H. B. 4612
(By Delegates Hatfield, Fleischauer and Caputo)
[Introduced
February 25, 2004
; referred to the
Committee on Government Organization then Finance.]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §30-7B-1, §30-7B-2,
§30-7B-3, §30-7B-4, §30-7B-5, §30-7B-6, §30-7B-7, §30-7B-8,
§30-7B-9,
§30-7B-10, §30-7B-11 and §30-7B-12,
all relating to
establishing a credentialing program for dialysis technicians
by the board of registered professional nurses; and providing
criminal penalties for violations.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated
§30-7B-1, §30-7B-2,
§30-7B-3, §30-7B-4, §30-7B-5, §30-7B-6, §30-7B-7, §30-7B-8,
§30-7B-9,
§30-7B-10, §30-7B-11 and §30-7B-12,
all to read as
follows:
ARTICLE 7B. DIALYSIS TECHNICIANS.
§30-7B-1. Definitions.
As used in this article:
(1) "Approved dialysis technician training program" means any
program used to train dialysis technicians including, but not
limited to, a board approved dialysis facility-sponsored training
program or another state approved program. These programs require
board approval.
(2) "Board" means the West Virginia board of examiners for
registered professional nurses.
(3) "Dialysis care" means performing and monitoring dialysis
procedures which includes initiating and discontinuing dialysis,
drawing blood, and administering medications authorized under
section seven of this article.
(4) "Dialysis technician trainee" means an individual enrolled
in an approved dialysis technician program.
(5) "Direct supervision" means initial and ongoing direction,
procedural guidance, observation, and evaluation, and the on site
presence of a registered nurse or physician.
(6) "Facility" means any entity that is certified to provide
dialysis services.
(7) "West Virginia dialysis technician or dialysis technician"
means an individual who has successfully completed an approved
dialysis technician training program and who has achieved national
certification as a dialysis technician, or an individual who meets
the requirements set forth in the board's rule pertaining to dialysis technicians practicing prior to the first day of July, two
thousand four.
§30-7B-2. Powers and duties of board generally; funds.
(a) The board is authorized and empowered to:
(1) Adopt and, from time to time, amend rules not inconsistent
with this article, necessary to enable it to carry into effect the
provisions of this article, including disciplinary rules;
(2) Prescribe standards for preparing persons for the role of
dialysis technician under this article;
(3) Provide for standards for an approved dialysis technician
training program;
(4) Accredit educational programs for the preparation of
dialysis technicians that meet the requirements of this article;
(5) Provide surveys of educational programs when the board
considers it necessary;
(6) Approve, reapprove and prescribe standards for testing
organizations and the tests offered by organizations for dialysis
technicians;
(7) Deny or withdraw approval of testing organizations;
(8) Prescribe standards for "grandfathering in" dialysis
technicians practicing prior to the effective day of this article;
(9) Prescribe standards for dialysis technician trainees;
(10) Deny or withdraw accreditation of approved dialysis
technician training programs for failure to meet or maintain prescribed standards required by this article and by the board;
(11) Conduct hearings upon charges calling for discipline of
a dialysis technician;
(12) Keep a record of all proceedings of the board; and
(13) Further regulate, as necessary, dialysis technicians.
(b) All fees and other moneys collected by the board pursuant
to the provisions of this article shall be kept in a separate
special fund called the dialysis technician fund to be established
for the board in the state treasury and shall be used for the
administration of this article. No part of this special fund
reverts to the general fund of this state. The costs and all
expenses incurred under this article are to be paid from this
special fund. No compensation or expense incurred under this
article is a charge against the general fund of this state.
§30-7B-3. Use of title "West Virginia dialysis technician" or
"dialysis technician"; who may practice.
Any person who is qualified to serve as a dialysis technician
under the provisions of this article shal1 be known as a West
Virginia dialysis technician or dialysis technician and may use the
initials "D.T." after their name. After the thirtieth day of June,
two thousand four, no other person may assume the titles, use the
abbreviation or any other words, letters, figures, signs or devices
to indicate that the person using the same is a dialysis
technician.
§30-7B-4. Qualifications of applicants; dialysis technician
trainee.
(a) Any person desiring to become a dialysis technician 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; and
(4) Has met such other qualifications required by the board in
rules.
(b) An individual shall use the title dialysis technician
trainee while enrolled in an approved dialysis technician training
program. A dialysis technician trainee shall adhere to the
standards for dialysis technicians and is subject to disciplinary
action by the board as provided in the board?s rules.
§30-7B-5. Application for credential; fee.
An individual who wishes to be credentialed as a dialysis
technician in order to engage in dialysis care shall have:
(1) Filed with the board an application in the form and manner
established by the board;
(2) Met the requirements for and have documentation of
successful completion of an approved dialysis technician training
program;
(3) Met any requirements set out in board regulations; and
(4) Paid an application fee, as established in legislative
rules.
§30-7B-6. Approved dialysis technician program.
An approved dialysis technician program used to train dialysis
technicians shall include, but not be limited to, certified
dialysis facility-sponsored training programs or another state
approved dialysis training program, if the approval was granted by
another state regulatory agency acceptable to the board. The board
shall adopt regulations that set forth requirements of an approved
program.
§30-7B-7. Authorized activities.
