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WV Code § 16-5O-4 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5O. Medication Administration by Unlicensed Personnel|§16-5O-4. Exemption From Licensure; Statutory Construction

(a) Any individual who is not otherwise authorized by law to administer medication or perform health maintenance tasks may administer medication or perform health maintenance tasks in locations covered by this article if he or she meets the requirements of this article and is exempt from the licensing requirements of chapter thirty of this code.(b) Licensed health care professionals remain subject to their respective licensing laws.(c) Notwithstanding any other provision of law to the contrary, this article shall not be construed to violate or be in conflict with articles seven or seven-a, chapter thirty of this code.(d) Any parent or guardian may administer medication to, or perform health maintenance tasks for, his or her adult or minor child regardless of whether or not the parent or guardian receives compensation for caring for said child.
WV Code § 16-5O-6 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5O. Medication Administration by Unlicensed Personnel|§16-5O-6. Availability of Records; Eligibility Requirements of Facility Staff

(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 the 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 of the misappropriation of a resident's property;(3) The facility staff member has had a criminal 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;(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 facility 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.
WV Code § 16-5O-7 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5O. Medication Administration by Unlicensed Personnel|§16-5O-7. Oversight of Medication Administration and Performance of Health Maintenance Tasks by the Approved Medication Assistive Personnel

(a) Any facility in which medication is administered or health maintenance tasks performed by the approved medication assistive personnel shall establish an administrative monitoring system in administrative policy. The specific requirements of the administrative policy shall be established by the department, through legislative rules. These rules shall be developed in consultation with the West Virginia Board of Examiners for Registered Nurses, the West Virginia Nurses Association, the West Virginia Statewide Independent Living Council, and the West Virginia Board of Respiratory Care. These rules are required to include, at a minimum:(1) Instructions on protocols for contacting an appropriate healthcare professional in situations where a condition arises which may create a risk to the resident's health and safety;(2) The type and frequency of monitoring and training requirements for management of these occurrences; and(3) Procedures to prevent drug diversion.(b) Monitoring of facility staff members authorized pursuant to this article shall be performed by a registered professional nurse employed or contracted by the facility, who shall exercise judgment, evaluate and assess the patient, inject medicine, except prefilled insulin and insulin pens if this task is delegated to an approved medication assistive person, and monitor medications, self-administration of medications and self-injections by the resident in accordance with his or her scope of practice.
WV Code § 16-5O-8 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5O. Medication Administration by Unlicensed Personnel|§16-5O-8. Withdrawal of Authorization

The registered professional nurse who monitors or supervises the facility staff members authorized to administer medication or perform health maintenance tasks may withdraw authorization for a facility staff member if the nurse determines that the facility staff member is not performing medication administration or health maintenance tasks in accordance with the training and written instructions. The withdrawal of the authorization shall be documented and relayed to the facility and the department in order to remove the facility staff member from the list of authorized individuals. The department shall maintain a list of the names of persons whose authorization to administer medication or perform health maintenance tasks has been withdrawn, and the reasons for withdrawal of authorization. The list may be accessed by registered professional nurses or facilities.
WV Code § 16-5O-9 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5O. Medication Administration by Unlicensed Personnel|§16-5O-9. Fees

The department may set and collect fees necessary for the implementation of the provisions of this article pursuant to rules authorized by section eleven of this article.
WV Code § 16-5O-10 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5O. Medication Administration by Unlicensed Personnel|§16-5O-10. Limitations on Medication Administration or Performance of Health Maintenance Tasks

The following limitations apply to the administration of medication or performance of health maintenance tasks by facility staff members:(a) Injections or any parenteral medications may not be administered, except that prefilled insulin or insulin pens may be administered;(b) Irrigations or debriding agents used in the treatment of a skin condition or minor abrasions may not be administered;(c) No verbal medication orders may be accepted, no new medication orders shall be transcribed and no drug dosages may be converted and calculated;(d) No medications ordered by the health care professional to be given "as needed" may be administered unless the order is written with specific parameters which preclude independent judgment; and,(e) Health maintenance tasks for the performance of tracheostomy care and ventilator care is not permitted in an intermediate care facility for individuals with an intellectual disability, assisted living, behavioral health group home, private residence where the resident is not residing with family and/or natural supports.
WV Code § 16-5O-11 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5O. Medication Administration by Unlicensed Personnel|§16-5O-11. Rules

