Title 10 W. Va. C.S.R.

Licensed Practical Nurses Licensed Practical Nurses

Series 01 Policies And Procedures For Development And Maintenance Of Educational Programs In Practical Nursing

W. Va. Code R. § 10-1-1 General

1.1. Scope. -- This legislative rule establishes the administrative requirements for development and maintenance of educational programs in practical nursing.

1.2. Authority. -- W. Va. Code §30-7A-5.

1.3. Filing Date. -- April 6, 2010.

1.4. Effective Date. -- May 1, 2010.

W. Va. Code R. § 10-1-2 Definition of Terms

2.1. "Program" means an accredited program of practical nursing that has met the requirements of W. Va. Code §30-7A-8, and of the board as specified in this rule.

2.2. "Curriculum" means a total written plan of learning activities included during the program of practical nursing.

2.3. "Sponsoring agency" refers to those agencies providing financial and administrative support for an accredited program in practical nursing.

2.4. "Affiliating agency" refers to a health care agency used by a sponsoring agency for clinical experience for students enrolled in the program.

2.5. "Licensure examination" refers to the written examination provided to qualified applicants, as required in West Virginia State Board of Examiners for Licensed Practical Nurses Rule, Policies Regulating Licensure of the Licensed Practical Nurse, 10CSR2.

W. Va. Code R. § 10-1-3 Accreditation

3.1. The board shall issue a certificate of accreditation to each accredited program. The sponsoring agency shall display the certificate of accreditation at the program site.

3.2. Goals of Accreditation.

3.2.1. The primary goal of accreditation is to graduate safe, competent practitioners of practical nursing with a skill mix adequate to meet employer demands.

3.2.2. Contributing Goals:

3.2.2.a. Administration, faculty and the professional community understand and support the philosophy, goals and objectives of practical nursing;

3.2.2.b. Faculty maintain current curricular concepts;

3.2.2.c. Faculty and clinical facilities staff partner to develop client care experiences which enhance student competence in the clinical area;

3.2.2.d. Faculty utilize varied and effective mechanisms for evaluating student knowledge base in practical nursing;

3.2.2.e. Administration and faculty maintain a positive learning environment for students;

3.2.2.f. Graduates successfully complete the licensure examination at a rate at least equal to the national passing standard; and

3.2.2.g. Health care agencies hire program graduates.

3.3. Minimum requirements for accreditation.

The sponsoring agency shall:

3.3.1. Maintain a practical nursing program advisory committee as required in section 5 of this rule;

3.3.2. Provide classroom and clinical facilities as required by section 6 of this rule;

3.3.3. Employ qualified faculty as required by section 7 of this rule;

3.3.4. Provide a program of instruction as required by section 8 of this rule;

3.3.5. Select students and develop student policies as required by section 9 of this rule; and

3.3.6. Maintain records, reports and bulletins as required by section 10 of this rule.

3.4. Accreditation.

3.4.1. All programs shall have tentative, provisional or full state accreditation by the board for graduates of the program to be eligible to take the licensure examination for practical nurses.

3.4.2. A new program for which the sponsoring agency requires time to demonstrate its eligibility for accreditation is known as a "State Tentatively Accredited Program." Tentative state accreditation is valid for operation of the program until after the first meeting of the board following receipt of the licensure examination results for graduates of the first class.

3.4.3. A program which meets the requirements set forth in this rule, and demonstrates the ability to provide an adequate educational program which reflects current educational trends and current concepts in the delivery of health services, is known as a "State Accredited Program."

3.5. All programs are urged to seek accreditation through appropriate national organizations authorized to grant accreditation.

3.6. Accreditation site visits.

3.6.1. A representative of the board shall visit each program once every 3 years to evaluate compliance with minimum requirements for maintaining an accredited program in practical nursing. A representative of the board may make additional visits based on needs of the program as determined by the board, the sponsoring agency or faculty of the program. Additional visits may be announced or unannounced. Following a visit, the board representative shall send a report to the nurse coordinator and agency administrator stating the findings and recommendations. The board representative shall provide copies of visitation reports to the Board to be utilized in determining accreditation status.

3.6.2. A representative of the board shall contact the coordinator of a program that has a failure rate on the licensure examination which exceeds the national failure rate. The board representative may ask that the coordinator develop and present to the board a plan for corrective action. The board may accept the plan devised by the coordinator or offer alternative suggestions for corrective action.

3.7. A program which fails to maintain the minimum requirements and which the board has duly notified, is known as a "State Provisionally Accredited Program". The program shall meet the board recommendations within a time specified by the board but not greater than 3 years from the date of the notice. Representatives of the sponsoring agency of a program being considered for placement on Provisional State Accreditation may request a hearing before the board on behalf of the program to present information not in evidence in materials provided to the board or to present specific plans for accomplishing recommendations of the board.

3.7.1. A program which has been placed on Provisional Accreditation Status shall inform all incoming students in writing of the current accreditation status.

3.7.2. A program placed on Provisional Accreditation Status will be required to submit at least quarterly an interim report outlining the changes made to meet the standard(s) on which they were cited.

3.7.3. The board shall have the authority to limit student admissions to any program which is placed on Provisional Accreditation Status.

3.8. A representative of the board shall make site visits to a Provisionally Accredited Program as necessary and/or as requested by the program, and at the end of the period specified in subdivision 3.7 of this rule, to determine if the sponsoring agency and faculty have corrected deficiencies. The board shall review findings resulting from the site visits. The board shall withdraw state accreditation if the criteria for Full State Accreditation is not met.

3.8.1. The sponsoring agency of a program that has had its accreditation withdrawn shall follow established procedures for closing the program.

3.8.2. The sponsoring agency of a program that has had its accreditation withdrawn and desires to reopen a program is required to follow the established procedure for opening a new program.

3.9. When a sponsoring agency transfers a program to a new sponsoring agency, the new sponsoring agency shall notify the board, in writing, of its intent to sponsor the program and seek board approval prior to assuming responsibility for the program.

3.10. The sponsoring agency of a program of practical nursing scheduled to close shall inform the Board, in writing, of:

3.10.1. The proposed closing date;

3.10.2. Plans for students currently enrolled in the program to complete the program; and

3.10.3. Provisions for permanent storage of student records.

3.11. Reopening a program.

3.11.1. The sponsoring agency of a previously accredited program may reopen the program within 1 year of the date of graduation of the last class. The sponsoring agency shall notify the board, in writing, no less than 8 weeks prior to the proposed reopening date. The Executive Secretary or a member of the board shall visit the program prior to the opening date.

3.11.2. The sponsoring agency of a previously accredited program which has been closed for more than 1 year from the date of graduation of the last class shall reapply to the board as a new program.

W. Va. Code R. § 10-1-4 Establishing a New Program

4.1. An agency contemplating sponsoring a new program of practical nursing shall request from the board a copy of the manual entitled, "Manual of Recommendations and Requirements for Education and Licensure". Sponsoring agencies should consult with board staff throughout the planning process.

4.2. The following steps shall be included in planning a program of practical nursing.

4.2.1. Representatives of a sponsoring agency and the board shall hold a pre-planning conference to begin preliminary discussions about the roles and responsibilities of faculty and administration in practical nursing education.

4.2.2. Representatives of the board, the sponsoring agency, the clinical facilities, potential employers, resource people and interested citizens shall hold a community meeting to discuss:

4.2.2.a. Present and the future local need for additional licensed practical nurses;

4.2.2.b. The implications of the local expansion of existing health services;

4.2.2.c. LPN staffing patterns of local health care facilities;

4.2.2.d. The use of clinical facilities for student experience; and

4.2.2.e. The role and function of the licensed practical nurse in the local area where the program will be sponsored.

4.2.3. The sponsoring agency shall plan the meeting.

4.2.4. The sponsoring agency shall submit 10 copies of the application for a new program with resumes of the potential nurse coordinator and instructors to the board with the fee required in West Virginia State Board of Examiners for Licensed Practical Nurses Rule, Fees for Services Rendered by the Board, 10CSR4. Prior to or at the time of application the sponsoring agency shall submit:

4.2.4.a. Documentation of the local need for graduates of the program;

4.2.4.b. Verification that adequate clinical facilities are available for student experience;

4.2.4.c. The estimated number of students which will be admitted to the program annually initially and in the future;

4.2.4.d. A description of classroom and laboratory facilities; and

4.2.4.e. The basis for financial support during the planning phase and for initial and future classes.

4.2.5. The board may seek validation of the information and data submitted by the sponsoring agency from another source at its discretion.

4.2.6. The sponsoring agency shall submit this material no less than 6 weeks in advance of the board meeting during which the program is scheduled to be considered for temporary approval to proceed with the planning process.

4.2.7. The sponsoring agency shall employ a nurse coordinator after the board has granted temporary approval to plan a program of practical nursing.

4.2.8. The sponsoring agency shall submit a draft copy of the curriculum and supplementary materials to the board including:

4.2.8.a. The program philosophy;

4.2.8.b. The student terminal objectives;

4.2.8.c. The administrative structure of the sponsoring agency;

4.2.8.d. The functions and names of advisory committee members;

4.2.8.e. The faculties’ qualifications and job descriptions;

4.2.8.f. The program and student policies;

4.2.8.g. The rotation schedule; and

4.2.8.h. The affiliation agreements between clinical facilities and the sponsoring agency.

4.2.9. The sponsoring agency may submit this material all at once or in sections as it is completed. A representative of the board shall review the materials and make recommendations for revision where necessary to meet board requirements.

4.2.10. Representatives of the board shall conduct an official visit to review the final draft of program materials and to survey clinical facilities planned for use by the program.

4.2.11. The sponsoring agency shall submit 10 copies of the curriculum and supplementary materials identified in paragraph 4.2.8. of this rule, with necessary revisions, to the board. The sponsoring agency shall submit the materials to the board office no less than 6 weeks in advance of the date scheduled by the board for consideration of the new program for tentative state accreditation.

4.2.12. The Executive Secretary of the board and/or a member of the board shall conduct a consultation visit to a program with tentative state accreditation when:

4.2.12.a. The program has been in operation 6 months;

4.2.12.b. The sponsoring agency or faculty of an accredited program requests a visit; or

4.2.12.c. The board determines the need for a visit.

W. Va. Code R. § 10-1-5 Practical Nursing Program Advisory Committee

5.1. The sponsoring agency offering a program in practical nursing shall appoint an advisory committee composed of members of the community interested in the education of practical nurses and the health care of individuals.

5.2. The practical nursing program advisory committee shall meet at least twice each year.

5.3. The committee should include at least 1 of each of the following: a consumer; a director of nursing service; a hospital administrator; a licensed practical nurse; and a registered nurse. The committee members shall represent acute and long term care facilities and community health agencies. A current student representative from the program shall participate on the Advisory Committee with the exception of discussions and decisions pertaining to confidential student, faculty, or program information. The nurse coordinator and sponsoring agency administrator are ex officio members of the advisory committee. Other program faculty and staff do not serve as voting members on the Program Advisory Committee.

5.4. The sponsoring agency and/or faculty of the program shall provide all new Advisory Committee Members with an orientation to the program, the Committee’s role and functions, and any other information which is relevant to the performance of their duties.

5.5. Members of the advisory committee should:

5.5.1. Be familiar with the relationships between the program and clinical practice areas;

5.5.2. Assist in interpreting the program to the community, e.g., function in a liaison capacity;

5.5.3. Be aware of the current concepts in practical nurse education and health trends in the area; and

5.5.4. Make recommendations for improvement in the program.

W. Va. Code R. § 10-1-6 Classroom, Clinical Facilities, and Offices

6.1. The sponsoring agency shall provide:

6.1.1. A nursing laboratory with sufficient numbers of modern patient care units and up-to-date equipment and training;

6.1.2. Aides to meet the objectives of the program and the learning needs of students;

6.1.3. A classroom or a lecture room;

6.1.4. Access to a computer lab;

6.1.5. An appropriately equipped library;

6.1.6. A separate office with a telephone for the nurse coordinator; and,

6.1.7. Faculty offices adequate in size and number to provide the faculty with privacy for work and for student conferences.

