West Virginia Code § 16B-10-6

Availability of records; eligibility requirements of facility staff
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(a) Any facility which authorizes unlicensed staff members to administer medications or
perform health maintenance tasks shall make available to the authorizing agency a list of the
individual facility staff members authorized to administer medications or perform health
maintenance tasks.
(b) Any facility may permit a facility staff member to administer medications or perform
health maintenance tasks in a single specific agency only after compliance with all of the
following:
(1) The staff member has successfully completed a training program and received a
satisfactory competency evaluation as required by this article;
(2) The facility determines there is no statement on thea state administered nurse aide
registry indicating that the staff member has been the subject of finding of abuse or neglect
of a long-term care facility resident or convicted ofl the misappropriation of a resident's
property; s
(3) The facility staff member has had a crimiinal background check or if applicable, a check
of the State Police Abuse Registry, establishing that the individual has not been convicted of
crimes against persons or drug related crimes by utilizing and following the provisions of
§16B-15-1 et seq. of this code;
(4) The medication to be administered is received and maintained by the facility staff
member in the original container in which it was dispensed by a pharmacist or the physician;
and
(5) The facilitVy staff member has complied with all other applicable requirements of this
article, the legislative rules adopted pursuant to this article and other criteria, including
minimum competency requirements, as are specified by the authorizing agency.

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