The department shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code as may be necessary to implement the provision of this article.
WV Code § 16-5O-12 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5O. Medication Administration by Unlicensed Personnel|§16-5O-12. Advisory Committee

(a) There is continued an advisory committee to assist with the development of polices and procedures regarding health maintenance care in order to safeguard the well-being and to preserve the dignity of persons who need assistance to live in their communities and avoid institutionalization.(b) (1) The advisory committee shall consist of eleven voting members as follows:(A) The Olmstead Coordinator within the department of Health and Human Resources, Office of Inspector General;(B) One physician with expertise in respiratory medicine to be chosen by the West Virginia Board of Respiratory Care.(C) A representative choosen by AARP West Virginia;(D) A representative chosen by the West Virginia Statewide Independent Living Council;(E) A representative chosen by the West Virginia Developmental Disabilities Council;(F) A representative chosen by the West Virginia Board of Respiratory Care;(G) A representative chosen by the West Virginia Society for Respiratory Care.(H) One representative of the West Virginia Board of Examiners for Registered Professional Nurses;(I) One representative of the West Virginia Nurses Association;(J) One representative of the Fair Shake Network; and(K) The Office Director of the Office of Health Facility Licensure and Certification.(c) A chairman shall be selected from the voting members of the advisory committee.(d) The advisory committee shall meet at least four times annually, upon the call of the chairman, or at the request of the authorizing agency. A simple majority of the members shall constitute a quorum.(e) All members of the committee shall be reimbursed reasonable expenses pursuant to the rules promulgated by the Department of Administration for the reimbursement of expenses of state officials and employees and shall receive no other compensation for their services.
WV Code § 16-5P-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5P. Senior Services|§16-5P-1. Purpose of Article

The purpose of this article is to create a bureau in state government which promotes services to enhance the health, safety and welfare of West Virginia's senior population and serves as the primary agency within state government to provide services to the senior population.
WV Code § 16-5P-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5P. Senior Services|§16-5P-2. Short Title

This article may be cited as the "Senior Services Act of 1997".
WV Code § 16-5P-3 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5P. Senior Services|§16-5P-3. Definitions

(a) "Bureau" means the Bureau of Senior Services.(b) "Care management" means the planning, arrangement for and coordination of appropriate community-based, in-home services and alternative living arrangements for the frail elderly, disabled or terminally ill.(c) "Care services" means housekeeping, personal care, chore, escort/transportation, meals, in-home nursing, day care and/or respite services.(d) "Commissioner" means the commissioner of the Bureau of Senior Services.(e) "Community care" means a system of community-based, in-home services and alternative living arrangements which provide a full range of preventive, maintenance and restorative services for the frail elderly, disabled or terminally ill.(f) "Comprehensive assessment" means the assessment of needs, counseling in the development of a case plan, arrangements for services and on-going monitoring of the frail elderly, disabled or terminally ill.(g) "Continuum of care" means a system of services which has a primary emphasis on in-home care and community service and which includes services such as nursing, medical, transportation and other health and social services available to an individual in an appropriate setting over an extended period of time.(h) "Council" means the West Virginia council on aging.(i) "Disabled" for the purposes of this act means a person who has temporary or permanent impairments which require services within the continuum of care.(j) "Frail elderly" for the purposes of this act means any person sixty years of age or older, with limitations which restrict the person's ability to perform the normal activities of daily living.(k) "Senior", "Elderly" or "Aging" means any person sixty years of age or older as defined by the term "older individual" in the Older American's Act of 1965 as amended.(l) "Sliding fee scale" means a fee for services provided based on an individual client's ability to pay.
WV Code § 16-5P-4 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5P. Senior Services|§16-5P-4. Appointment of Commissioner; Term of Office; Reporting; Qualifications; Oath

