(a) Notwithstanding section two of this article, the following shall apply:

Terms Used In West Virginia Code 16-1C-3

  • Direct patient care: means health care that provides for the physical, diagnostic, emotional or rehabilitation needs of a patient or health care that involves examination, treatment or preparation for diagnostic tests or procedures. See West Virginia Code 16-1C-1
  • Employee: means an employee or contractor of a health care provider or a person who is granted privileges by a health care provider who delivers direct patient care. See West Virginia Code 16-1C-1
  • Secretary: means the Secretary of the West Virginia Department of Health and Human Resources. See West Virginia Code 16-1C-1

(1) An employee shall not be required to wear an identification badge while delivering direct patient care if it is not clinically feasible.

(2) The last name of the employee may be omitted or concealed from an identification badge when delivering direct patient care if the employee is concerned for his or her safety.

(b) An employee may petition the secretary for an exemption from the requirements of this article for reasons that are not set forth in this section.

(c) An employee providing direct patient care in a behavioral health care setting may not be required to wear an identification badge.