6.2. The sponsoring agency shall provide at least 20 hours per week of secretarial assistance to the faculty of a program.

6.3. Clinical Facilities.

6.3.1. Agencies used as clinical facilities shall meet the minimum requirements set forth in this section.

6.3.2. Acute care and long term care facilities shall:

6.3.2.a. Be licensed by the State Department of Health and Human Resources;

6.3.2.b. Be accredited or certified by an appropriate and recognized state or national agency or organization;

6.3.2.c. Have an active in-service education program; and,

6.3.2.d. Be staffed by qualified service personnel.

6.3.3. Other inpatient and outpatient facilities and agencies shall meet appropriate state requirements for operation.

W. Va. Code R. § 10-1-7 Faculty

7.1. The sponsoring agency shall submit evidence that all faculty members meet minimum requirements of the board as set forth in this section.

7.2. The number of faculty members in an accredited program of practical nursing may vary according to the size of the class, distribution of students in the clinical facilities and the philosophy of the educational program. The sponsoring agency shall employ part-time instructors to assist faculties numbering less than 3 and in other instances as considered necessary by the board or the sponsoring agency.

7.3. The ratio of students to faculty in the clinical area shall be 10 students to 1 instructor. The sponsoring agency shall consider a lower ratio when clinical space and patient census are not sufficient to accommodate the 10 to 1 ratio or when the nature of the student assignment requires close individual supervision.

7.4. The sponsoring agency shall designate a nurse coordinator for each practical nursing program. The nurse coordinator is the supervisor of the program of instruction and is responsible for planning, implementing and evaluating the entire program.

7.5. Instructors are responsible for the supervision of students within the clinical areas, and for the development and teaching of theory.

7.6. Each faculty member shall have experience as a registered professional nurse within the 3 years immediately preceding employment as a faculty member; and

7.6.1. Be a registered professional nurse currently licensed in West Virginia;

7.6.2. Have or be enrolled in a baccalaureate degree program, preferably in nursing, with completion within 5 to 7 years of date of hire as demonstrated by submission of transcripts to the program coordinator; and

7.6.3. Have a minimum of 3 years of experience as a registered professional nurse which should include:

7.6.3.a. 2 years of patient side nursing care experience in an acute, intermediate or long term care clinical facility; and,

7.6.3.b. 1 year experience in one or more of the following areas: teaching, supervision or administration; and,

7.6.3.c. Present evidence of continuing education.

7.7. Each part-time and substitute faculty shall meet the same criteria as full-time faculty. The board may make exceptions for faculty employed to teach specific subject areas, i.e., nutrition. A program may request an exemption from the board on a time-limited basis in an emergency situation for the use of faculty who do not fully meet the above-stated criteria.

7.7.1. The nurse coordinator will require each adjunct, part time, or substitute faculty to demonstrate their participation in the planning and evaluation of each course they teach, co-teach, or for which they supervise students in the clinical area.

7.7.2. The nurse coordinator shall determine how this participation shall be demonstrated in each program.

7.8. Faculty members are responsible for all activities relating to classroom and clinical experience, administration and organization, curriculum development, classroom and clinical instruction, student guidance and for maintaining a learning environment for the student. Faculty shall participate in a minimum of 15 contact hours of continuing education each year relating to their specific employment responsibilities as identified under faculty functions outlined in subsection 7.9 of this rule.

7.9. Faculty functions.

7.9.1. The nurse coordinator shall:

7.9.1.a. Assume responsibility for organizing and directing the program under the jurisdiction of the sponsoring agency;

7.9.1.b. Seek recommendations from the practical nursing advisory committee for establishing policies for the recruitment, selection, admission, progression, dismissal and counseling of students;

7.9.1.c. Schedule regular faculty conferences and maintain a written record of discussions and decisions;

7.9.1.d. Establish a system to maintain essential records that will be used to evaluate a student’s progress while the student is enrolled in the program and to follow up on the student after his or her graduation;

7.9.1.e. Report, at least monthly, the status of the program to the sponsoring agency administrator and to the advisory committee as necessary;

7.9.1.f. Visit clinical practice areas regularly to evaluate student experience and maintain communications with facility administration and staff;

7.9.1.g. Plan and implement, with the sponsoring agency administrator, an annual budget for the program;

7.9.1.h. Make recommendations for faculty appointments and promotions;

7.9.1.i. Arrange for activities for selecting students including testing and interviewing;

7.9.1.j. Interpret changing practices in the utilization of the graduate practical nurse and adjust the educational program to accommodate these changes;

7.9.1.k. Develop short and long range objectives and strategies for strengthening the program;

7.9.1.l. Establish criteria for the ongoing evaluation of the curriculum, the clinical facilities and the faculty; and,

7.9.1.m. Either individually or in collaboration with the administrator of the sponsoring agency, evaluate and document, at least every 6 months, a new instructor's performance in terms of personal and professional achievement. Evaluation and documentation of a new instructor’s performance in the clinical area shall be completed by the nurse coordinator.

7.9.1.n. Either individually or in collaboration with the administrator of the sponsoring agency, evaluate and document, annually an experienced faculty member’s performance in terms of personal and professional achievement. Evaluation and documentation of an instructor’s performance in the clinical area shall be completed by the nurse coordinator.

7.9.2. The nurse coordinator is not expected to carry a teaching load equal to that of other faculty members. The sponsoring agency administrator shall allot adequate time to the nurse coordinator to carry out activities related to coordination of the program.

7.9.3. The nurse coordinator may:

7.9.3.a. Develop course outlines and lesson plans for teaching the nursing skills and related courses;

7.9.3.b. Direct and supervise student learning in the classroom and clinical areas;

7.9.3.c. Evaluate and record student performance;

7.9.3.d. Participate in the counseling and guidance of students related to their course of instruction; and

7.9.3.e. Perform other duties, related to the program of practical nursing, assigned by the sponsoring agency administrator.

7.9.4. The instructors shall:

7.9.4.a. Develop course outlines and lesson plans for teaching nursing skills and related courses;

7.9.4.b. Direct and supervise student learning in the classroom and clinical areas;

7.9.4.c. Evaluate and record student performance;

7.9.4.d. Participate in the counseling and guidance of students related to their course of instruction;

7.9.4.e. Assist with administrative duties when requested by the nurse coordinator or sponsoring agency administrator including the reviewing, testing and selecting of students; and

7.9.4.f. Perform other duties, related to the program of practical nursing, assigned by the nurse coordinator.

W. Va. Code R. § 10-1-8 Program of Instruction

8.1. The program of instruction shall be 12 months in length unless the sponsoring agency administrator provides written justification for the change in program length to the board and the variance is approved by the board.

8.2. Curriculum concepts.

8.2.1. The faculty should develop the philosophy and student terminal objectives for the program. The faculty shall use these philosophy and objectives as a basis for curriculum development.

8.2.2. The faculty should plan the curriculum for the program of practical nursing to meet community nursing needs. The faculty shall consider current concepts in health care and the changing roles of all levels of nursing in developing and evaluating the curriculum.

8.2.3. The faculty shall place emphasis on development and achievement of measurable objectives for the total program based upon the recommended number of clock hours. The faculty may adapt and enrich curriculum in accordance with stated objectives, clinical resources and facilities.

8.2.4. The faculty shall utilize current educational concepts and methods of teaching including integration of content, career mobility, and individualized and competency based instruction where appropriate in the curriculum.

8.2.5. The faculty may make major curriculum changes only after written consultation with the board's Executive Secretary or the board.

8.3. Curriculum content.

8.3.1. The faculty shall develop a master plan of the curriculum and shall make the master plan available to students. The master plan shall show length and sequence of courses, areas of content to be covered and classroom and clinical settings to be used.

8.3.2. The master plan shall provide evidence that the curriculum is designed to meet the objectives of the program and shall identify that:

8.3.2.a. Classroom and clinical instruction meet the physical and psychosocial needs of all age groups;

8.3.2.b. Concurrent learning experiences in theory and clinical practice emphasize basic nursing principles and procedures related to nursing;

8.3.2.c. Clinical practice begins the third week of the program to facilitate concurrent learning;

8.3.2.d. Basic concepts of nutrition, anatomy, physiology, pharmacology, mental health, communications, history and trends in nursing, vocational responsibilities, computer skills and family living are integrated into the program;

8.3.2.e. Learning is arranged to progress from simple procedures to complex procedures; and

8.3.2.f. Clinical instruction is included for medical, surgical, geriatric, mental health, maternal infant care, pharmacology, and pediatric areas.

8.3.3. The faculty shall utilize acute, long-term and community health facilities and agencies in the program if appropriate learning experiences are available. The faculty shall utilize specialty areas, such as intensive care, coronary care and emergency rooms in the program only with faculty supervision and after providing written justification to the board.

8.4. The board suggests the following subjects and combined classroom and clinical instructional hours.

Subject Actual Instructional Time Principles and Fundamentals 200 Social Sciences Integrated * 150 Anatomy and Physiology 60 Nutrition and Diet Therapy 40 Pharmacology 80 Medical-Surgical ** 450 Geriatrics 100 Psychiatric Nursing 100 Obstetrics 60 Pediatrics 60 Total Instructional Hours 1,300 * To include ethical and legal responsibilities such as advance directives, advocacy, professional boundaries, confidentiality, client rights, organ donation, informed consent, incident reporting, resource management, scope of practice, delegation/assignment, leadership, legal standards, endorsement, continuing competence, and grounds for disciplinary action including procedures and penalties. ** To include prevention and early detection of health problems.

8.5. The faculty shall devote not less than ¼ nor more than ½ of the actual instructional time to theory unless the faculty provides written justification for a waiver of the requirements for instructional time devoted to theory to the board and the waiver is approved by the board.

8.6. Delivery of instruction by distance education methods must be consistent with the program curriculum plan. Students utilizing this mode of learning must meet the goals, competencies, and objectives of the educational program and standards of the board.

8.7. At the discretion of the coordinator, the use of reputable “virtual clinical experiences” as found on the internet, CD-ROM, or other electronic media may be utilized by faculty to supplement clinical experiences which are not available or in other circumstances in which supplemental clinical information is needed; i.e., “snow days”, etc. The use of “virtual clinical experiences” shall not be used to completely replace actual patient care experience for clinical instruction in any course.

8.8. Rotation plan.

8.8.1. The nurse coordinator shall develop and post a complete rotation plan for each student showing daily classroom theory content and corresponding clinical practice for all nursing practice experiences.

8.8.2. The nurse coordinator should develop the rotation plan in cooperation with the affiliating facilities and agencies, taking into consideration available clinical services, quantity and quality of supervision for students and requirements of the board.

8.8.3. The nurse coordinator and the affiliating agency may, by mutual agreement, change the established plan for rotation of students through the clinical services.

8.9. Faculty Supervision of Students.

8.9.1. The board recommends that both faculty and students carry liability insurance.

8.9.2. The program faculty shall supervise all clinical practice.

8.9.3. Faculty members shall be registered professional nurses. A licensed practical nurse may be employed by the sponsoring agency to aid the program faculty in the supervision of the students' laboratory and clinical practice provided that a registered nurse faculty member is immediately available for consultation. The sponsoring agency shall base student-teacher ratio, as specified in section 7.2. of this rule, on the number of registered professional nurse faculty members.

8.9.4. The faculty shall select clinical practice areas that offer the student the opportunity to observe and practice good nursing care. Faculties are encouraged to use West Virginia facilities. The faculty shall periodically evaluate clinical practice areas to assure that adequate experiences are available to meet program objectives.

8.9.5. The overall objective of a program is to prepare the student to provide safe and effective nursing care; however, the affiliating agency is responsible for the provision of service to patients. The nursing service needs of the patients should not take precedence over the educational needs of the student.

8.9.6. A representative of the board shall review a program's clinical facilities when new facilities are added. The sponsoring agency shall request this visit.

