, parents and, in some instances, an individualized education program team, may delegate certain health care procedures to a school employee who shall be trained pursuant to this section, considered competent, have consultation with, and be monitored or supervised by the school nurse: Provided, That nothing in this section prohibits any school employee from providing specialized health procedures or any other prudent action to aid any person who is in acute physical distress or requires emergency assistance. For the purposes of this section "specialized health procedures" means, but is not limited to, catheterization, suctioning of tracheostomy, naso-gastric tube feeding or gastrostomy tube feeding. “School employee” means “teachers” as defined in §18-1-1 of this code and “aides” as defined in §18A-4-8 of this code. Commencing with the school year beginning on July 1, 2002, “school employee” also means “secretary I”, “secretary II” and “secretary III” as defined in §18A-4-8 of this code: Provided, however, That a “secretary I”, “secretary II” and “secretary II” shall be limited to the dispensing of medications.
(e) Any school service employee who elects, or is required by this section, to undergo training or retraining to provide, in the manner specified in this section, the specialized health care procedures for those students for which the selection has been approved by both the principal and the county board shall receive additional pay of at least one pay grade higher than the highest pay grade for which the employee is paid: Provided, That any training required in this section may be considered in lieu of required in-service training of the school employee and a school employee may not be required to elect to undergo the training or retraining: Provided, however, That commencing with July 1, 1989, any newly employed school employee in the field of special education is required to undergo the training and retraining as provided in this section: Provided further, That if an employee who holds a class title of an aide is employed in a school and the aide has received the training, pursuant to this section, then an employee in the field of special education is not required to perform the specialized health care procedures.
school nurse, as designated and defined by this section, shall perform a needs
assessment. These nurses shall meet on the basis of the area served by their
regional educational service agency, prepare recommendations and elect a
representative to serve on the council of school nurses established under this
(g) There shall be a council of school nurses which shall be convened by the State Board of Education. This council shall prepare a procedural manual and shall provide recommendations regarding a training course to the Commissioner of the Bureau for Public Health who shall consult with the State Department of Education. The state board then has the authority to promulgate a rule in accordance with the provisions of §29A-3B-1 et seq of this code to implement the training and to create standards used by those school nurses and school employees performing specialized health procedures. The council shall meet every two years to review the certification and training program regarding school employees.
(h) The State Board of Education shall work in conjunction with county boards to provide training and retraining every two years as recommended by the Council of School Nurses and implemented by the rule promulgated by the state board.
NOTE: The purpose of this bill is to require county boards to employ at least one full time nurse for each public school.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.