W. Va. Code R. § 64-48-8

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 64-48-8 - Education

8.1. Endorsement of Sponsors of Continuing Education. -- The Commissioner may grant endorsement to an applicant as a continuing education sponsor provided that the applicant meets the following requirements:

8.1.1. Entities and institutions must apply in a format prescribed by the Commissioner;

8.1.2. Continuing education programs must contribute directly to the professional competence, skills, and education of emergency medical services personnel;

8.1.3. Lead instructors must possess the necessary practical and academic skills to conduct the courses effectively and meet all standards specified by OEMS;

8.1.4. Visiting instructors shall possess the necessary practical and academic skills to present specific content effectively;

8.1.5. Continuing education program materials must be written and distributed to attendees at or before the time offered, whenever practical;

8.1.6. Continuing education programs must be presented in a suitable manner appropriate to the educational purpose of the specific course, which may include a synchronous learning resources such as online or web-based instruction: Provided:That, OEMS may, by policy, place restrictions on the total number of hours of continuing education that may be obtained by asynchronous learning;

8.1.7. Continuing education programs must be submitted and approved in a manner and time frame specified by OEMS;

8.1.8. If the continuing education sponsor is a licensed EMS agency, the agency shall be in compliance with the OEMS standards for Agency Training Officer Programs. The Agency Training Officer Program must have at a minimum:

8.1.8.a. An Agency Training Coordinator -- Must meet the standards and policies set forth by OEMS; or

8.1.8.b. An Agency Training Officer -- Must meet the standards and policies set forth by OEMS.

8.1.9. Endorsement of the continuing education sponsor is effective for five calendar years unless the program's endorsement is revoked under subsection 8.5. of this rule.

8.2. BLS Training Institutes. -- A BLS training institute must be a secondary or post-secondary institution, or a consortium of secondary or post-secondary institutions or other entities determined by OEMS to be qualified to deliver emergency medical services education. To qualify for endorsement as a BLS training institute, the entity shall comply with the following:

8.2.1. Criteria. -- The institute shall demonstrate the ability to conduct one or more of the following training programs:

8.2.1.a. An Emergency Medical Technician original course compliant with Department of Transportation (DOT) National EMS Education Standards or standards approved by OEMS;

8.2.1.b. An Emergency Medical Technician Refresher course compliant with DOT National EMS Education Standards or standards approved by OEMS;

8.2.1.c. An Emergency Medical Responder course compliant with DOT National EMS Education Standards or standards approved by OEMS;

8.2.1.d. An Emergency Medical Responder refresher course compliant with DOT National EMS Education Standards or standards approved by OEMS; or

8.2.1.e. An Emergency Medical Dispatcher course compliant with DOT National Education Standards or standards approved by OEMS.

8.2.2. Personnel.

8.2.2.a. Medical Director. -- The institute shall have a medical director who is a physician licensed in the state of West Virginia. The medical director must be experienced in emergency medical care and will assist with:

8.2.2.a.1. Practical skills development and testing;

8.2.2.a.2. Recruitment, selection and orientation of the training institute's faculty;

8.2.2.a.3. Providing medical advice and assistance to the training institute's faculty and students; and

8.2.2.a.4. Provide medical oversight for student clinical practice.

8.2.2.b. Administrative Director. -- A BLS training institute shall have an administrative director who has experience in educational administration. Responsibilities of the administrative director include:

8.2.2.b.1. Application processing and oversight of the student selection process;

8.2.2.b.2. Class scheduling and the assignment of instructors;

8.2.2.b.3. The provision and maintenance of required training equipment;

8.2.2.b.4. Requesting written and practical examinations;

8.2.2.b.5. The maintenance and submission of student records in a manner specified by OEMS;

8.2.2.b.6. The selection and supervision of qualified instructors and skills evaluators;

8.2.2.b.7. Management of the emergency medical services budget for the institute; and

8.2.2.b.8. Administering the grievance procedure as outlined in paragraph 8.2.d.3. of this rule.

