West Virginia Code § 16B-10-2

Definitions
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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
or the health care professional in accordance with §30-5-4 of this code, or as written on the
prescription label; and u
(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, evaluationa, assessments, injections of
medication (except for prefilled insulin or insulin pens), or monitoring of medication or self-
administration of medications, such as prescriptionl drugs and self-injection of medication by
the resident. s
(b) "Approved medication assistive personinel (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 §30-3-1 et
seq. of this code or §30-14-1 et seq. of this code.
(d) "AuthorizeVd registered professional nurse" means a person who holds an unencumbered
license pursuant to §30-7-1 et 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 §30-7-1 et 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 puarents, 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, advancead practice registered nurse,
physician's assistant, dentist, optometrist or respiratory care professional licensed under
chapter thirty of this code. l
(m) "Health maintenance tasks" means performing the following tasks according to the
legibly written or printed directions of a heialth 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 en emas;
(4) Performing ostomy care which includes skin care and changing appliances; and
(5) WPerforming 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 thee 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. u
(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. l
(v) "Resident" means a resident of a facility who for purposes of this article, is in a stable
condition. i
(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-administrati on of medication with assistance" means assisting residents who are
otherwise ablVe 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.

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