A dialysis technician is authorized to perform the following,
under the direct supervision of a registered nurse or a licensed
physician:
(1) Preparation and initiation based on dialysis access sites;
(2) Initiating, delivering or discontinuing dialysis care; and
(3) Administration of the following medications only:
(A) Heparin either to prime the pump, initiate treatment, or
for administration throughout the treatment, in an amount
prescribed by a physician or other practitioner duly authorized to
so prescribe. This may be done either intravenously, peripherally
via a fistula needle or in another clinically acceptable manner;
(B) Normal saline via the dialysis extracorporeal circuit as needed throughout the dialysis procedure; and
(C) Intradermal anesthetic in an amount prescribed by a
physician or other practitioner duly authorized to so prescribe;
(4) Obtaining a blood specimen via the dialysis extracorporeal
circuit or a peripheral access site;
(5) Report changes that arise in conjunction with dialysis
care to the registered nurse or physician; and
(6) Other acts as delegated by the registered nurse or
physician in order to provide dialysis care.
§30-7B-8. Disciplinary proceeding; grounds for discipline of a
dialysis technician.
(a) The board has the right, in accordance with rules
promulgated under the provisions of article three, chapter
twenty-nine-a of this code to refuse to approve a dialysis
technician.
(b) The board has the power to deny, revoke or suspend the
credential to practice as a dialysis technician in accordance with
the provisions of this article, or to otherwise discipline them
upon proof that he or she:
(1) Is or was guilty of fraud or deceit in procuring or
attempting to procure approval to be a dialysis technician;
(2) Has been convicted of a felony;
(3) Is unfit or incompetent by reason of negligence, habits or
other causes;
(4) Is habitually intemperate or is addicted to the use of
alcohol or habit-forming drugs;
(5) Is mentally incompetent;
(6) Is practicing or attempting to practice as a dialysis
technician without board approval; or
(7) Has willfully or repeatedly violated any of the provisions
of this article.
(c) After following procedures to be determined by the board
in rules, the discipline may include any of the following:
(1) Summary suspension of the right to practice or reprimand
of the dialysis technician;
(2) Probation of the dialysis technician for a specified
period of time, with or without limitations and conditions;
(3) Suspension of the dialysis technician for a specified
period of time; or
(4) Permanent revocation of dialysis technician privileges.
(d) The board may establish a committee that has the authority
to resolve disciplinary matters through a formal consent agreement
with a licensee, permitting the licensee to voluntarily agree to
disciplinary action in lieu of a formal evidentiary hearing.
§30-7B-9. Prohibited acts; penalties.
(a) No person, firm, corporation, facility or association of
persons may:
(1) Sell or fraudulently obtain or furnish any national dialysis technician certification credential or documentation of
successful completion of a dialysis technician training program or
aid or abet therein;
(2) Act as a dialysis technician unless duly authorized to do
so under the provisions of this article;
(3) Use in connection with his or her name any designation
tending to imply that he or she is a dialysis technician unless
duly authorized under the provisions of this article; or
(4) Otherwise violate any provision of this article.
(b) A person violating a provision of subsection (a) of this
section is guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than five hundred nor more than one
thousand dollars.
(c) It is unlawful for any person to practice as a dialysis
technician who is listed on the nurse aide abuse registry with a
substantiated finding of abuse, neglect or misappropriation of
property.
§30-7B-10. Dialysis technician advisory council.
(a) There is created, under the board, the dialysis technician
advisory council, which shall advise the board regarding
qualifications, standards for training, competency determination of
dialysis technicians and all other matters related to dialysis
technicians.
(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; and
(3) Two nurses who regularly perform dialysis and care for
patients who receive dialysis.
(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.
§30-7B-11. Judicial review; appeal to supreme court of appeals.
(a) Any person adversely affected by a decision of the board
rendered after a hearing held in accordance with the provisions of
this article is entitled to a judicial review of the decision. All
of the pertinent provisions of section four, article five, chapter
twenty-nine-a of this code apply to and govern the judicial review
with like effect as if the provisions of section four of this
article were set forth in this section.
(b) The judgment of the circuit court is final unless
reversed, vacated or modified on appeal to the supreme court of
appeals in accordance with the provisions of section one, article
six, chapter twenty-nine of this code.
§30-7B-12. Injunction or other relief against unlawful acts.
The practice of dialysis technician by any person who has not
met the requirements of this article is declared to be inimical to
the public health and welfare and to be a public nuisance.
Whenever, in the judgment of the board, any person has engaged in,
is engaging in, or is about to engage in, the practice of dialysis
technician without holding a valid credential under this article,
or has engaged, is engaging or is about to engage in any act which
constitutes, or will constitute, a violation of this article, the
board may make application to the appropriate court having equity
jurisdiction for an order enjoining the practices or acts, and upon
a showing that the person has engaged, is engaging or is about to
engage, in any such practices or acts, an injunction, restraining
order, or other order as the court considers appropriate shall be
entered by the court. The remedy provided in this section is in
addition to, and not in lieu of, all other penalties and remedies
provided in this article.
NOTE: The purpose of this bill is to
establish a credentialing
program for dialysis technicians by the board of registered
professional nurses.
This article is new; therefore, strike-throughs and
underscoring have been omitted.
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