8.2.2.c. Lead Instructor. -- A BLS training institute shall designate a lead instructor for each educational program conducted by the training institute. Lead instructors must possess the necessary practical and academic skills to conduct programs effectively and comply with all instructor standards specified by OEMS. The lead instructor is responsible for the management and supervision of specific BLS educational programs offered by the training institute.

8.2.2.d. Visiting Instructors. -- ABLS training institute may use the services of adjunct faculty for specific portions of an educational program. The faculty must have expertise in a particular area and are not required to be certified EMS personnel or have specific EMS experience. A visiting instructor is not eligible to be a lead instructor.

8.2.2.e. BLS Practical Skills Evaluator. -- Must meet the standards and policies set forth by OEMS;

8.2.3. Facilities and Equipment. -- The institute shall maintain, or by agreement have available, facilities necessary for the provision of BLS training courses. The facilities shall include classrooms and space for equipment storage and shall be a suitable setting devoted to the educational purpose of the course. The institute shall provide and maintain the essential equipment and supplies to provide all approved programs of instruction as determined by OEMS.

8.2.4. Operating Procedures.

8.2.4.a. The institute shall develop and implement an anti-discrimination policy with respect to student selection and faculty recruitment.

8.2.4.b. The institute shall maintain records on each enrolled student that include class performance, practical and written examination results, and reports made concerning the progress of the student during the training program.

8.2.4.c. The institute shall provide a mechanism by which students may appeal decisions made by the institute regarding dismissal or other disciplinary action.

8.2.4.d. The institute shall provide students with a clear description of the program and its content including learning goals, course objectives, and competencies to be attained.

8.2.4.e. The institute shall submit documentation of all educational programs in a manner specified by OEMS;

8.2.5. Liability. -- The institute shall provide evidence of professional liability and errors and omissions insurance in the amount of $1,000,000 for all training programs offered by the institute; and

8.2.6. The endorsement of the BLS Training Institute is effective for five calendar years unless the program's endorsement is revoked under subsection 8.5. of this rule.

8.3. ALS Training Institutes. -- An ALS training institute must be a post-secondary institution, or a consortium of post-secondary institutions and other entities determined by OEMS to be qualified to deliver EMS education. To qualify for endorsement as an ALS training institute, the entity shall comply with the following:

8.3.1. Training Programs. -- The institute shall evidence the ability to conduct one or more of the following training programs:

8.3.1.a. A paramedic course compliant with DOT National EMS Education Standards or standards approved by OEMS;

8.3.1.b. A paramedic refresher course compliant with DOT National EMS Education Standards or standards approved by OEMS;

8.3.1.c. An Advanced Emergency Medical Technician (AEMT) course, compliant with DOT National EMS Education Standards or standards approved by OEMS; or

8.3.1.d. An Advanced Emergency Medical Technician (AEMT) refresher course, compliant with DOT National EMS Education Standards or standards approved by OEMS.

8.3.2. Clinical Agreements. -- The ALS training institute shall maintain appropriate clinical agreements with hospitals and ALS prehospital care agencies for the provision of student clinical experiences.

8.3.3. Personnel.

8.3.3.a. Medical Director. -- An institute shall have a medical director who is a physician licensed in the state of West Virginia. The medical director must be experienced in emergency medical care and shall assist with:

8.3.3.a.1. Practical skills development and testing;

8.3.3.a.2. Recruitment, selection and orientation of training institute faculty;

8.3.3.a.3. Providing medical advice and assistance to training institute faculty and students;

8.3.3.a.4. Providing medical oversight for student clinical practice;

8.3.3.a.5. Identifying and approving facilities and ALS services where students can fulfill clinical and field internship requirements; and

8.3.3.a.6. Identifying and approving individuals to serve as field and clinical preceptors for supervising and evaluating student performance when fulfilling clinical and field internship requirements.

