W. Va. Code R. § 10-6-3

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 10-6-3 - Continuing Competence - a Prerequisite for Renewal

3.1. Continuing Competence

3.1.a. Continuing Education Requirements

3.1.a.1. Each applicant for renewal of a license, if the license is currently active, or reinstatement of a license if a license is lapsed or on the non-practicing list, shall verify that he or she satisfactorily completed twenty-four (24) contact hours of continuing education during the prescribed two (2) year reporting period.

3.1.a.2. Units of measurement used for continuing education courses are:

3.1.a.2.A. 1 contact hour = 50 minutes of instruction

3.1.a.2.B. 1 contact hour = 50 minutes of clinical or laboratory practice in an informal offering

3.1.a.2.C. 1 continuing education unit (CEU) = 10 contact hours of instruction

3.1.a.2.D. 1 academic semester hour = 15 contact hours of instruction

3.1.a.2.E. 1 academic quarter hour - 10 contact hours of instruction

3.1.a.3. Each licensed practical nurse with an active license to practice practical nursing shall complete twenty four (24) contact hours of continuing education, as approved by this rule. On or before June 30, in each even numbered year each licensed practical nurse shall file a report of his or her continuing education activities with the board at the time the licensee files an application for renewal of his or her license.

3.1.a.4. The board shall not grant credit for identical continuing education activities submitted during any single two (2) year reporting period. The board shall not accept continuing education credits from a previous two (2) year reporting period, nor shall credits be accumulated for use in a future two (2) year reporting period.

3.1.b. Practical Nursing Practice Requirements

3.1.b.1. Each applicant for renewal of a license, if the license is currently active, or reinstatement of a license, if the license is lapsed or on the non-practicing list, shall verify that he or she engaged in four hundred (400) clock hours of practical nursing practice within the prescribed two (2) year year reporting period.

3.1.b.2. Each licensed practical nurse with an active license to practice practical nursing shall engage in a minimum of four hundred (400) clock hours of practical nursing practice, as approved by this rule. On or before June 30, in each even numbered year, each licensed practical nurse shall file a report certifying that he or she has met the minimum practical nursing practice requirements, at the time the licensee files the application for renewal of his or her license.

3.1.c. The board shall exempt from the continuing competence requirements a licensee who qualifies for exceptions set forth in this subdivision.

3.1.c.1. A licensee who obtains a license for the first time in West Virginia during the first twelve months of any twenty-four (24) month reporting period shall complete twelve (12) contact hours in approved continuing education activities, as set forth in this rule, before the end of the current reporting period. A licensee who obtains a license for the first time in West Virginia during the second twelve (12) months of any twenty-four (24) month reporting period is exempt from the continuing education requirements for the entire reporting period.

3.1.c.2. A licensee who obtains a license for the first time in West Virginia during the first twelve months of any twenty-four (24) month reporting period shall engage in two hundred (200) clock hours of practical nursing practice, as set forth in this rule, before the end of the current reporting period. A licensee who obtains a license for the first time in West Virginia during the second twelve (12) months of any twenty-four (24) month reporting period is exempt from the minimum practice requirements for the entire reporting period.

3.1.c.3. A licensee who is enrolled, full time, in an educational program leading to an associate degree, diploma, or baccalaureate degree in nursing has complied with all continuing competence requirements.

3.1.c.4. During periods when the licensee is on active duty as a member of the Armed Forces of the United States, the National Guard of this state or any other state, or any other military reserve component and deployed outside of this state, and for six months after discharge from active duty, the license shall continue in good standing and shall be renewed without meeting continuing education requirements for the license when circumstances associated with military duty prevent the individual from obtaining the required continuing education.

The licensee shall submit a waiver request to the board, informing the board of circumstances which include, but are not limited to, deployment outside of the United States or in any combat area.

During periods when the licensee is accompanying his or her spouse who is on active duty as a member of the Armed Forces of the United States, the National Guard of this state or any other state or any other military reserve component and deployed outside of this state, and for six months after discharge from active duty, the license shall continue in good standing and shall be renewed without meeting continuing education requirements for the license when circumstances associated with accompanying a spouse on military duty prevent the individual from obtaining the required continuing education.

The licensee shall submit a waiver request to the board informing the board of these circumstances which include, but are not limited to, deployment outside of the United States or in any combat area.

