West Virginia Code 16-5O-6 – Availability of records; eligibility requirements of facility staff
(a) Any facility which authorizes unlicensed staff members to administer medications or perform health maintenance tasks shall make available to the authorizing agency a list of the individual facility staff members authorized to administer medications or perform health maintenance tasks.
Terms Used In West Virginia Code 16-5O-6
- Authorizing agency: means the Office of Health Facility Licensure and Certification
(f) "Delegation" means transferring to a competent individual, as determined by the authorized registered professional nurse, the authority to perform a selected task in a selected situation. See West Virginia Code 16-5O-2
- Facility: means an intermediate care facility for individuals with an intellectual disability, assisted living, behavioral health group home, private residence in which health care services and health maintenance tasks are provided under the supervision of a registered professional nurse as defined in article seven, chapter . See West Virginia Code 16-5O-2
- Facility staff member: means an individual employed by a facility but does not include a health care professional acting within his or her scope of practice. See West Virginia Code 16-5O-2
- Health maintenance tasks: means performing the following tasks according to the legibly written or printed directions of a health care professional or as written on the prescription label, and making a written record of that assistance with regard to each health maintenance task administered, including the time, route and amount taken:
(1) Administering glucometer tests. See West Virginia Code 16-5O-2
- Medication: means a drug, as defined in section one hundred one, article one, chapter . See West Virginia Code 16-5O-2
- Resident: means a resident of a facility who for purposes of this article, is in a stable condition. See West Virginia Code 16-5O-2
- 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
(b) Any facility may permit a facility staff member to administer medications or perform health maintenance tasks in a single specific agency only after compliance with all of the following:
(1) The staff member has successfully completed a training program and received a satisfactory competency evaluation as required by this article;
(2) The facility determines there is no statement on the state administered nurse aide registry indicating that the staff member has been the subject of finding of abuse or neglect of a long-term care facility resident or convicted of the misappropriation of a resident's property;
(3) The facility staff member has had a criminal background check or if applicable, a check of the State Police Abuse Registry, establishing that the individual has not been convicted of crimes against persons or drug related crimes;
(4) The medication to be administered is received and maintained by the facility staff member in the original container in which it was dispensed by a pharmacist or the physician; and
(5) The facility staff member has complied with all other applicable requirements of this article, the legislative rules adopted pursuant to this article and other criteria, including minimum competency requirements, as are specified by the authorizing agency.