8.3.3.b. Program Director. -- The program director must have a Bachelor's Degree in a related field and at least three years of experience in education administration and three years of experience in ALS patient care. The responsibilities of the program director include:

8.3.3.b.1. Application processing and oversight of the student selection process;

8.3.3.b.2. Class scheduling and the assignment of instructors;

8.3.3.b.3. Provision and maintenance of required training equipment;

8.3.3.b.4. Requesting written and practical examinations;

8.3.3.b.5. Maintenance and submission of student records in a manner specified by OEMS;

8.3.3.b.6. Selecting and supervising qualified course coordinators, instructors, and skills evaluators;

8.3.3.b.7. Managing the emergency medical services education budget for the institute; and

8.3.3.b.8. Administering a grievance procedure as outlined in paragraph 8.2.4.c. of this rule.

8.3.3.c. Lead Instructor. -- The ALS training institute shall designate a lead instructor for each course of instruction conducted by the training institute. A lead instructor must possess the necessary practical and academic skills to conduct programs effectively and comply with all instructor standards specified by OEMS. Specific duties of the lead instructor also include:

8.3.3.c.1. Scheduling and supervising course instructors;

8.3.3.c.2. Scheduling and supervising student clinical activities and field internships;

8.3.3.c.3. Maintenance and submission of student records in a manner specified by OEMS;

8.3.3.c.4. Providing counseling services for students; and

8.3.3.c.5. Development of course syllabi and instructional resources.

8.3.3.d. Clinical Preceptors. -- The ALS training institute shall ensure the availability of qualified clinical preceptors for each clinical rotation. The clinical preceptor is responsible for the supervision and evaluation of students while fulfilling clinical requirements in an approved facility.

8.3.3.e. Field Preceptors. -- The ALS training institute shall ensure the availability of qualified field preceptors for each student. The field preceptor is responsible for the supervision and evaluation of students while fulfilling field internships with an approved ALS service.

8.3.3.f. Visiting Instructors. -- An ALS training institute may use adjunct faculty for specific portions of an educational program. The faculty must have expertise in a particular area and are not required to be certified personnel or have specific emergency medical services experience. A visiting instructor is not eligible to be lead instructor.

8.3.3.g. ALS Practical Skills Evaluator. -- Must meet the standards and policies set forth by OEMS;

8.3.4. Facilities and Equipment. -- The institute shall maintain, or by agreement have available, facilities necessary for the provision of ALS training courses. The facilities must include classrooms and space for equipment storage, and be a suitable setting devoted to the educational purpose of the course. The institute shall provide and maintain the essential equipment and supplies to provide all approved programs of instruction as determined by OEMS;

8.3.5. Operating Procedures.

8.3.5.a. The institute shall develop and implement an anti-discrimination policy with respect to student selection and faculty recruitment.

8.3.5.b. The institute shall maintain records on each enrolled student including class performance, practical and written examination results, and reports made concerning the progress of the student during the training program.

8.3.5.c. The institute shall provide a mechanism by which students may appeal decisions made by the institute regarding dismissal or any other disciplinary action.

8.3.5.d. The institute shall provide students with a clear description of the program and its content, including learning goals, course objectives, and competencies to be attained.

8.3.5.e. The institute shall submit documentation of all education programs in a manner specified by OEMS.

8.3.6. Liability. -- The institute shall provide evidence of professional liability and errors and omissions insurance in the amount of $1,000,000 for all training programs offered by the institute.

8.3.7. Endorsement of the ALS Training Institute is effective for five calendar years unless the program endorsement has been revoked under subsection 8.5. of this rule.