8.9.7. Students assigned to community agencies, i.e., clinics, nursery schools, day care centers, community health agencies, rehabilitation centers, doctors' offices, mental health centers and other available health agencies may be supervised by a licensed nurse or physician employed by that agency in lieu of a faculty member of the program, provided that the students do not provide direct patient care. The faculty shall develop written objectives for the experience. The written objectives shall relate to the overall objectives for the program.

8.9.8. Clinical preceptors may be used to enhance clinical learning experiences after the student has received theory and clinical instruction including competency demonstration in the area of the specific clinical learning experience. Preceptors shall:

8.9.8.a. Hold a current unencumbered license as either a licensed practical nurse or registered professional nurse in the state in which the clinical experience is to be held;

8.9.8.b. Have evidence of clinical competencies related to the area of assigned clinical responsibilities with students;

8.9.8.c. Serve as a role model to students;

8.9.8.d. Be assigned as a preceptor to no more than 2 students at any time;

8.9.8.e. Not be used to replace clinical instructors as faculty retains responsibility for student learning and conferring with preceptors and students for monitoring and evaluating learning experiences; and

8.9.8.f. Have documentation which will also be shared with the sponsoring agency of orientation to the program outcomes, student learning objectives, evaluation methods, and role expectations of the student, faculty, and preceptor.

8.10. Instruction.

8.10.1. The scheduled instructional time for classroom and clinical experiences shall not exceed 32 hours per week.

8.10.2. A final passing score of "C" is required in each course.

8.11. Classroom instruction.

8.11.1. The faculty shall develop and utilize a written outline for each course of instruction which includes a plan for each lesson. Each lesson shall contain behavioral objectives, an outline of lesson content, time allotment for the lesson, teaching methods, evaluation methods, visual aids and reference materials.

8.11.2. The behavioral objectives and the corresponding outline of lesson content shall be consistent with and shall contribute to the achievement of the objectives of the program.

8.11.3. The scheduled learning experiences for a unit of content shall be consistent with the master plan and rotation schedule and shall provide for concurrent clinical instruction.

8.11.4. The time allotted to each lesson shall be consistent with the content to be covered and the learning expected of the students.

8.11.5. The content of the program and teaching methods shall reflect current concepts and practices in nursing education.

8.12. Clinical instruction.

8.12.1. The faculty shall develop written objectives for each area of clinical instruction and shall contribute to the achievement of the objectives of the program. Clinical learning experiences shall:

8.12.1.a. Be concurrent with classroom instruction for a given course;

8.12.1.b. Be of adequate length to permit the instructor to modify the planned assignments to meet the needs of individual students;

8.12.1.c. Be selected by the program's faculty on the basis of their contribution to the objectives of the course and the total program;

8.12.1.d. Include instructor-student pre- and post-conferences related to the care of patients;

8.12.1.e. Include the opportunity for students to participate in staff conferences and inservice education programs;

8.12.1.f. Provide for students to assist with the preparation, implementation and continuing evaluation of the nursing care plan for individual patients; and

8.12.1.g. Provide for regular evaluation of the student's achievement utilizing measurable performance objectives.

8.12.2. The sponsoring agency shall require that a student satisfactorily achieve the clinical performance objectives to progress in the program.

8.13. Affiliation agreements.

8.13.1. When a sponsoring agency that conducts a program of practical nursing enters into any type of cooperative relationship for provision of student experiences with another agency, the sponsoring agency shall execute a written agreement with the other agency.

8.13.2. An Administrative representative of each agency concerned with the program shall meet to establish their respective responsibilities. The responsible persons of each agency shall sign an agreement before the board may grant final approval for use of the facility. Each agreement shall state clearly the responsibilities of each agency with regard to the educational program and the welfare of the student. If a program is using clinical preceptors, the agreement shall expressly state the expectations the preceptors are to fulfill. The agreement shall be available for review by the board.

8.13.3. The agreement shall include:

8.13.3.a. The names of the respective agencies;

8.13.3.b. The effective date of the agreement;

8.13.3.c. The length of notice required by either party to terminate the agreement;

8.13.3.d. The signature, title and date the agreement was signed, for the administrative representatives from both agencies involved;

8.13.3.e. Provision for coordinated planning between the faculty and agency;

8.13.3.f. The responsibilities of the sponsoring agency to:

8.13.3.f.1. Appoint qualified faculty to teach, supervise and counsel students;

8.13.3.f.2. Provide basic learning experiences related to clinical assignment prior to assignment in the clinical area;

8.13.3.f.3. Arrange for orientation and supplemental teaching by agency personnel;

8.13.3.f.4. Select student clinical experience;

8.13.3.f.5. Maintain student records as relevant to the clinical experience;

8.13.3.f.6. Notify the affiliating agency of the inclusive dates of the affiliation and the expected numbers of students, in advance;

8.13.3.f.7. Schedule an annual conference for review of the program and its objectives, including the rotation plan; and,

8.13.3.f.8. Prepare a written evaluation of the clinical experiences.

8.13.3.g. The nurse coordinator shall retain a copy of the evaluation for review during accreditation site visits.

8.13.3.h. The responsibilities of the affiliating agency to;

8.13.3.h.1. Provide specific clinical learning experiences;

8.13.3.h.2. Make available conference areas and reference materials; and

8.13.3.h.3. Meet with the program faculty at regular intervals for evaluation of the program and student experiences:

8.14. Curriculum Evaluation.

8.14.1. The faculty shall evaluate the program of instruction at least once every 2 years.

8.14.2. The faculty shall utilize a variety of resources when evaluating the program, including, but not limited to textbooks and references used in the program, student evaluations, graduate and graduate employer evaluations, clinical facility evaluations, advisory committee or other recommendations from the local community, student performance on the national licensure examination, and the most current job analysis and test plan used to develop the national licensure examination.

8.15. Student Evaluation.

8.15.1. The faculty shall evaluate a student's progress in the clinical area at regular intervals. The student shall participate in this evaluation.

8.15.2. The faculty shall use standardized achievement tests in addition to the faculty designed testing program.

W. Va. Code R. § 10-1-9 Students

9.1. Selection of students.

9.1.1. An Applicant shall have completed the tenth grade or its equivalent, as required by W. Va. Code §30-7A-3. Applicants shall hold a high school or equivalency diploma if a program wishes to participate in federal student loan programs. The faculty should use standardized tests specific to nursing that measure general intelligence and evaluate academic achievements on high school, college and GED transcripts when considering applicants. The nurse coordinator shall file a copy of the admission criteria, including the pre-entrance test used and the minimum acceptable score for admission, with the board.

9.1.2. Readmission, transfer, withdrawal and advance standing.

9.1.2.a. The faculty shall prepare the written policies and evaluation procedures for readmission, transfer, withdrawal and advance standing of students. The nurse coordinator shall decide whether to accept transfer of a student.

9.1.2.b. A student shall be enrolled in a program for a minimum of 90 days before a diploma may be granted, in order to allow the faculty sufficient time to evaluate the students achievements in theory and skills.

9.1.2.c. The nurse coordinator shall prepare a final transcript of the student's grades showing credits granted from the original program and credits granted from the program graduating the student.

9.1.2.d. An applicant shall meet the requirements of the board to be eligible to take the licensure examination.

9.2. The board may refuse to admit an applicant to the licensure examination who has been convicted of a felony, is habitually intemperate or addicted to the use of habit forming drugs, who is mentally incompetent or who is guilty of professional misconduct including conviction of a misdemeanor with substantial relationship to the practice of practical nursing. West Virginia State Board of Examiners for Licensed Practical Nurses Policies Regulating Licensure, of the Licensed Practical Nurse 10CSR2. The sponsoring agency should require that students accepted into the program have a pre-admission criminal history records check. The sponsoring agency shall develop written policies which relate to admission of students with a criminal history. The written policy shall include a statement advising the applicant to contact the board office to discuss the potential impact of a criminal conviction on the board application and licensure process as a practical nurse at the completion of the practical nursing program.

9.3. The sponsoring agency shall require that students accepted into the program have a pre-admission physical, a drug screen, a tuberculosis skin test or chest x-ray, immunization for Hepatitis B, as well as other immunizations as recommended by the Centers for Disease Control. The board recommends that a student have a pre-admission dental examination with dental repairs. The program's faculty shall develop policies related to student health services.

9.4. The sponsoring agency should develop a written policy which provides for random drug screening during the course of the instructional year.

9.5. The faculty shall develop written policies regarding absences due to illness or other causes.

9.6. The sponsoring agency shall determine the number and schedule of vacation days and holidays. The board recommends a minimum of 3 weeks vacation and all legal holidays.

9.7. The sponsoring agency should provide for qualified counseling services for the students. The faculty should refer students to the qualified counseling service for problems which are not related to the course of instruction.

9.8. The sponsoring agency shall establish written policies regarding the scholastic and personal achievement required of students for graduation from the program. Students receiving a diploma indicating satisfactory completion of an accredited program in practical nursing are eligible to apply to take the licensure examination.

W. Va. Code R. § 10-1-10 Records, Reports and Bulletins

10.1. The program faculty shall maintain a comprehensive record for each student currently enrolled including:

10.1.1. Admission records including interview results, the pre-admission test scores, references and transcripts for all previous education;

10.1.2. Health records including physical and dental examinations, and records of immunizations;

10.1.3. Counseling records;

10.1.4. A record of instruction while in the program; and

10.1.5. An evaluation of the student's progress and grades.

10.2. The sponsoring agency shall keep an individual permanent folder for each student who graduated. The graduate's permanent record shall include:

10.2.1. The high school transcript, GED score or proof of completion of the tenth grade;

10.2.2. A record of the grades on the admission examination and standardized tests administered during the program;

10.2.3. A transcript of grades with an interpretation of each credit or unit; and

10.2.4. Licensure examination results.

10.3. The sponsoring agency shall keep an individual file for students who do not complete the program for 5 years from the date the student leaves the program. The individual file shall include:

10.3.1. Entrance and departure dates;

10.3.2. The high school transcript, GED score or proof of completion of tenth grade;

10.3.3. A transcript of grades for courses completed; and

10.3.4. A brief counseling and anecdotal record.

10.4. The nurse coordinator shall submit a final transcript, including the title of courses taken, clinical and theory grades, and clock hours or an interpretation of credits or units completed, for each graduate practical nurse who applies for the licensure examination.

10.5. The nurse coordinator shall indicate on the application to the board for examination for each program graduate whether a criminal history records check was conducted upon admission to the program or during the course of the program. The nurse coordinator shall submit with the application a true copy of all documents received from any law enforcement agency indicating conviction of any crime. The student with a positive criminal history records check will also submit with the application to the board an explanation of the events surrounding the conviction.

10.6. The sponsoring agency is responsible for safeguarding student records so that graduates may obtain copies of their transcripts.

10.7. The sponsoring agency offering a program in practical nursing should publish a brochure or bulletin of information for prospective students.

10.8. The nurse coordinator shall submit an annual report to the board, on forms provided by the board, within 30 days of completion of a program.

10CSR1

10CSR1

Series 02 Policies Regulating Licensure of the Licensed Practical Nurses

W. Va. Code R. § 10-2-1 General

1.1. Scope. -- This legislative rule establishes the Policies Regulating Licensure of the Licensed Practical Nurse.

1.2. Authority. -- W. Va. Code §§30-7A-5; 30-7A-6; 60-7A-10; 30-1-6(b).

1.3. Filing Date. -- April 7, 2014.

1.4. Effective Date. -- May 15, 2014.

W. Va. Code R. § 10-2-2 Qualifications for Licensure

2.1. Any person who wishes to obtain a license to practice practical nursing shall submit to the board satisfactory evidence that he or she:

2.1.a. is of good moral character;

2.1.b. has at least a tenth grade education or its equivalent;

2.1.c. completed a course of study in an accredited program of practical nursing as defined by the board, in West Virginia State Board of Examiners for Licensed Practical Nurses Rule, Policies and Procedures for Development and Maintenance of Educational Programs in Practical Nursing,10 CSR 1, or a program approved by a board that licenses Licensed Practical Nurses in another state or US territory.and holds a diploma from the program.

