W. Va. Code R. § 126-25A-3

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

Section 126-25A-3 - Definitions

3.1. Administrators' Designees. School personnel as defined in W. Va. Code § 18-5-22, excluding the certified school registered nurse (RN) or contracted provider of nursing services who are designated by the building administrators, are trained to administer non-prescribed over-the-counter (OTC) medication and agree to administer non-prescribed OTC medications when county policy allows such practice.

3.2. Basic Health Care Procedures. Procedures performed by school personnel to ensure and meet students' health and safety needs.

3.3. Cardiopulmonary Resuscitation (CPR). A valid certificate from an approved training program requiring a return demonstration to an instructor for adult, child, and/or infant CPR, e.g., American Heart Association/American Red Cross.

3.4. Caregiver. A person who has met the requirements of the Medical Cannabis Act, W. Va. Code §§ 16A-1-1, et seq. to deliver and assist in the administration of medical cannabis for a designated patient who has been issued a medical cannabis identification card by the West Virginia Department of Health and Human Resources, Bureau for Public Health, and who has been issued a physician certification to use medical cannabis as part of the treatment of a serious medical condition.

3.5. Certified School Registered Nurse (RN). Licensed by the West Virginia Board of Examiners for Registered Professional Nurses (W. Va. Code § 30-7-1, et seq.) who has completed a West Virginia Department of Education (WVDE) approved program as defined in the W. Va. 126CSR114, Policy 5100, Approval of Educator Preparation Programs, and meets the requirements for certification contained in W. Va. 126CSR136, Policy 5202, Minimum Requirements for the Licensure of Professional/ Paraprofessional Personnel and Advanced Salary Classifications (Policy 5202). The county board or the county health department must employ the certified school registered nurse RN specified in W. Va. Code § 18-5-22.

3.6. Contracted Health Care Provider. Licensed health care provider who provides health care services under contract with county boards. Health care services may be contracted after the ratio of one nurse for every 1,500 students, kindergarten through seventh grade, is provided to county schools.

3.7. Contracted School Registered Nurse (RN). Employee of a public health department providing services under a contract with a county board to provide services considered equivalent to those required in W. Va. Code § 18-5-22.

3.8. Designated Qualified Personnel. Employee or contracted provider who agrees to administer prescribed medications, authorized by the administrator/principal, completes training by the certified school RN, and is qualified for the delegation of the administration of prescribed medications by the certified school RN. Designated qualified personnel must also meet the specifications in W. Va. Code § 18-5-22(d) and (e), which includes delegation of specialized health care procedures and medications to aides, and medication only to teachers and secretaries.

3.9. Emergency Action Plan. Written plan of action for health care interventions based on the assessment of the certified school RN and/or health care provider intended to be implemented by school personnel to ensure the safety and welfare of students requiring health care in the school setting.

3.10. First Aid. Training course in the emergency treatment administered to an injured or sick person before professional medical care is available. The certified school RN will coordinate this training.

3.11. Health Assessment. Process by which the certified school RN obtains student health data. This assessment is comprehensive, systematic, and continuous to allow the certified school RN to make a nursing diagnosis and plan for interventions with the student, family, school staff, and licensed prescriber when necessary.

3.12. Health Care Plan. Written document developed by the certified school RN, which includes a nursing diagnosis, is individualized to the student's health needs, and consists of specific goals and interventions delineating the school nursing actions, delegated procedures, and student's role in self-care.

3.13. Licensed Health Care Provider. Medical doctor or doctor of osteopathy, podiatrist, registered nurse, practical nurse, registered nurse practitioner, physician assistant, dentist, optometrist, pharmacist, or respiratory care professional licensed under W. Va. Code §30.

3.14. Licensed Practical Nurse (LPN). Person who has met all the requirements for licensure as a practical nurse and who engages in practical nursing under the direction of a Registered Professional Nurse as defined in W. Va. Code § 30-7A-1, et seq. The LPN employed in a public school shall function under the supervision, assignment, and/or delegation of the certified school RN to perform nursing services (W. Va. Code § 18A-4-8).

3.15. Licensed Prescriber. Licensed health care provider with authority to prescribe medication and health care procedures.

3.16. Medical Cannabis. Cannabis for certified medical use as set forth in the Medical Cannabis Act, W. Va. Code §§ 16A-1-1, et seq.

