For purposes of this article, the following words and phrases have the following meanings:

Terms Used In West Virginia Code 16-39-3

  • Commissioner: means the commissioner of the bureau, who may be designated as the state health officer. See West Virginia Code 16-1-2
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10

“Appropriate authority” means a federal, state, county, or municipal government body, agency or organization having jurisdiction over criminal law enforcement, regulatory violations, professional conduct or ethics, or waste or any member, officer, agent, representative, or supervisory employee thereof;

“Clergy” means an ordained clergy, such as a rabbi, priest, Islamic cleric, associate pastor, licensed minister, or lay minister serving under the direction of the congregation such as the Roman Catholic Eucharistic ministers;

“Commissioner” means the commissioner of the division of health;

“Direct patient care” means health care that provides for the physical, diagnostic, emotional, or rehabilitational needs of a patient or health care that involves examination, treatment, or preparation for diagnostic tests or procedures.

“Discrimination or retaliation” includes any threat, intimidation, discharge, or any adverse change in a health care worker’s position, location, compensation, benefits, privileges, or terms or conditions of employment that occurs as a result of a health care worker engaging in any action protected by this article.

“Good faith report” means a report of conduct defined in this article as wrongdoing or waste that is made without malice or consideration of personal benefit and which the person making the report has reasonable cause to believe is true.

“Health care entity” includes a health care facility, such as a hospital, clinic, nursing facility, or other provider of health care services.

“Health care facility” means:

(1) A hospital licensed pursuant to § 16-5B-1 et seq. of this code;

(2) A nursing home licensed pursuant to § 16-5C-1 et seq. of this code;

(3) An assisted living residence licensed pursuant to § 16-5D-1 et seq. of this code; and

(4) Hospice licensed pursuant to § 16-5I-1 et seq. of this code.

“Health care worker” means a person who provides direct patient care to patients of a health care entity and who is an employee of the health care entity, a subcontractor, or independent contractor for the health care entity, or an employee of the subcontractor or independent contractor. The term includes, but is not limited to, a nurse, nurse’s aide, laboratory technician, physician, intern, resident, physician assistant, physical therapist, or any other person who provides direct patient care.

“Patient” means a person living or receiving services as an inpatient at a healthcare facility.

“Public Health State of Emergency” means a federal or state declaration of a state of emergency arising from or relating to a public health crisis.

“Visitor” means any visitor from the patient’s family, or hospice visiting a patient in a healthcare facility.

“Waste” means the conduct, act, or omission by a health care entity that results in substantial abuse, misuse, destruction, or loss of funds, resources, or property belonging to a patient, a health care entity, or any federal or state program.

“Wrongdoing” means a violation of any law, rule, regulation, or generally recognized professional or clinical standard that relates to care, services, or conditions and which potentially endangers one or more patients or workers or the public.