2.1.d. completed any other general education requirements prescribed by the board.

2.2. Any person who served on active duty in the medical corps of any of the Armed Forces of the United States for at least one (1) year within the three (3) year period immediately preceding the date of application, shall submit satisfactory evidence that he or she:

2.2.a. successfully completed the course of instruction required to qualify him or her for rating as a medical specialist advanced, medical service technician, advanced hospital corpsman, medical service specialist, Class "A" hospital corpsman, or other equivalent rating in his or her branch of the armed forces; and

2.2.b. received an "honorable" discharge.

2.3. Any applicant who was educated in a nursing program in a country located outside of the United States or its territories shall meet the following requirements for licensure:

2.3.a. satisfactory completion of a basic nursing education program approved by an accrediting body or other authority whose role it is to approve nursing programs in the country where the program is located.

2.3.a.1. The nursing education program must be equivalent to the minimum standards prevailing for state board approved schools of practical nursing in West Virginia at the time of graduation as evidenced by verification by a board approved credentials review agency; and,

2.3.a.2. The applicant shall successfully complete any deficiencies in the nursing program (theory and clinical practice) in a state board approved school of nursing;

2.3.b. verification of successful passage of an English proficiency exam that includes the components of reading, speaking, writing and listening, except for applicants from countries where English is the native language, and the nursing program where the applicant attended was taught in English and used English textbooks.

2.3.c. If duly licensed in another country, provide official verification, translated into English, from the licensing authorities in that country including licensure status and any disciplinary actions taken.

W. Va. Code R. § 10-2-3 Examination for Licensure

3.1. All applicants shall pass a United States national licensure examination prior to licensure.

3.2. The board shall contract with the National Council of State Boards of Nursing, Inc. for use of the national licensure examination.

3.3. The board shall use the national passing standard established by the National Council of State Boards of Nursing, Inc. as the passing score for the licensure examination.

W. Va. Code R. § 10-2-4 Licensure by Examination

4.1. An applicant for licensure by examination shall obtain an application for examination from the board and return it to the board office with the fee required in, West Virginia State Board of Examiners for Licensed Practical Nurses Rule, Fees for Services Rendered by the Board, 10 CSR 4, prior to the licensure examination.

4.1.a. A graduate of an accredited program of practical nursing shall cause the program of practical nursing from which he or she graduated to send a copy of his or her official transcript directly to the board office.

4.1.b. A veteran shall submit to the board office a photostatic copy of the certificate issued to him or her upon completion of his or her course of instruction and a copy of his or her discharge from the armed forces and shall cause the Personnel Records Division of the Armed Forces to provide copies of training and discharge records directly to the Board office.

4.1.c. A graduate of a program of practical nursing located outside the United States or its territories shall cause a complete transcript, translated into English, to be sent to the Board office directly from the nursing program.

4.2. Each applicant for licensure by examination is subject to a criminal history records check. Each applicant shall furnish to the agency a full set of fingerprints for purposes of conducting a criminal history record check. Records shall be checked through the criminal identification bureau of the West Virginia State Police, a similar agency within the applicant's state of residence, and the United State Federal Bureau of Investigation. An applicant is exempt from this requirement if a criminal history records check was conducted within the 24 months preceding the date of application to the board, if the results were unremarkable and are verified by a source acceptable to the board other than the applicant. An applicant shall report to the board any criminal conviction, nolo contendre plea, Alford plea, deferred judgment, or other plea arrangement in lieu of conviction.

4.3. An applicant who has had a substance use disorder within the past five years shall submit to a substance use disorder evaluation conducted by a board approved practitioner to verify that the applicant is capable of safely practicing nursing prior to issuance of a license.

4.4. An applicant for licensure by examination who is a graduate of an accredited program in practical nursing, may work under the direct supervision of a registered professional nurse, licensed physician, or licensed dentist and render nursing services during the period between graduation and notification of the results of the first licensing examination following graduation upon issuance of a temporary permit from the board. The board shall issue a temporary permit, valid for up to ninety (90) days from the date of graduation, to cover the period of time between graduation and notification of the results of the first licensing examination. A candidate who does not pass the licensure examination on the first attempt shall return the temporary permit to the board office within three (3) days of receipt of the notice that he or she did not pass the examination. The board may not extend the temporary permit.

W. Va. Code R. § 10-2-5 Notification of Examination Results

5.1. The board shall notify, in writing, each applicant who has passed the licensure examination and shall send to the applicant a certificate of original licensure and a license to practice as a licensed practical nurse in West Virginia for the current year.

5.2. The board shall notify, in writing, each applicant who does not pass the licensure examination. The applicant shall not accept employment as a licensed practical nurse, except as provided for in subsection 4.4. of this rule, until he or she passes the licensure examination.

5.3. If the candidate authorizes release of examination results to the program, the board shall notify the program from which the candidate graduated that the candidate either passed or failed the licensure examination.

5.4. An applicant who does not pass the licensure examination for practical nurses and wishes to take the licensure examination for a second time shall notify the board office, in writing. The board fee for the second licensure examination is the same as for the first time applicant. The board does not charge a fee to take the examination for the third time. The board fee for successive licensure examinations is the same as for the first time applicant.

W. Va. Code R. § 10-2-6 Licensure by Waiver

6.1. The board shall not issue a license by waiver.

6.2. Any person who obtained a license by waiver prior to June 30, 1968, and completes extension courses equal in theory to that of a graduate of an approved practical nursing program, as determined by the Board, may take the licensure examination prescribed by the Board for graduate practical nurses and obtain a license without the designation "Waiver" on the license.

W. Va. Code R. § 10-2-7 Licensure by Endorsement

7.1. The board shall issue a license by endorsement to any applicant who is duly licensed or registered as a practical nurse, or who is entitled to perform similar services under the same or a different title in any other state, territory or foreign country, if the applicant meets other requirements for licensed practical nurses in this state.

7.2. Each applicant for endorsement is subject to a criminal history records check. Each applicant shall furnish to the agency a full set of fingerprints for purposes of conducting a criminal history record check. Records are checked through the criminal identification bureau of the West Virginia State Police, a similar agency within the applicant's state of residence, and the United States Federal Bureau of Investigation. An applicant is exempt from this requirement if a criminal history records check was conducted within the 12 months preceding the date of application to the board, if the results were unremarkable and are verified by a source acceptable to the board other than the applicant. An applicant shall report to the board any criminal conviction, nolo contendre plea, Alford plea, deferred judgment, or other plea arrangement in lieu of conviction.

7.3. An applicant who has had a substance use disorder within the past five years shall submit to a substance use disorder evaluation conducted by a board approved practitioner to verify that the applicant is capable of safely practicing nursing prior to issuance of a license.

7.4. An applicant who has had disciplinary action taken or initiated against a professional or occupational license, registration or certification shall provide documentation to the board from the authority which has taken or initiated such action. The board shall evaluate this information to determine the individual’s ability to practice nursing safely.

7.5. An applicant who is currently participating in an alternative to discipline program in any other jurisdiction shall disclose this participation at the time of application to the board.

7.6. An applicant for endorsement shall complete an endorsement application and submit the fee required in West Virginia State Board of Examiners for Licensed Practical Nurses Rule, Fees for Services Rendered by the board, 10 CSR 4. The applicant for endorsement shall have the board of nursing in the state of original licensure send verification of original licensure to the board office. Upon receipt of the application for endorsement, the fee, and verification of current licensure in another state, the board may issue a letter of intent to endorse. The applicant for endorsement may use the letter of intent to endorse, in conjunction with a current license from another state, for employment as a licensed practical nurse in West Virginia for a maximum of six (6) months. The board shall not renew the letter of intent to endorse.

W. Va. Code R. § 10-2-8 Endorsement to Another State

The board shall provide verification of original licensure and verification of current licensure to another state upon receipt of a written request from the licensee, a request from a board of nursing in another state, and payment of the fee required in West Virginia State Board of Examiners for Licensed Practical Nurses, Fees for Services Rendered by the Board, 10 CSR 4. Should the board participate in the licensure verification system as maintained by the National Council of State Boards of Nursing, the licensee shall follow the process of endorsement to another state in accordance with the procedures set in place for that system.

W. Va. Code R. § 10-2-9 Annual Renewal of License

9.1. Each license issued by this board expires on June 30 of each year. In order to continue practicing a licensee shall renew his or her license annually.

9.1.a. The board shall renew the license of each licensee upon receipt of:

9.1.a.1. a completed application for renewal of the license;

9.1.a.2. a statement in each even numbered year from the renewal applicant that he or she meets the continuing competence requirements specified in West Virginia State Board of Examiners for Licensed Practical Nurses Rule, Continuing Competence, 10 CSR 6; and

9.1.a.3. the fee for renewal of a license as provided in West Virginia State Board of Examiners for Licensed Practical Nurses Rule, Fees for Services Rendered by the Board,10CSR4.

9.2. A license for which a renewal application is postmarked after June 30 is lapsed.

9.2.a. The board may reinstate a lapsed license upon receipt of:

9.2.a.1. a completed application for reinstatement of the lapsed license;

9.2.a.2. verification that the reinstatement applicant meets the continuing competence requirements specified in West Virginia State Board of Examiners for Licensed Practical Nurses Rule, Continuing Competence, 10 CSR 6; and

9.2.a.3. the fee for reinstatement of a lapsed license as provided in West Virginia State Board of Examiners for Licensed Practical Nurses Rule, Fees for Services Rendered by the Board, 10 CSR 4.

9.3. Any person practicing practical nursing without a current license, valid temporary permit or current letter of intent to endorse is considered an illegal practitioner and is subject to the penalties provided for in W. Va. Code §30-7A-10. 9.4 During periods when a licensee is on active duty as a member of the Armed Forces of the United States, the National Guard of this state or any other state, or any other military reserve component and deployed outside of this state, and for six months after discharge from active duty, the license shall continue in good standing and shall be renewed without payment of any dues or fees for the maintenance or renewal of the license and without meeting continuing education requirements for the license when circumstances associated with military duty prevent the individual from obtaining the required continuing education.

9.4.a. The licensee shall submit a waiver request to the board in writing informing the board of circumstances which include, but are not limited to, deployment outside of the United States or in any combat area.

9.4.b. During periods when the licensee is accompanying his or her spouse who is on active duty as a member of the Armed Forces of the United States, the National Guard of this state or any other state or any other military reserve component and deployed outside of this state, and for six months after discharge from active duty, the license of that person shall continue in good standing and shall be renewed without payment of any dues or fees for the maintenance or renewal of the license and without meeting continuing education requirements for the license when circumstances associated with accompanying a spouse on military duty prevent the individual from obtaining the required continuing education.

9.4.c. The licensee shall submit a waiver request to the board in writing informing the board of these circumstances which include, but are not limited to, deployment outside of the United States or in any combat area.

W. Va. Code R. § 10-2-10 Non-Practicing Status

Any person with a current West Virginia license may request non-practicing status. While on non-practicing status, the person may not be employed as a licensed practical nurse and is not subject to the payment of licensing fees. A person requesting non-practicing status is not subject to the continuing competence requirements in West Virginia State Board of Examiners for Licensed Practical Nurses Rule, Continuing Competence, 10CSR6.

10.1. The board may reinstate a license from non-practicing status upon receipt of:

10.1.a. a completed application for reinstatement of the license from non-practicing status;

10.1.b. verification that the reinstatement applicant meets the continuing competence requirements specified in West Virginia State Board of Examiners for Licensed Practical Nurses Rule, Continuing Competence, §10CSR6; and

10.1.c. the fee for reinstatement of a license from non-practicing status as provided in West Virginia State Board of Examiners for Licensed Practical Nurses Rule, Fees for Services Rendered by the Board, §10CSR4.

10.2. An applicant who is currently participating in an alternative to discipline program in any other jurisdiction shall disclose this participation at the time of application to the board. §10.2.11. Change of Name or Address, Duplicate License.