(a) There is hereby established the Bureau of Senior Services. As of the effective date of this article, all references to the commission on aging shall be construed to mean the Bureau of Senior Services.(b) The bureau shall be under the supervision of a commissioner of the Bureau of Senior Services. The commissioner shall be appointed by the Governor, with the advice and consent of the Senate, and shall hold office subject to the will and pleasure of the Governor. The commissioner shall be selected with consideration to training and experience in senior issues.(c) The commissioner shall devote his or her entire time to the duties of his or her office, and may not be a candidate for nor hold any other public office or trust nor be a member of a political committee.(d) The commissioner, before entering upon the duties of office, shall take and subscribe to the oath prescribed by article IV, section five of the state Constitution. The oath shall be filed with the Secretary of State.(e) The commissioner shall report directly to the Governor or the Governor's designee.
WV Code § 16-5P-5 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5P. Senior Services|§16-5P-5. Compensation; Traveling Expenses

The Commissioner of the Bureau of Senior Services shall receive an annual salary as provided in section two-a, article seven, chapter six of this code and the necessary traveling expenses incident to the performance of his or her duties. Requisition for traveling expenses shall be accompanied by a sworn itemized statement which shall be filed with the Auditor and preserved as a public record.
WV Code § 16-5P-6 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5P. Senior Services|§16-5P-6. Powers and Duties Generally

The commissioner shall be the executive and administrative head of the bureau and shall have the power and duty to:(a) Exercise general supervision of the bureau;(b) Propose legislative rules for the effective and expeditious performance and discharge of the duties and responsibilities placed upon the commissioner by law;(c) Conduct and coordinate studies of the problems of the state's older people;(d) Encourage and promote the establishment of local programs and services for the aging;(e) Conduct programs of public education on the problems of the aging;(f) Review state programs for the aging, and annually make recommendations to the Governor and the Legislature;(g) Encourage and assist governmental and private agencies to coordinate effective efforts on behalf of the aging;(h) Coordinate statewide local and voluntary efforts to serve the aging and develop programs at the local level;(i) Supervise fiscal management and responsibilities of the bureau;(j) Keep an accurate and complete record of all bureau proceedings, record and file all bonds and contracts and assume responsibility for the custody and preservation of all papers and documents of the bureau;(k) Submit an annual report to the Governor on the condition, operation and functioning of the bureau;(l) Invoke any legal or special remedy for the enforcement of orders or the provisions of this chapter;(m) Standardize administration, expedite bureau business, revise rules and promote the efficiency of the service;(n) Provide a program of continuing professional, technical and specialized instruction for the personnel of the bureau and local service providers; and(o) Receive on behalf of the state any grant or gift and accept the same, so that the title shall pass to the state. All moneys from grants or gifts shall be deposited with the State Treasurer in a special fund and shall be used for the purposes set forth in the grant or gift.
WV Code § 16-5P-7 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5P. Senior Services|§16-5P-7. Creation and Composition of the West Virginia Council on Aging; Terms of Citizen Representative; Vacancies; Officers; Meetings

(a) There is hereby created the West Virginia council on aging, which shall be composed of five government members and ten citizen members, and shall serve as an advisory board to the commissioner.(b) The five government members shall be: (1) The director of the division of health; (2) the director of the bureau of medical services; (3) one administrator designated by the secretary of the Department of Health and Human Resources; (4) one administrator designated by the superintendent of the West Virginia state police; and (5) the director of the Division of Rehabilitation Services.(c) The citizen members shall be appointed by the Governor with the advice and consent of the Senate. No more than five of the citizen members shall belong to the same political party, and no more than six members shall be of the same gender. The members shall be selected in a manner to provide balanced geographical distribution.(d) The designated administrators and the citizen representatives of the council shall be appointed for terms of four years each, and shall serve until their successors are appointed and qualified. The citizen representatives appointed to staggered terms pursuant to section two, article fourteen, chapter twenty-nine of this code to the state commission on aging shall continue to serve the remainder of their term or until their successors are appointed and qualified.(e) A majority of the members of the council shall constitute a quorum for the transaction of business. The council shall elect a chair, a vice-chair, and such other officers as it deems necessary. The council shall meet at least two times each year. Each government representative shall designate a person with the authority to attend meetings and act on behalf of the government representative, who shall be considered a member of the council for the purpose of obtaining a quorum for the transaction of business.
WV Code § 16-5P-8 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5P. Senior Services|§16-5P-8. Expenses of Citizen Representatives