3.1.c.5. The board may grant a waiver to a licensee who has a physical or mental disability or who is providing direct care to a member of his or her immediate family during all or a portion of the two (2) year reporting period. A waiver provides for an extension of time or exception for some or all of the continuing competence requirements. Any licensee may request an application for waiver from the board. The board shall approve or deny an application for waiver after review of the application. The board shall not grant an exception from continuing competence requirements for more than one (1), two (2) year reporting period, as set forth in this rule.

3.1.d. The board may take the following actions if a licensee fails to meet the continuing competence requirements or the conditions for exceptions for renewal set forth in subdivision 3.1.a., 3.1.b., and 3.1.c. of this section.

3.1.d.1. The board may place the license on non-practicing status without penalty and may waive the continuing competency requirements, providing that the licensee notifies the board in writing of his or her desire to have the board place his or her license on non-practicing status before the last day of the reporting period. The board shall not charge a fee to place the license on non-practicing status; or,

3.1.d.2. The board shall lapse the license of any person who fails to notify the board, in writing, prior to the last day of the reporting period that he or she wishes to place his or her license on the non-practicing

3.1.e. Reinstatement of a license on non-practicing or lapsed status or issuance of a limited license.

3.1.e.1. A person wishing to reinstate a license from non-practicing status or from lapsed status shall comply with the following requirements. The person shall:

3.1.e.1.A. make application for reinstatement of the license from non-practicing status or lapsed status;

3.1.e.1.B. meet the continuing competence requirements set forth in this rule; and

3.1.e.1.C. Pay the fee for reinstatement of non-practicing or lapsed license as specified in West Virginia State Board of Examiners for Licensed Practical Nurses Rules, Fees for Services Rendered by the Board, 10 CSR 4.

3.1.e.2. A person who wishes to reinstate a license but is not able to meet requirements for reinstatement of a non-practicing or a lapsed license shall request a limited license.

3.1.e.2.A. A limited license is a license which is valid for ninety (90) days, during which time the licensee shall:

3.1.e.2.A.1. satisfactorily complete a refresher course of at least eighty (80) clock hours of theory and eighty (80) clock hours of clinical practice recognized by an approved provider and designed for practical nurses returning to practice after a period of absence from the work setting; or

3.1.e.2.A.2. engage in a minimum of two hundred (200) clock hours of practical nursing practice under the direct supervision of a qualified supervisor and secure twelve (12) contact hours of continuing education.

3.1.e.2.B. The board shall issue a fully reinstated license when a licensee provides verification that he or she meets one of the requirements in paragraph 3.1.e.2.A of this section.

3.1.e.2.C. The board shall not renew a limited license issued for non compliance with continuing competence requirements.

3.1.e.2.D. A licensee who does not meet requirements provided under this section for limited license within the ninety (90) day licensure period is required to meet the full continuing competence requirements in subdivision 3.1.a and 3.1.b of this rule or is required to pass the national licensure examination for practical nurses which tests competency for beginning practical nursing practice.

3.2. The board may select any licensee who holds a current license to audit for compliance with continuing competence requirements.

3.2.a. To comply with the audit request from the board, a licensee shall submit legible copies of certificates of attendance at continuing education offerings, transcripts of courses taken, notices received from the board granting special approval of informal offerings from non-approved providers, and the name, telephone number and mailing address of his or her employer to verify practical nursing practice. The board may require the licensee to submit a job description to verify his or her employment in a nursing position which meets the requirements of paragraph 3.1.b.1. of this rule.

3.2.b. The licensee shall submit the required documents within thirty (30) days of the date he or she received notification of the audit. The board may grant an extension of time for submission of the documents, on an individual basis, in cases of hardship, if the licensee makes a written request for an extension of time and provides justification for the request.

3.2.c. Licensees shall keep certificates of attendance at continuing education offerings, letters verifying special approval for informal offerings from non-approved providers, transcripts of courses, and documentation of compliance with exceptions for a two (2) year period following submission of continuing education activities to the board.

3.2.d. The board shall notify the licensee of the satisfactory completion of the audit.

3.2.e. If a licensee fails to submit the audit information requested by the board or meet the standards in subdivision 3.1.a. or 3.1.b. of this rule, the board may institute disciplinary proceedings and shall not renew a license before the audit is completed.

3.2.f. The board shall take action as prescribed in West Virginia State Board of Examiners for Licensed Practical Nurses Rule, Policies Regulating Licensure of the Licensed Practical Nurse, 10 CSR 2, against any licensee who submits false information to the board.

3.2.g. A licensee who fails to notify the board of a current mailing address is not absolved from the audit requirements. The board shall not renew a license before the audit is completed.

W. Va. Code R. § 10-6-3