11.1. A licensee shall notify the board of a change in his or her name or address.

11.2. A licensee may request a duplicate license if he or she changes his or her name or address. The board shall issue the duplicate license providing the current license is returned to the board office with the current fee required in West Virginia State Board of Examiners for Licensed Practical Nurses Rule, Fees for Services Rendered by the Board, 10 CSR 4. A copy of a marriage certificate, divorce decree, or an order of a court of competent jurisdiction is required for a name change. There is no fee for name and address changes requested at the time a license is renewed or reinstated or if a duplicate license is not requested.

11.3. A licensee may request a duplicate license in the event of loss of the original license. The licensee shall complete an affidavit verifying loss and submit the affidavit to the Board with the current fee required in West Virginia State Board of Examiners for Licensed Practical Nurses Rule, Fees for Services Rendered by the Board, 10 CSR 4, prior to the board issuing a duplicate license. §10-2.12. Disciplinary Proceedings: Grounds for Discipline

12.1. The Board may take disciplinary action in accordance with Chapter 29A of the W. Va. Code, upon satisfactory proof that an applicant for endorsement or examination, or a licensee:

12.1.a. is guilty of fraud or deceit in procuring or attempting to procure a license to practice practical nursing which includes:

12.1.a.1. falsely representing facts on an application for licensure by examination or licensure by endorsement or on an application for renewal or reinstatement of a license; or

12.1.a.2. having another person appear in his or her place or impersonating an applicant for examination, endorsement or renewal or reinstatement of a license;

12.1.b. has been convicted of a felony;

12.1.c. is habitually intemperate or is addicted to the use of habit-forming drugs;

12.1.d. is mentally incompetent;

12.1.e. is guilty of professional misconduct, which includes but is not limited to:

12.1.e.1. impersonated another licensed practitioner, or permitted another person to use his or her license for the purpose of nursing for compensation;

12.1.e.2. provided false or incorrect information to an employer regarding the status of a license;

12.1.e.3. practiced practical nursing in the State of West Virginia without a current West Virginia license, a valid temporary permit, or a letter of intent to endorse, except as provided in W. Va. Code §30-7A-9;

12.1.e.4. failed to report through proper channels the incompetent, unethical, or illegal practice of another person who is providing health care;

12.1.e.5. practiced practical nursing with gross incompetence or gross negligence on a particular occasion, or incompetence or negligence on more than one occasion;

12.1.e.6. practiced practical nursing while the ability to practice is impaired by alcohol, drugs, physical disability, or mental disability;

12.1.e.7. was found guilty of improper professional practice or professional misconduct by a duly authorized professional disciplinary agency of another state or territory where the conduct upon which the finding was based would, if committed in this state, constitute professional misconduct under the laws of this state;

12.1.e.8. permitted, aided or abetted an unlicensed, uncertified, or registered person to perform activities requiring a license, certificate or registration;

12.1.e.9. practiced practical nursing while his or her license was suspended;

12.1.e.10. willfully failed to register or notify the Board of any changes of name or mailing address;

12.1.e.11. was convicted of a felony or a misdemeanor with substantial relationship to the practice of practical nursing in a court of competent jurisdiction;

12.1.e.12. failed to follow established policies and procedures in the practice setting to safeguard patient care;

12.1.e.13. abandoned patients by terminating responsibility for nursing care, intervention, or observation without properly notifying appropriate personnel and ensuring the safety of patients;

12.1.e.14. committed an intentional act which could adversely affect the physical or psychological welfare of a patient;

12.1.e.15. physically or verbally abused, or failed to provide adequate protection or safety for an individual in the context of a nurse/patient relationship;

12.1.e.16. used the nurse/patient relationship to exploit or influence a patient including but not limited to exploiting a patient for financial gain or engaging in a sexual or romantic relationship with a patient;

12.1.e.17. refused or failed to report for a physical or mental examination, including but not limited to laboratory or other tests, requested by the board;

12.1.e.18. failed to exercise technical competence in carrying out nursing care;

12.1.e.19. misappropriated medications, supplies, or personal items of a patient or the employer;

12.1.e.20. self-administered, administered to another, knowingly participated in or permitted the administration of, any prescription drug without a legal, valid prescription, or the use or administration of any illegal drug;

12.1.e.21. falsified patient records, intentionally charted incorrectly; or failed to document appropriately to maintain an accurate record for each patient;

12.1.e.22. knowingly falsified an application for employment;

12.1.e.23. failed to conform to standards of nursing practice as defined in West Virginia State Board of Examiners for Licensed Practical Nurses Rule, Legal Standards of Nursing Practice, 10 CSR 3;

12.1.e.24. knowingly provided false information regarding completion of continuing competency requirements for renewal, reinstatement or endorsement of a license;

12.1.e.25. failed to comply with terms and conditions imposed by the board based on previous disciplinary action of the board;

12.1.e.26. impeded or obstructed an investigation by the board by failing to comply or respond to requests for action or information, whether the failure is intentional or merely negligent;

12.1.e.27. violated the confidentiality of information or knowledge concerning a patient; and,

12.1.e.28. engaged in conduct that violates the security of the licensure examination or the integrity of the examination results;

12.1.e.29. other acts, which in the opinion of the board, constitute professional misconduct.

12.1.f. Practiced or attempted to practice without a license or continued violation of any of the provisions of W. Va. Code §30-7A-1 et. seq.

W. Va. Code R. § 10-2-13 Complaint procedures

13.1. Any individual may make a complaint to the board concerning a licensee.

13.2. The board may accept an anonymous complaint if the information provided is adequate to begin an investigation.

13.3. The board shall accept a complaint in writing, by phone or in person. The board may provide a form for the purpose of submitting a written complaint, but shall accept a complaint if the information includes:

13.3.a. the alleged violation which prompted the complaint;

13.3.b. the name and address of the individual against whom the complaint is lodged;

13.3.c. the date or dates the incident or incidents occurred; and

13.3.d. the name or names of witnesses to the incident.

13.4. All complaints shall be referred to the Executive Secretary, Assistant Executive Secretary or Counsel for the Board, who shall act as a representative for the board.

13.5. The board shall maintain a complaint log which records the receipt of each complaint, and the nature and the disposition of the complaint.

13.6. The representative shall conduct an investigation to determine the validity of the allegations contained in the complaint.

13.7. The board shall issue subpoenas to gather necessary facts and evidence to determine the validity of the allegations contained in the complaint.

13.8. The board shall provide copies of complaint forms and other available evidence to the licensee against whom a complaint is filed. The licensee shall respond within fourteen (14) days of receipt of the complaint, to the allegations contained in the complaint by making an appointment with the staff representative to meet in person or by preparing a written statement and returning it to the board.

13.9. The representative for the board shall evaluate the complaint, licensee response and other investigative information to determine if a violation of law has occurred and to determine the need for additional investigation.

13.10. The representative for the board may recommend that a case be dismissed if probable cause for further action is not identified. Cases recommended for dismissal due to lack of probable cause shall be referred to the Disciplinary Review Committee of the board established by the board under West Virginia State Board of Examiners for Licensed Practical Nurses Rule, Open Meetings and Bylaws, 10 CSR 5, for review of the complaint and investigative information. The committee may approve dismissal of the case or direct the staff representative to proceed with further investigation if the committee believes further investigation is necessary.

13.11. The representative for the board may negotiate terms of a consent agreement, set forth in section 14 of this rule, with a licensee, if probable cause for disciplinary action is established.

13.12. The Disciplinary Review Committee shall review the terms of the consent agreement and all investigative information. The committee may approve the consent agreement, request revisions to the Consent Agreement or reject the consent agreement.

13.13. If the Disciplinary Review Committee rejects the consent agreement, the staff representative shall set the case for hearing.

13.14. If the licensee contests the allegations and refuses to enter into a consent agreement the representative shall set the case for hearing. All hearings shall be in accordance with the W. Va. Code, Chapter 29A, Administrative Procedures Act.

13.15. Members of Disciplinary Review Committee shall be disqualified from the formal hearing process if the case has been presented to the committee for consideration prior to the formal hearing.

13.16. A hearing shall be held before a hearing examiner or before members of the board.

13.17. The board shall make a determination on the matter based on the facts, evidence submitted, testimony and recommendations of the hearing examiner.

13.18. The board shall formulate and issue a final order which shall include findings of fact, conclusions of law and the decision of the board on the matter.

13.19. The licensee, his or her attorney of record, if any, and the individual who filed the complaint shall be provided with a copy of the decision and accompanying findings of fact and conclusions of law, whether it is the result of a formal hearing or the execution of a consent agreement.

13.20. The decision of the board is final unless reversed, vacated or modified upon judicial review.

W. Va. Code R. § 10-2-14 Investigations

14.1. Upon complaint or on its own initiative, the board or its representative may investigate conduct which is occurring or has occurred which violates West Virginia Code §30-7A-1 et seq., or rules governing the practice of licensed practical nursing.

14.2. For the purpose of conducting investigations:

14.2.a. The executive secretary or chairperson of the board may subpoena documents or witnesses;

14.2.b. The board may depose witnesses, take sworn statements, and collect other evidence;

14.2.c. The board may require a criminal history records check. The licensee under investigation shall furnish to the agency a full set of fingerprints for purposes of conducting a criminal history record check. Records are checked through the criminal identification bureau of the West Virginia State Police, a similar agency within the licensee's state of residence, and the United States Federal Bureau of Investigation.

14.2.d. The board may institute proceedings in the courts of this state to enforce its subpoenas for the production of documents and witnesses and its orders and to restrain and enjoin violations of West Virginia Code §30-7A-1 et seq., or rules governing the practice of licensed practical nursing;

14.2.e. The board shall review medical records during the course of its investigation, and shall remove patient identifying information from records which are introduced as evidence at any disciplinary hearing;

14.2.f. The board, or its representatives within the limits of authority granted by the board, may employ investigators, consultants and other employees as necessary to assist in an investigation;

14.2.g. All powers of the board and its representatives may be exercised to investigate a matter, even if a hearing or disciplinary action does not result from the investigative findings; and

14.2.h. Upon a finding of probable cause that a basis for disciplinary action exists, the board may require a licensed practical nurse to submit to a physical or mental examination by a practitioner approved by the board. Any individual who applies for or accepts the privilege of practicing as a licensed practical nurse in this state is considered to have given consent to submit to all these examinations when requested to do so in writing by the board and to have waived all objections to the admissibility of the testimony or examination report of any examining practitioner on the grounds that the testimony or report is privileged communication. If an applicant or licensee fails or refuses to submit to an examination under circumstances which the board finds are not beyond his or her control, this failure is prima facie evidence of his or her inability to practice as a licensed practical nurse competently and in accordance with accepted standards of practical nursing practice. A licensed practical nurse or person applying for licensure as a licensed practical nurse who is adversely affected by this provision may request a hearing before the board within thirty days of any action taken by the board.

W. Va. Code R. § 10-2-15 Disciplinary Proceedings: Disciplinary Action

15.1. The board shall afford every person subject to disciplinary proceedings an opportunity for a hearing.

15.1.a. If an applicant for licensure or a licensee fails to appear at a scheduled hearing or fails to reply to the notification of hearing, the charges specified may be taken as true and the board may proceed with disciplinary actions.

15.1.b. The board may impose a single penalty or a combination of penalties upon any person found guilty of any of the grounds for discipline, set forth in section 12 of this rule, in the follow manner:

15.2. For applicants for examination or endorsement:

15.2.a. The board may refuse to admit an applicant for the licensure examination; or

15.2.b. The board may deny licensure by endorsement.

