Section 16B-10-2 - DefinitionsAs 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 or the health care professional in accordance with § 30-5-4 of this code, or as written on the prescription label; and(2) Making a written record of such assistance with regard to each medication administered, including the time, route and amount taken. However, for purposes of this article, "administration" does not include judgment, evaluation, assessments, injections of medication (except for prefilled insulin or insulin pens), or monitoring of medication or self-administration of medications, such as prescription drugs and self-injection of medication by the resident.(b) "Approved medication assistive personnel (AMAP)" means unlicensed facility staff member, who meets eligibility requirements, has successfully completed the required training and competency testing, and is considered competent by the authorized registered professional nurse to administer medications or perform health maintenance tasks, or both, to residents of the facility in accordance with this article.(c) "Authorized practitioner" means a physician licensed under the provisions of § 30-3-1et seq. of this code or § 30-14-1et seq. of this code.(d) "Authorized registered professional nurse" means a person who holds an unencumbered license pursuant to § 30-7-1et seq. of this code and meets the requirements to train and supervise approved medication assistive personnel pursuant to this article, and has completed and passed the facility trainer/instructor course developed by the authorizing agency.(e) "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.(g) "Delegation decision model" means the process the authorized registered professional nurse must follow to determine whether or not to delegate a nursing task to an approved medication assistive personnel. The delegation decision model is approved by the West Virginia Board of Examiners for Registered Professional Nurses.(h) "Director" means the director of the Office of Health Facility Licensure and Certification, or his or her designee.(i) "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 § 30-7-1et seq. of this code.(j) "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.(k) "Family" means biological parents, adoptive parents, foster parents, or other immediate family members living within the same household.(l) "Health care professional" means a medical doctor or doctor of osteopathy, a podiatrist, registered professional nurse, practical nurse, advanced practice registered nurse, physician's assistant, dentist, optometrist or respiratory care professional licensed under chapter thirty of this code.(m) "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;(2) Administering gastrostomy tube feedings;(3) Administering enemas;(4) Performing ostomy care which includes skin care and changing appliances; and(5) Performing tracheostomy and ventilator care for residents in a private residence who are living with family and/or natural supports.(n) "Health maintenance tasks" do not include judgment, evaluation, assessments, injections of medication, except for prefilled insulin or insulin pens, or monitoring of medication or self-administration of medications, such as prescription drugs and self-injection of medication by the resident.(o) "Immediate family" means mother, stepmother, father, stepfather, sister, stepsister, brother, stepbrother, spouse, child grandparent and grandchildren.(p) "Inspector General" means the Inspector General of the Office of Inspector General as described in § 16B-2-1 of this code, or his or her designee.(q) "Location of medication administration or location where health maintenance tasks are performed" means a facility or location where the resident requires administration of medication or assistance in taking medications or the performance of health maintenance tasks.(r) "Medication" means a drug, as defined in § 60A-1-101 of this code, which has been prescribed by a health care professional to be ingested through the mouth, inhaled through the nose or mouth, administered through a gastrostomy tube, applied to the outer skin, eye or ear, or applied through nose drops, vaginal or rectal suppositories.(s) "Natural supports" means family, friends, neighbors or anyone who provides assistance and support to a resident but is not reimbursed.(t) "Office of Health Facility Licensure and Certification" means the West Virginia Office of Health Facility Licensure and Certification within the Office of the Inspector General.(u) "Registered professional nurse" means a person who holds a valid license pursuant to § 30-7-1, et seq. of this code.(v) "Resident" means a resident of a facility who for purposes of this article, is in a stable condition.(w) "Self-administration of medication" means the act of a resident, who is independently capable of reading and understanding the labels of drugs ordered by an authorized practitioner, in opening and accessing prepackaged drug containers, accurately identifying and taking the correct dosage of the drugs as ordered by the health care professional, at the correct time and under the correct circumstances.(x) "Self-administration of medication with assistance" means assisting residents who are otherwise able to self-administer their own medications except their physical disabilities prevent them from completing one or more steps in the process.(y) "Stable" means the individual's health condition is predictable and consistent as determined by the registered professional nurse.(z) "Supervision of self-administration of medication" means a personal service which includes reminding residents to take medications, opening medication containers for residents, reading the medication label to residents, observing residents while they take medication, checking the self-administered dosage against the label on the container and reassuring residents that they have obtained and are taking the dosage as prescribed.Added by 2024 Acts, ch. TBD (SB 300), eff. 2/8/2024.