3.17. Medication Authorization Form. Form, inclusive of an order for prescribed medication, completed and signed by a licensed prescriber with a parent/guardian signature of permission to authorize medication administration to said parent's/guardian's child. The form must include the following: student name; date; allergies; medication name, dosage, time, and route; intended effect of medication; other medication(s) taken by the student; licensed prescriber and parent/guardian signature.

3.18. Non-prescribed Medication. Medication and food supplements approved by the Food and Drug Administration and may be obtained OTC without a prescription from a licensed prescriber.

3.19. Prescribed Medication. Medication with a written order signed by a licensed prescriber.

3.20. Performance Checklist. Tool used by the certified school RN to safely determine that designated school personnel meet the minimum standards required to perform necessary basic and/or specialized health care procedures.

3.21. Qualified. Ability to demonstrate competence and skills in the use of equipment and performance of techniques and procedures necessary to provide basic and/or specialized health care services for individuals with health needs and to demonstrate current knowledge of community emergency medical resources.

3.22. Related Services. Transportation and such developmental, corrective, and other supportive services as are required to assist an eligible exceptional student to benefit from education as defined in W. Va. 126CSR16, Policy 2419, Regulations for the Education of Students with Exceptionalities. The term includes, but is not limited to, audiology, speech and language pathology, psychological services, physical and/or occupational therapy, counseling/social services, school health services, early identification and assessment, medical services for diagnostic or evaluation purposes, and parent training.

3.23. Retrained. Proper demonstration and/or instruction, as deemed necessary by the certified school RN.

3.24. School-Based Health Centers. Clinics located in schools that:

1) are sponsored and operated by community-based health care organizations;

2) provide primary health care services (including but not limited to diagnosis and treatment of acute illness, management of chronic illness, physical exams, immunizations, and other preventive services) to students enrolled in the health center; and

3) follow state and federal laws, policies, procedures, and professional standards for the provision of medical care.

3.25. School Health Manager. Certified school RN who reviews and interprets medical data related to student health problems and coordinates all school health services.

3.26. School Personnel. Any school employee, as defined in W. Va. Code § 18-5-22, who is not a licensed health care provider but has been designated, trained, and deemed competent by a certified school RN and approved by a school administrator to provide basic and/or specialized health care procedure(s) for West Virginia public school students. School personnel includes administrators, teachers, aides, and secretaries as defined in W. Va. Code §§ 18-1-1, 18A-4-8, and 18-5-22.

3.27. School-Related Events. Any curricular or co-curricular activity, as defined by W. Va. 126CSR42, Policy 2510, Assuring the Quality of Education: Regulations for Education Programs, that is conducted outside of the school environment and/or instructional day. Examples of curricular and co-curricular activities include the following: band and choral presentations, theater productions, science or social studies fairs, mathematics field days, career/technical student organizations' activities, or other activities that provide in-depth exploration or understanding of the content standards and objectives appropriate for students' grade levels.

3.28. Self-administration. Administration of medication by the student under the approval, assessment, and supervision of the certified school RN with a licensed prescriber order and parent/guardian permission. The self-administration of prescribed medication may also include medication taken by a student in an emergency or an acute situation (e.g., rescue inhaler, epinephrine, diabetic medication, etc.). The self-administration of medical cannabis by a student is prohibited on or in school property or at a school-related event.

3.29. Serious Medical Condition. Any condition diagnosed by a physician and specified in the Medical Cannabis Act, W. Va. Code §§ 16A-1-1, et seq., for which medical cannabis may be certified for use by a patient as part of a treatment for the condition.

3.30. Specialized Health Care Procedures. Procedures ordered by the student's licensed prescriber(s) requiring medical and/or health-related training for the individual who performs the procedures.

3.31. Stock Medications. Medication purchased by the school system under the authorization of a licensed prescriber with medical standing protocols and procedures for administration to students, staff, and other persons as allowable by code and policies, such as opioid antagonist and epinephrine.

3.32. Supervision of Designated School Personnel. Periodic on-site review and documentation by the certified school RN verifying the competence of that individual in performing basic and/or specialized health care procedures and maintaining appropriate records.

3.32.a. Direct Supervision. Providing availability for consultation and/or referral for appropriate assistance.

3.32.b. Indirect Supervision. Certified school RN being available to the qualified, designated school personnel either in person or through electronic means to provide necessary instruction, consultation, and/or referral for appropriate assistance.

3.33. Tele-health. Use of electronic information and telecommunications technologies to provide professional health care.

3.34. Training. Instruction and demonstration provided to designated school personnel to be qualified for the performance of basic and/or specialized health care procedures.

W. Va. Code R. § 126-25A-3