15.3. For licensees:

15.3.a. The board may revoke a license;

15.3.a.1. The board may specify the minimum length of time the revocation shall remain in effect in the final order of revocation. If the board does not specify a minimum length of time for the revocation in the final order of revocation the revocation shall be effective for a minimum of five years;

15.3.a.2. An individual who has had his or her license revoked and who wishes to again become licensed as a licensed practical nurse shall apply as a new applicant for licensure and is subject to the same rules for original licensure as other applicants not previously licensed. The board shall consider all records pertaining to the revocation of the previously held license when considering the applicant for licensure;

15.3.b. The board may suspend a license for a period of not less than thirty (30) days, nor more than five (5) years. The board shall return the license to the licensee after the period of suspension has expired, provided the licensee meets all conditions set forth by the board at the time of the suspension;

15.3.c. The board may ask a licensee to voluntarily surrender his or her license and provide to the Board a statement concerning reasons for the surrender. The person may petition for reinstatement of the license one (1) year from the date of original surrender. The person shall furnish proof at the time that the licensee requests reinstatement that the conditions leading to the voluntary surrender no longer exist.

15.3.d. The board may permit a licensee to keep his or her license under a restricted license and to work within specified guidelines. The board shall note specific restrictions regarding practice on the license;

15.3.e. The board may permit a licensee to keep his or her license and continue to work. However, the licensee shall adhere to specific probationary conditions and the board shall closely monitor the licensee during the probationary period;

15.3.f. The board may issue a reprimand in writing and retain a copy in the file of the licensee;

15.3.g. The board may negotiate a settlement with the licensee, in the form of a consent agreement, for any charges pending against a licensee. The licensee, in accepting a consent agreement waives his or her right to a formal hearing on the charges, and accepts the terms and conditions set forth in the consent agreement. Any single penalty or a combination of penalties provided in this section may be imposed through consent between the board and the licensee;

15.3.h. The board may assess fees for monitoring a licensee's compliance with terms and conditions set forth in a consent agreement or order of the board. Monitoring fees may be payable on a quarterly basis or may be assessed as a part of the annual renewal fee. A licensee who fails to pay monitoring fees levied by the board as a part of a disciplinary proceeding, within the time period contained in this rule or as otherwise agreed upon between the parties, is not eligible for renewal of the license until the fee is paid;

15.3.i. The board may order a summary suspension if the board finds that public health, safety and welfare requires emergency action and incorporates a finding to that effect in its order, it may suspend a license, prohibiting the further practice of practical nursing, pending a hearing for revocation or other action. The board shall promptly institute and determine further disciplinary action; or

15.3.j. The board shall order a suspension without hearing when a prior hearing or plea agreement has occurred in another state or federal agency, or in a court of law. The board shall order suspension upon receipt of documentation from a court or agency, state or federal, that a person licensed by the board has had his or her license to practice as a licensed practical nurse revoked or suspended in another jurisdiction and has not had his or her license reinstated within that jurisdiction, or has been convicted, or entered a plea of guilty or nolo contendere to a felony or has been adjudged legally incompetent. The board shall notify the licensee or his or her legal guardian, trustee, committee or other representative of the suspension in writing to his or her address on record with the board. The notice shall include a copy of the order of the court or agency, certified by the Executive Secretary as the order received from the court or agency. The licensee shall not practice within this state until his or her license is reinstated by the board. A licensee whose license has been suspended as provided in this section may apply to the board for reinstatement of his or her license. The licensee is entitled to a hearing. The hearing shall be promptly instituted and determined.

10CSR2

10CSR2

Series 03 Legal Standards Of Nursing Practice For The Licensed Practical Nurse

W. Va. Code R. § 10-3-1 General

1.1. Scope. -- This legislative rule establishes minimum standards of safe practice for the Licensed Practical Nurse.

1.2. Authority. -- W. Va. Code '30-7A-5.

1.3. Filing Date. -- April 24, 2001.

1.4. Effective Date. -- May 24, 2001.

W. Va. Code R. § 10-3-2 Purpose of Standards

The purpose of this rule is:

2.1. to establish minimum acceptable levels of nursing practice for the licensed practical nurse; and

2.2. to serve as a guide for the board to evaluate the practice of the licensed practical nurse to determine if the practice is safe and effective.

W. Va. Code R. § 10-3-3 Standards Related to the Licensed Practical Nurses' Contribution to, and Responsibility for, the Nursing Process

The licensed practical nurse practicing under the direction of a registered professional nurse, licensed physician or licensed dentist shall:

3.1. contribute to the nursing assessment by collecting, reporting and recording objective and subjective data in an accurate and timely manner. Data collection includes, but is not limited to observations of:

3.1.a. the condition or change in the condition of a client; and

3.1.b. signs and symptoms of deviation from normal health status;

3.2. participate in the development of the strategy of care in consultation with other nursing personnel. Participation in the development of a strategy of care includes:

3.2.a. contributing to the identification of priorities;

3.2.b. contributing to setting realistic and measurable goals; and

3.2.c. contributing to the selection of nursing interventions which include measures to maintain comfort, support human functions and responses, maintain an environment conducive to well being, and provide health teaching and counseling;

3.3. provide nursing care under the direction of a registered professional nurse by:

3.3.a. caring for clients whose conditions are stabilized or predictable;

3.3.b. assisting with clients whose conditions are critical and/or fluctuating under the direct supervision of the registered professional nurse;

3.3.c. implementing nursing care according to the priority of needs and established practices;

3.3.d. providing an environment conducive to safety and health;

3.3.e. documenting nursing interventions and responses to care; and

3.3.f. communicating nursing interventions and responses to care to appropriate members of the health team.

3.4. Assign components of nursing care to other qualified persons; and

3.5. Contribute to the evaluation of the responses of individuals and groups to nursing interventions by:

3.5.a. monitoring the responses to nursing interventions;

3.5.b. documenting and communicating assessment data to appropriate members of the health care team; and

3.5.c. contributing to the modification of the strategy of care on the basis of the assessment data.

W. Va. Code R. § 10-3-4 Standards Relating to the Licensed Practical Nurse's Responsibilities as a Member of the Health Care Team

The Licensed Practical Nurse shall:

4.1. be familiar with the statutes and rules governing nursing;

4.2. clearly display on his or her name tag or other identification badge their licensing credential (LPN);

4.3. function within the legal boundaries of practical nursing practice;

4.4. accept responsibility for individual nursing actions, competencies and behavior;

4.5. function under the direction of a registered professional nurse, licensed physician or licensed dentist;

4.6. consult with the registered professional nurse to seek guidance in delivery of nursing care as necessary;

4.7. obtain instruction and supervision as necessary from the registered professional nurse when implementing nursing techniques or practices;

4.8. retain accountability for the timely and accurate completion of tasks assigned to other qualified persons;

4.9. function as a member of the health team;

4.10. contribute to the formulation, interpretation, implementation and evaluation of the objectives and policies related to practical nursing practice within the employment setting;

4.11. participate in the evaluation of nursing through peer review;

4.12. report unsafe nursing practice to the Board and unsafe practice conditions to recognized legal authorities;

4.13. conduct practice without discrimination on the basis of age, race, religion, sex, sexual preference, national origin or handicap;

4.14. respect the dignity and rights of clients regardless of social or economic status, personal attributes or the nature of the health problem;

4.15. respect the client's right to privacy by protecting confidential information, unless obligated by law to disclose the information;

4.16. respect the property of employers, clients and their families; and

4.17. participate in relevant continuing competence activities to maintain current knowledge and skill levels in practical nursing as required in West Virginia State Board of Examiners for Licensed Practical Nurses Rule, Continuing Competence, 10 CSR 6.

10CSR3

Series 04 Fees for Services Rendered by the Board and Supplemental Renewal Fee for the Center for Nursing

W. Va. Code R. § 10-4-1 General

1.1. Scope. -- This legislative Rule establishes the fees to be charged by the Board for services rendered.

1.2. Authority. -- W. Va. Code §§30-7A-5; 30-1-6

1.3. Filing Date. -- April 7, 2014.

1.4. Effective Date. -- May 15, 2014.

W. Va. Code R. § 10-4-2 Schedule of Fees for Services Rendered by the West Virginia State Board of Examiners for Licensed Practical Nurses: Fees collected by the Board are not refundable

2.1. Licensure Examination. $75.00

2.2. Re-Examination $75.00 (Third attempt free)

2.3. Temporary Permit for New Graduate $10.00

2.4. Endorsement into West Virginia $50.00

2.5. Endorsement out of West Virginia $30.00

2.6. Renewal of license $40.00

2.7. Supplemental renewal fee for the Center for Nursing $10.00

2.8. Reinstatement of a license from nonpracticing status $40.00

2.9. Limited License $10.00 Valid for 90 days - May not be renewed.

2.10. Duplicate License $10.00

2.11. Change of Name and/or Address (Duplicate license issued) $10.00

2.12. Transcripts $5.00

2.13. Framable Certificate (Free to New Graduate) $10.00

2.14. Reinstatement of a license from lapsed status $80.00

2.15. Insufficient Funds Penalty $15.00

2.16. Roster of Active Licensees $100.00 One County $5.00

2.17. Mailing Labels Name and Address/per 1000 $50.00 Minimum Charge $50.00

2.18. Copy of Law $2.00

2.19. Rules and Regulations $5.00

2.20. Application Fee New School $250.00

2.21. Special Request for Data Listings Minimum Programming Fee $25.00

2.22. Miscellaneous copies (first page). $2.00 each additional page $0.20 10CSR4 10CSR4

Series 05 Open Meetings And Bylaws

W. Va. Code R. § 10-5-1 General

1.1. Scope. -- This procedural rule sets forth the means by which the time, place, and purpose of all regular and special meetings are made available in advance to the public and the news media, except in the event of an emergency requiring immediate official action and also sets forth certain bylaws of the board.

1.2. Authority. -- W. Va. Code §§6-9A and 30-1-5.

1.3. Filing Date. -- January 9, 2008.

1.4. Effective Date. -- February 9, 2008.

W. Va. Code R. § 10-5-2 Application And Enforcement

This procedural rule applies to the board and any and all individuals desiring to attend or to address the West Virginia State Board of Examiners for Licensed Practical Nurses.

W. Va. Code R. § 10-5-3 Definitions

3.1. Board - The West Virginia State Board of Examiners for Licensed Practical Nurses.

3.2. Meeting - The convening of a governing body of a public body for which a quorum is required.

3.3. Quorum - A simple majority of the constituted members of the board.

W. Va. Code R. § 10-5-4 Regular Meetings

4.1. The board meets in regular session during the months of February, June and October. The length of each meeting is determined by the amount of business to be addressed by the board. A majority of the board members shall agree upon specific meeting dates. Meeting dates are determined for one (1) year in advance beginning July 1, and ending June 30. The first regular meeting after January 1 shall include as an agenda item dates for meetings for the next fiscal year.

4.2. The Executive Secretary shall provide notice of the date, time, location and purpose of each regular meeting to the Secretary of State, Capitol News Service, all programs of practical nursing, appropriate professional associations and state agencies, as well as persons and organizations who request information, at least fifteen (15) business days in advance of a regularly scheduled meeting.

4.3. The board shall convene all regular meetings at ten o'clock a.m. unless otherwise changed by a majority vote of those board members present and voting.

4.4. The board shall convene all regular meetings at the board office unless otherwise changed by a majority vote of those board members present and voting.

4.5. The board may move the location of the meeting without notice in the event the meeting room cannot accommodate members of the public who wish to attend

4.6. All regular meetings are general meetings for the consideration of any and all matters which may properly come before the board.

4.7. The Executive Secretary shall send a topical agenda to each board member at least fifteen (15) business days prior to each regularly scheduled meeting. The Executive Secretary shall send an annotated agenda to each board member at least one (1) week prior to each regularly scheduled meeting.

4.8. Board members may submit agenda items at any time prior to mailing of the annotated agenda.

4.9. Individuals may submit items for board consideration. The items should be submitted not less than thirty (30) days prior to the date of a regularly scheduled meeting. The President makes the final determination on whether an item submitted less than thirty (30) days in advance shall be considered.

4.10. The President may cancel a meeting if a quorum cannot be convened or if there are no items of business to be conducted by the board.

4.11. Individuals who desire to address the board during a regularly scheduled meeting may do so by making their wish known to the President at any time prior to the call to order.