Each citizen representative is entitled to receive travel and other necessary expenses actually incurred in the performance of official duties under the provisions of this article. Requisition for such expenses shall be accompanied by a sworn and itemized statement which shall be filed with the Auditor.
WV Code § 16-5P-9 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5P. Senior Services|§16-5P-9. Programs and Services for the Aging

(a) The bureau may establish local programs of services for the aging as needed throughout the state. Insofar as possible, services shall be designed to foster continued participation of older people in family and community life and to avoid or postpone the onset of dependency and the need for long-term care.(b) Any allocations by the bureau of appropriations for local programs may be made contingent upon local appropriations or gifts in money or in kind for the support of such programs. The county commission of any county or governing body of any municipality in this state may appropriate and expend money for establishing and maintaining programs. Funds appropriated by the county commission or by the governing body of any municipality in this state may be contributed from time to time to any committee or organization approved by the bureau for the purposes authorized by this section.(c) The bureau as provided hereunder may receive and expend funding, including the state's share of federal funds, designated for the construction, acquisition and renovation of senior centers.(d) The Legislature may appropriate funds on a matching basis or funds from any other source to be used for the purposes stated in this section.
WV Code § 16-5P-10 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5P. Senior Services|§16-5P-10. Community Care Services

The bureau shall, within available funds, administer programs, including care management, comprehensive assessment and community and in-home care services, based on a sliding fee scale.
WV Code § 16-5P-11 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5P. Senior Services|§16-5P-11. Prevention of Crimes Against the Elderly

(a) It is the intent of the Legislature that all state agencies cooperate with the bureau and the State Police in carrying out the provisions of this section.(b) In planning and developing programs and recommendations relating to the prevention of crime and the fear of crime, including fraud, against elderly persons, the bureau shall, within existing appropriations, evaluate the need for new or improved programs, including:(1) Public education and awareness;(2) Community coordination in areas of social services and criminal justice;(3) Voluntary involvement of elderly persons and retired professionals in the criminal justice system;(4) Victim and witness assistance;(5) Reduction of the economic and physical consequences of crime against the elderly; and(6) Reduction of isolation of the elderly in the community.(c) State agencies shall cooperate with and assist the bureau, within their available resources, in gathering statistical data and implementing programs which have the potential to prevent crime against elderly persons.
WV Code § 16-5P-12 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5P. Senior Services|§16-5P-12. Designated State Agency for Handling Federal Programs

The bureau shall constitute the designated state agency for handling all programs of the federal government relating to the aging requiring action within the state, which are not the specific responsibility of another state agency under the provisions of federal law or which have not been specifically entrusted to another state agency by the Legislature. The bureau shall be empowered to comply with all regulations and requirements to qualify for federal grants and to administer such federal funds.
WV Code § 16-5P-13 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5P. Senior Services|§16-5P-13. Records and Files, Existing Programs and Contracts; Rules

(a) All records, files and other property belonging to the West Virginia commission on aging pursuant to article fourteen, chapter twenty-nine of this code shall be turned over to the bureau herein created and shall be continued as part of the records, files and other property thereof.(b) All contracts, programs and agreements entered into or offered by the state commission on aging prior to the effective date of this statute shall continue in legal force and effect under the Bureau of Senior Services.(c) All existing rules promulgated by the state commission on aging shall remain in effect and be administered and interpreted by the commissioner until such time as they are revoked or modified.
WV Code § 16-5P-14 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5P. Senior Services|§16-5P-14. Reports

The bureau shall submit a report on the condition, operation and functioning of the bureau to the Governor and to the members of the Legislature on or before January 1, of each year, in addition to such other recommendations, studies and plans as it may submit from time to time.