West Virginia Code 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 Board of Examiners for Registered Nurses, the West Virginia Nurses Association, the West Virginia Statewide Independent Living Council, and the West Virginia Board of Respiratory Care. These rules are required to include, at a minimum:
Terms Used In West Virginia Code 16-5O-7
- board: means a board of health serving one or more counties or one or more municipalities or a combination thereof. See West Virginia Code 16-1-2
- Department: means the Department of Health and Human Resources. 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
- 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
- Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
- Medication: means a drug, as defined in section one hundred one, article one, chapter . See West Virginia Code 16-5O-2
- Registered professional nurse: means a person who holds a valid license pursuant to article seven, 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
(1) Instructions on protocols for contacting an appropriate healthcare professional in situations where a condition arises which may create a risk to the resident's health and safety;
(2) The type and frequency of monitoring and training requirements for management of these occurrences; and
(3) Procedures to prevent drug diversion.
(b) Monitoring of facility staff members authorized pursuant to this article shall be performed by a registered professional nurse employed or contracted by the facility, who shall exercise judgment, evaluate and assess the patient, inject medicine, except prefilled insulin and insulin pens if this task is delegated to an approved medication assistive person, and monitor medications, self-administration of medications and self-injections by the resident in accordance with his or her scope of practice.