W. Va. Code R. § 10-5-5 Special Meetings

5.1. The President, the secretary or any two (2) members of the board may call a special meeting.

5.2. The executive secretary shall send a written notice setting forth the time, place and matters to be considered to each member of the board at least ten (10) business days in advance of a special meeting.

5.3. The executive secretary shall file a written notice containing the time, place, and matters to be considered at least ten (10) business days in advance of any special meeting, to the Secretary of State, Capitol News Service, all programs of practical nursing, appropriate professional associations and state agencies, as well as persons and organizations who request the information.

W. Va. Code R. § 10-5-6 Emergency Meetings

6.1. The President may call a meeting in the event of an emergency requiring immediate official action by the board.

6.2. The executive secretary shall notify members by telephone or other expedient method.

6.3. The executive secretary shall file a written notice containing time, place, purpose of the meeting and facts and circumstances of the emergency prior to the meeting, with the Secretary of State and Capitol News Service.

W. Va. Code R. § 10-5-7 Executive Sessions

7.1. The board may hold executive sessions, as provided in W. Va. Code, §6-9A-4., for the purpose of discussing employment promotion, resignation, discipline, discharge, or compensation of any public officer or employee unless the public officer or employee requests an open meeting; or to discuss issues effecting denial, suspension or revocation of a license unless the licensee requests an open meeting; or to discuss material the disclosure of which would constitute an unwarranted invasion of an individual's privacy; or to discuss an official investigation relating to law enforcement; or to discuss matters relating to development, administration or security of a licensure examination; or to discuss logistical or procedural methods to schedule and regulate a meeting.

7.2. The President shall convene an executive session by identifying and announcing to the members of the board and public in attendance the authorization under §6-9A-4 for holding the executive session. A majority affirmative vote of the members present is required to hold the executive session. All decisions resulting from discussions during the executive session shall be made during an open meeting.

W. Va. Code R. § 10-5-8 Minutes

8.1. The board shall prepare written minutes of all meetings. Minutes are available to the public within a reasonable time after the meeting and include:

8.1.a. the date, time and place of the meeting,

8.1.b. the name of each board member present or absent,

8.1.c. the name of each staff member and guest present,

8.1.d. all motions, proposals, resolutions, orders, ordinances and measures proposed, the name of the person proposing the same, and their disposition, and,

8.1.e. the results of all votes and, upon request of a member, the vote of each member by name.

8.2. Minutes of executive sessions may be limited to material which is not inconsistent with the provisions of W. Va. Code, §6-9A.

8.3. A board member may request that a minority report be included in the minutes.

W. Va. Code R. § 10-5-9 Quorum

9.1. A quorum for conducting business at a regular or special meeting of the board shall be a simple majority of the constituted members.

9.2. Each member has one vote on all matters of business.

9.3. The vote of a majority of all members present at any meeting of the board shall be necessary to take any action.

9.4. The board may hold regular or special meetings with one or more members participating by telephone conference call, video conference or other interactive means of conducting conference communications. Minutes shall reflect the names of participating members and a report of a roll call on each vote.

9.5. Proxy voting is prohibited.

9.6. The board may authorize a mail vote providing the issue to be voted on has been presented in a regular meeting of the board. Matters for vote by mail are limited to acceptance of editorial revisions or those matters where more detail is requested prior to final approval. All issues voted on by mail shall be discussed and the vote ratified at the next regular meeting of the board following the vote.

W. Va. Code R. § 10-5-10 Records of the Board

All records and proceedings of the board are public records and shall be available to the public during the usual and customary business hours of the board, except as provided by W. Va. Code, §29B-1-4.

W. Va. Code R. § 10-5-11 Election of Officers

11.1. The board shall elect officers during the first regular meeting in each calendar year.

11.2. The elected officers shall be President, Vice President and secretary. The Executive Secretary shall act as treasurer while employed by the board and is not subject to election procedures.

11.3. The Executive Secretary shall be an ex-officio member of the board and has no voting privileges.

11.4. Officers serve for one (1) year.

11.5. Officers may be re-elected to serve one (1) additional term, but in no instance shall an officer serve more than two (2) successive terms.

11.6. Newly elected officers assume the duties of office fifteen (15) calendar days following the date of the regular meeting during which they are elected.

W. Va. Code R. § 10-5-12 Duties of Officers

12.1. President. Presides at all meetings of the board, appoints all committees of the board, serves as or designates the chairperson for all committees and performs other duties incidental to the office.

12.2. Vice-President. Presides over meetings of the board in the absence of the President. and performs other duties requested by the President..

12.3. Secretary. Records minutes of the board meetings, authorizes distribution of minutes following meetings, and performs other duties as requested by the President.

12.4. Treasurer. The Executive Secretary, as the appointed employee of the board, keeps an accounting of all monies received and spent on behalf of the board and provides a report of receipts and expenditures at each regular meeting of the board.

W. Va. Code R. § 10-5-13 Vacancies in Elected Offices

13.1. President. In the event that the President is unable to complete his or her term of office, the Vice President shall become President for the remainder of the unexpired term.

13.2. Vice-President. In the event the Vice President is unable to complete his or her term of office a new Vice President shall be elected to serve the unexpired term.

13.3. Secretary. In the event that the secretary is unable to complete his or her term of office, a new secretary shall be elected to serve the unexpired term.

13.4. Treasurer. In the event of a vacancy in the position of Executive Secretary the President shall appoint a member of the board or staff to fulfill the duties until a new Executive Secretary is employed.

W. Va. Code R. § 10-5-14 Resignation of Members

A member who wishes to resign should send a letter of resignation to the Governor with a copy to his or her respective association and a copy to the President of the board.

W. Va. Code R. § 10-5-15 Committees

15.1. Disciplinary Review Committee

15.1.a. Composition. The committee shall be comprised of the President and two (2) additional members of the board who shall be appointed by the President..

15.1.b. Terms. The term of service is one (1) year beginning with the adjournment of the regular meeting during which elections are held.

15.1.c. Duties. The committee shall approve for dismissal all complaints if probable cause is not established. The committee may issue reprimands, accept voluntary surrender of a license and enter into consent agreements as appropriate for individuals found in violation of W. Va. Code §30-7A-1 et. seq., or rules and regulations of the board.

15.1.d. Meetings. The committee shall meet immediately prior to each regularly scheduled meeting of the board. The President may call additional meetings as needed to complete the duties of the committee. At the discretion of the President, the committee may transact business by electronic communication or by mail, providing that a report of each action is made available to each committee member at the next meeting of the committee. All meetings of the committee shall be closed to the public. All final actions of the committee shall be public.

15.1.e. Reports. The committee shall report all actions at the next regularly scheduled meeting of the board. The board shall ratify all actions taken by the committee.

W. Va. Code R. § 10-5-16 Joint Nursing Regulatory Committee

16.1. Composition. The committee shall be comprised of three (3) members of the board who shall be appointed by the President.

16.2. Terms. The term of service is one (1) year beginning with the adjournment of the regular meeting during which elections are held.

16.3. Duties. The committee shall meet with the appointed representatives to the committee from the West Virginia Board of Examiners for Registered Professional Nurses and shall consider issues referred to them by either board of nursing or other issues of common interest to both boards of nursing.

16.4. Frequency of Meetings. The committee shall meet as needed to address issues before the committee.

16.5. Reports. The committee shall report final action on activities delegated to it by the board and on other activities of the committee at the next regularly scheduled meeting of the board.

W. Va. Code R. § 10-5-17 Ad Hoc Committees

The President of the board shall appoint ad hoc committees as needed to accomplish the objectives established by the board. Appointment to committees is not limited to members and may include any individual who will best serve a particular committee.

W. Va. Code R. § 10-5-18 Committee Meetings

18.1. Meetings of committees of the board, with the exception of the disciplinary review committee, are open to the public, except as provided in W. Va. Code,§6-9A-4.

18.2. Committees may conduct meetings with one or more members participating by telephone conference call, video conference or other interactive means of conducting conference communications. Minutes shall reflect the names of participating members, names of members not participating and a report of a roll call on each vote. The public may attend meetings held by means of telecommunications devices. The location for public attendance shall be the board office unless otherwise announced.

18.3. The Executive Secretary shall send a written notice containing the time, place, and matters to be considered at least ten (10) business days in advance of any meeting of a committee of the board, to the Secretary of State, Capitol News Service, all programs of practical nursing, appropriate professional associations and state agencies, as well as persons and organizations who request information.

18.4. Each committee shall present a report of activities and any recommendations for action to the board at a regularly scheduled meeting as directed by the board.

W. Va. Code R. § 10-5-19 Contested Case Hearings

19.1. Contested case hearings shall be held before a quorum of the board or before an independent hearing examiner.

19.2. All contested case hearings are open to the public.

19.3. Contested case hearings shall be held as provided in W. Va. Code §§29A-5-1. et. seq., and 30-1-1. et. seq.

19.4. The board shall consider evidence gathered in a contested case hearing and shall determine denial, suspension, revocation or other disciplinary action in executive session.

19.5. All final decisions by the board to deny, suspend, revoke or otherwise discipline a license are public.

W. Va. Code R. § 10-5-20 Open Meetings And Bylaws

Roberts' Rules of Order Newly Revised shall govern the meetings of the board in applicable situations not addressed in these rules.

W. Va. Code R. § 10-5-21 Open Meetings And Bylaws

Amendments to this Open Meetings and Bylaws rule shall be made in accordance with established procedures for promulgating procedural rules, pursuant to Secretary of State's rule 153 CSR 6.

10CSR5

10CSR5

Series 06 Continuing Competence

W. Va. Code R. § 10-6-1 General

1.1. Scope. -- This legislative rule establishes requirements for continuing competence to practice practical nursing. They set forth both continuing education requirements and minimum practice requirements.

1.2. Authority. -- WV Code §30-7A-5; §30-1-7a.

1.3. Filing Date. -- April 7, 2014.

1.4. Effective Date. -- May 15, 2014.

W. Va. Code R. § 10-6-2 Definition of Terms. Continuing Competence

2.1. "Approved provider" means a local, state or national agency, organization or association recognized by the board.

2.2. "Audit" means the selection of licensees for verification of satisfactory completion of continuing education and practice requirements during a specified time period; or the selection of approved providers for verification of adherence to continuing education approved provider requirements during a specified time period.

2.3. "Continuing education" means planned, organized learning activities engaged in following initial licensure that is designed to maintain, improve, or expand a practical nurses§ knowledge and skills or to develop new knowledge and skills related to nursing to enhance practice, education, or theory development to the end of improving the health of the public.

2.4. "Practical nursing practice" means performance of nursing acts under the direction of a registered nurse, licensed physician or licensed dentist, for which a license to practice is required.

2.5. "Formal offering" means an extension course, independent study, or other course which is offered, for college credit, by a recognized educational institution.

2.6. "Informal offering" means a workshop, seminar, institute, conference, lecture, short term course, or organized independent study which is offered for credit in contact hours or continuing education units.

2.7. "Independent study" means a program of learning designed by an approved provider for the practical nurse who completes the program at the individual’ pace, e.g., home study, programmed instruction.

2.8. "Self study" means a program of learning designed by the licensee to enhance knowledge and skill and not approved as a continuing education activity for nurses.

W. Va. Code R. § 10-6-3 Continuing Competence - a Prerequisite for Renewal

3.1. Continuing Competence

3.1.a. Continuing Education Requirements

3.1.a.1. Each applicant for renewal of a license, if the license is currently active, or reinstatement of a license if a license is lapsed or on the non-practicing list, shall verify that he or she satisfactorily completed twenty-four (24) contact hours of continuing education during the prescribed two (2) year reporting period.

3.1.a.2. Units of measurement used for continuing education courses are:

3.1.a.2.A. 1 contact hour = 50 minutes of instruction

3.1.a.2.B. 1 contact hour = 50 minutes of clinical or laboratory practice in an informal offering

3.1.a.2.C. 1 continuing education unit (CEU) = 10 contact hours of instruction

3.1.a.2.D. 1 academic semester hour = 15 contact hours of instruction

3.1.a.2.E. 1 academic quarter hour - 10 contact hours of instruction

3.1.a.3. Each licensed practical nurse with an active license to practice practical nursing shall complete twenty four (24) contact hours of continuing education, as approved by this rule. On or before June 30, in each even numbered year each licensed practical nurse shall file a report of his or her continuing education activities with the board at the time the licensee files an application for renewal of his or her license.

