§16-5O-1. Short Title
This article may be cited as the "Ken Ervin Community Living Act."
§16-5O-10. Limitations on Medication Administration or Performance of Health Maintenance Tasks
The following limitations apply to the administration of medication or performance of health maintenance tasks by facility staff members: (a) Injections or any parenteral medications may not be administered, except that prefilled insulin or insulin pens may be administered; (b) Irrigations or debriding agents used in the treatment of a skin condition or minor abrasions […]
§16-5O-11. Rules
The department shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code as may be necessary to implement the provision of this article.
§16-5O-12. Advisory Committee
(a) There is continued an advisory committee to assist with the development of polices and procedures regarding health maintenance care in order to safeguard the well-being and to preserve the dignity of persons who need assistance to live in their communities and avoid institutionalization. (b) (1) The advisory committee shall consist of eleven voting members […]
§16-5O-2. Definitions
As used in this article the following definitions apply: (a) "Administration of medication" means: (1) Assisting a person in the ingestion, application or inhalation of medications, including prescription drugs, or in the use of universal precautions or rectal or vaginal insertion of medication, according to the legibly written or printed directions of the attending physician […]
§16-5O-3. Administration of Medications; Performance of Health Maintenance Tasks; Maintenance of Liability Insurance in Facilities
(a) The secretary shall continue a program for the administration of medications and performance of health maintenance tasks in locations covered by this article. The program shall be developed and conducted in cooperation with the appropriate agencies, advisory bodies and boards. (b) Administration of medication or performance of health maintenance tasks shall be performed only […]
§16-5O-4. Exemption From Licensure; Statutory Construction
(a) Any individual who is not otherwise authorized by law to administer medication or perform health maintenance tasks may administer medication or perform health maintenance tasks in locations covered by this article if he or she meets the requirements of this article and is exempt from the licensing requirements of chapter thirty of this code. […]
§16-5O-5. Instruction and Training
(a) The authorizing agency shall establish a council of nurses to represent the facilities and registered professional nurses affected by this article. The council shall prepare a procedural manual and recommendations regarding a training course to the secretary. The council shall meet every two years to review and make recommendations to the training curricula, competency […]
§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. (b) Any facility may permit a facility staff member to administer medications or perform health […]
§16-5O-7. Oversight of Medication Administration and Performance of Health Maintenance Tasks by the Approved Medication Assistive Personnel
(a) Any facility in which medication is administered or health maintenance tasks performed by the approved medication assistive personnel shall establish an administrative monitoring system in administrative policy. The specific requirements of the administrative policy shall be established by the department, through legislative rules. These rules shall be developed in consultation with the West Virginia […]
§16-5O-8. Withdrawal of Authorization
The registered professional nurse who monitors or supervises the facility staff members authorized to administer medication or perform health maintenance tasks may withdraw authorization for a facility staff member if the nurse determines that the facility staff member is not performing medication administration or health maintenance tasks in accordance with the training and written instructions. […]
§16-5O-9. Fees
The department may set and collect fees necessary for the implementation of the provisions of this article pursuant to rules authorized by section eleven of this article.