3.1.a.4. The board shall not grant credit for identical continuing education activities submitted during any single two (2) year reporting period. The board shall not accept continuing education credits from a previous two (2) year reporting period, nor shall credits be accumulated for use in a future two (2) year reporting period.

3.1.b. Practical Nursing Practice Requirements

3.1.b.1. Each applicant for renewal of a license, if the license is currently active, or reinstatement of a license, if the license is lapsed or on the non-practicing list, shall verify that he or she engaged in four hundred (400) clock hours of practical nursing practice within the prescribed two (2) year year reporting period.

3.1.b.2. Each licensed practical nurse with an active license to practice practical nursing shall engage in a minimum of four hundred (400) clock hours of practical nursing practice, as approved by this rule. On or before June 30, in each even numbered year, each licensed practical nurse shall file a report certifying that he or she has met the minimum practical nursing practice requirements, at the time the licensee files the application for renewal of his or her license.

3.1.c. The board shall exempt from the continuing competence requirements a licensee who qualifies for exceptions set forth in this subdivision.

3.1.c.1. A licensee who obtains a license for the first time in West Virginia during the first twelve months of any twenty-four (24) month reporting period shall complete twelve (12) contact hours in approved continuing education activities, as set forth in this rule, before the end of the current reporting period . A licensee who obtains a license for the first time in West Virginia during the second twelve (12) months of any twenty-four (24) month reporting period is exempt from the continuing education requirements for the entire reporting period.

3.1.c.2. A licensee who obtains a license for the first time in West Virginia during the first twelve months of any twenty-four (24) month reporting period shall engage in two hundred (200) clock hours of practical nursing practice, as set forth in this rule, before the end of the current reporting period. A licensee who obtains a license for the first time in West Virginia during the second twelve (12) months of any twenty-four (24) month reporting period is exempt from the minimum practice requirements for the entire reporting period.

3.1.c.3. A licensee who is enrolled, full time, in an educational program leading to an associate degree, diploma, or baccalaureate degree in nursing has complied with all continuing competence requirements.

3.1.c.4. During periods when the licensee is on active duty as a member of the Armed Forces of the United States, the National Guard of this state or any other state, or any other military reserve component and deployed outside of this state, and for six months after discharge from active duty, the license shall continue in good standing and shall be renewed without meeting continuing education requirements for the license when circumstances associated with military duty prevent the individual from obtaining the required continuing education.

The licensee shall submit a waiver request to the board, informing the board of circumstances which include, but are not limited to, deployment outside of the United States or in any combat area.

During periods when the licensee is accompanying his or her spouse who is on active duty as a member of the Armed Forces of the United States, the National Guard of this state or any other state or any other military reserve component and deployed outside of this state, and for six months after discharge from active duty, the license shall continue in good standing and shall be renewed without meeting continuing education requirements for the license when circumstances associated with accompanying a spouse on military duty prevent the individual from obtaining the required continuing education.

The licensee shall submit a waiver request to the board informing the board of these circumstances which include, but are not limited to, deployment outside of the United States or in any combat area.

3.1.c.5. The board may grant a waiver to a licensee who has a physical or mental disability or who is providing direct care to a member of his or her immediate family during all or a portion of the two (2) year reporting period. A waiver provides for an extension of time or exception for some or all of the continuing competence requirements. Any licensee may request an application for waiver from the board. The board shall approve or deny an application for waiver after review of the application. The board shall not grant an exception from continuing competence requirements for more than one (1), two (2) year reporting period, as set forth in this rule.

3.1.d. The board may take the following actions if a licensee fails to meet the continuing competence requirements or the conditions for exceptions for renewal set forth in subdivision 3.1.a,, 3.1.b., and 3.1.c. of this section.

3.1.d.1. The board may place the license on non-practicing status without penalty and may waive the continuing competency requirements, providing that the licensee notifies the board in writing of his or her desire to have the board place his or her license on non-practicing status before the last day of the reporting period. The board shall not charge a fee to place the license on non-practicing status; or,

3.1.d.2. The board shall lapse the license of any person who fails to notify the board, in writing, prior to the last day of the reporting period that he or she wishes to place his or her license on the non-practicing

3.1.e. Reinstatement of a license on non-practicing or lapsed status or issuance of a limited license.

3.1.e.1. A person wishing to reinstate a license from non-practicing status or from lapsed status shall comply with the following requirements. The person shall:

3.1.e.1.A. make application for reinstatement of the license from non-practicing status or lapsed status;

3.1.e.1.B. meet the continuing competence requirements set forth in this rule; and

3.1.e.1.C. Pay the fee for reinstatement of non-practicing or lapsed license as specified in West Virginia State Board of Examiners for Licensed Practical Nurses Rules, Fees for Services Rendered by the Board, 10 CSR 4.

3.1.e.2. A person who wishes to reinstate a license but is not able to meet requirements for reinstatement of a non-practicing or a lapsed license shall request a limited license.

3.1.e.2.A. A limited license is a license which is valid for ninety (90) days, during which time the licensee shall:

3.1.e.2.A.1. satisfactorily complete a refresher course of at least eighty (80) clock hours of theory and eighty (80) clock hours of clinical practice recognized by an approved provider and designed for practical nurses returning to practice after a period of absence from the work setting; or

3.1.e.2.A.2. engage in a minimum of two hundred (200) clock hours of practical nursing practice under the direct supervision of a qualified supervisor and secure twelve (12) contact hours of continuing education.

3.1.e.2.B. The board shall issue a fully reinstated license when a licensee provides verification that he or she meets one of the requirements in paragraph 3.1.e.2.A of this section.

3.1.e.2.C. The board shall not renew a limited license issued for non compliance with continuing competence requirements.

3.1.e.2.D. A licensee who does not meet requirements provided under this section for limited license within the ninety (90) day licensure period is required to meet the full continuing competence requirements in subdivision 3.1.a and 3.1.b of this rule or is required to pass the national licensure examination for practical nurses which tests competency for beginning practical nursing practice.

3.2. The board may select any licensee who holds a current license to audit for compliance with continuing competence requirements.

3.2.a. To comply with the audit request from the board, a licensee shall submit legible copies of certificates of attendance at continuing education offerings, transcripts of courses taken, notices received from the board granting special approval of informal offerings from non-approved providers, and the name, telephone number and mailing address of his or her employer to verify practical nursing practice. The board may require the licensee to submit a job description to verify his or her employment in a nursing position which meets the requirements of paragraph 3.1.b.1. of this rule.

3.2.b. The licensee shall submit the required documents within thirty (30) days of the date he or she received notification of the audit. The board may grant an extension of time for submission of the documents, on an individual basis, in cases of hardship, if the licensee makes a written request for an extension of time and provides justification for the request.

3.2.c. Licensees shall keep certificates of attendance at continuing education offerings, letters verifying special approval for informal offerings from non-approved providers, transcripts of courses, and documentation of compliance with exceptions for a two (2) year period following submission of continuing education activities to the board.

3.2.d. The board shall notify the licensee of the satisfactory completion of the audit.

3.2.e. If a licensee fails to submit the audit information requested by the board or meet the standards in subdivision 3.1.a. or 3.1.b. of this rule, the board may institute disciplinary proceedings and shall not renew a license before the audit is completed.

3.2.f. The board shall take action as prescribed in West Virginia State Board of Examiners for Licensed Practical Nurses Rule, Policies Regulating Licensure of the Licensed Practical Nurse, 10 CSR 2, against any licensee who submits false information to the board.

3.2.g. A licensee who fails to notify the board of a current mailing address is not absolved from the audit requirements. The board shall not renew a license before the audit is completed.

W. Va. Code R. § 10-6-4 Continuing Education - Providers

4.1. The Board shall recognize as an approved provider, an agency which meets the minimum provider standards in subdivision 4.2.a. through 4.2.g. of this rule. Approved providers include, but are not be limited to:

American Red Cross - State Affiliates Boards of Nursing - United States and Territories Commission on Aging Licensed Practical Nurses Association of West Virginia Medicare and Medicaid Certified Long Term Care Facilities National Association for Practical Nurse Education and Service National Federation of Licensed Practical Nurses National League for Nursing – State Affiliates North Ctrl Association of Colleges and Secondary Schools West Virginia Council of Home Health Agencies West Virginia Department of Education West Virginia Department of Health West Virginia Health Care Association West Virginia Hospital Association West Virginia Nurses Association West Virginia Vocational and Technical Education Centers Other West Virginia health-related licensing boards Other national, regional, or state nursing, medical, or allied health organizations

4.1.a. The board shall accept courses and programs provided by accredited schools, colleges or universities and programs offered by institutions accredited by the Joint Commission on Accreditation of Health Care Organization or the American Association of Osteopathic Hospitals as well as facilities and agencies certified to receive Medicare and Medicaid reimbursement.

4.1.b. The Board shall consider written requests to designate other local, state or national agencies, organizations and associations as approved providers.

4.1.c. The board shall maintain a current list of approved providers which shall be available to the public upon request. The board shall notify in writing a provider who fails to meet the minimum acceptable standards, of specific deficiencies and give a reasonable period of time to correct deficiencies. The board may remove an approved provider from the list of approved providers who does not correct deficiencies within the specified time period.

4.2. Minimum Standards for Approved Providers

4.2.a. The duration of the activity shall be at least one (1) contact hour.

4.2.b. The provider shall prepare written objectives, in measurable terms, which describe what a licensee can expect to learn.

4.2.c. The program content shall relate to the program objectives.

4.2.d. The provider shall furnish the instructor’ qualifications in the subject areas to be taught to the participant, in writing.

4.2.e. The provider shall establish a written method to determine whether the participant has achieved the stated objectives of the activity. Methods may include but are not limited to self-evaluation check lists or tests.

4.2.f. The provider shall furnish a written statement of completion to each participant who satisfactorily completes each continuing education activity which is signed by the instructor or an individual designated by the instructor.

4.2.g. The provider shall maintain a record of individuals who attend a continuing education activity for a period of not less than four (4) years.

4.3. Independent Study

4.3.a. Independent study activities may include educational television, audio cassettes, and printed media, designed as programmed learning units.

4.3.b. Contact hour equivalents for approved independent study shall be based on contact hours approved by the approved provider.

4.4. Self Study

4.4.a. Self study, may include activities which the licensee determines will enhance his or her skills and knowledge of nursing, such as reading professional journals, watching educational television and listening to audio cassettes that are not designed as programmed learning units, and are not approved by an approved provider.

4.4.b. The board shall base contact hour equivalents for self study on the actual time spent by the licensee.

4.4.c. The board shall permit credit of a total of five (5) contact hours of self study toward the continuing education requirement for any two (2) year reporting period.

4.5. Continuing Education Subjects

4.5.a. Continuing education offerings shall reflect the educational needs for the licensee in order to meet the health care needs of the consumer and may consist of one or more of the following subject areas:

4.5.a.1. Nursing practice areas and special health care problems;

4.5.a.2. The biological, physical, social and behavioral sciences;

4.5.a.3. The legal aspects of health care;

4.5.a.4. Management of health care personnel and patient care;

4.5.a.5. Teaching and learning process for health care personnel and patients; and

4.5.a.6. Subjects relating to nursing practice which are required as part of a formal nursing program and which are more advanced than those completed for original licensure.

4.5.b. The following activities are not acceptable for continuing education credit:

4.5.b.1. job related clinical practice;

4.5.b.2. development and presentation of programs as part of the licensees on-going job responsibilities;

4.5.b.3. orientation and update of policies and procedures specific to the licensee’s employing facility; and

4.5.b.4. activities which are part of a licensee’s usual job responsibility.

10CSR6

10CSR6