8.3.8. Alternative Recognition Method.

8.3.8.a. In lieu of the standards prescribed in subdivisions 8.3.1 through 8.3.7. of this section, OEMS may endorse any institute that is accredited by a nationally recognized accrediting agency for EMS educational programs, provided that the standards used by that agency meet or exceed state endorsement standards. In addition, the following conditions apply:

8.3.8.a.1. An OEMS official shall accompany national accrediting agency officials during site visits to the ALS Training Institute; and

8.3.8.a.2. The accrediting agency shall forward a copy of the findings of the site visit directly to OEMS.

8.4. Critical Care Training (CCT) Institutes. -- A CCT training institute must be a post-secondary institution, or a consortium of post-secondary institutions and other entities determined to be qualified by OEMS to deliver EMS education. To qualify for endorsement as a CCT training institute, the entity shall comply with the following:

8.4.1. Training Programs. -- The institute shall demonstrate the ability to conduct the following training programs approved by the Commissioner:

8.4.1.a. A CCT course compliant with OEMS Standards; and

8.4.1.b. A CCT refresher course compliant with OEMS Standards;

8.4.2. The CCT training institute shall maintain appropriate clinical agreements with hospitals and ALS prehospital care agencies for the provision of student clinical experiences.

8.4.3. Personnel.

8.4.3.a. Medical Director. -- An institute shall have a medical director who is a physician licensed in the state of West Virginia. The medical director must be experienced in critical care medicine. The responsibilities of the medical director include:

8.4.3.a.1. Assuring that the course content is in compliance with standards set by OEMS;

8.4.3.a.2. Assisting with the recruitment, selection, and orientation of the training institute's faculty;

8.4.3.a.3. Providing technical advice and assistance to the training institute's faculty and students;

8.4.3.a.4. Approving the content of written and practical skills and participating in the final skills evaluation;

8.4.3.a.5. Identifying and approving facilities and CCT services where students can fulfill clinical and field internship requirements; and

8.4.3.a.6. Identifying and approving individuals to serve as qualified field and clinical preceptors.

8.4.3.b. Lead Instructor. -- The CCT training institute shall designate a lead instructor for each educational program conducted by the training institute. A lead instructor must possess the necessary practical and academic skills to conduct programs effectively and comply with all instructor standards specified by OEMS. The lead instructor is responsible for the management and supervision of specific CCT educational programs offered by the training institute. The duties of the lead instructor include:

8.4.3.b.1. Application processing and oversight of the student selection process;

8.4.3.b.2. Class scheduling and the assignment of instructors;

8.4.3.b.3. Providing and maintaining required training equipment;

8.4.3.b.4. Requesting written and practical examinations;

8.4.3.b.5. Maintaining and submitting of student records in a manner specified by OEMS; and

8.4.3.b.6. Selecting and supervising qualified instructors and skills evaluators.

8.4.3.c. Clinical Preceptors. -- The CCT training institute shall ensure the availability of qualified clinical preceptors for each clinical rotation. The clinical preceptor is responsible for the supervision and evaluation of students while fulfilling clinical requirements in an approved facility.

8.4.3.d. Field Preceptors. -- The CCT training institute shall ensure the availability of qualified field preceptors for each student. The field preceptor is responsible for the supervision and evaluation of students while fulfilling field internships with an approved CCT service.

8.4.3.e. Visiting Instructor. -- A CCT training institute may use adjunct faculty for specific portions of an educational program. The faculty must have expertise in a particular area and are not required to be certified EMS personnel or have specific EMS experience. A visiting instructor is not eligible to be the lead instructor.

8.4.3.f. CCT Practical Skills Evaluator. -- Must meet the standards and policies as set forth by OEMS;

8.4.4. Facilities and Equipment. -- The institute shall maintain, or by agreement have available, facilities necessary for the provision of CCT training courses. The facilities must include classrooms and space for equipment storage, and shall be a suitable setting devoted to the educational purpose of the course. The institute shall provide and maintain the essential equipment and supplies to provide all approved programs of instruction as determined by OEMS;

8.4.5. Operating Procedures.

8.4.5.a. The institute shall develop and implement an anti-discrimination policy with respect to student selection and faculty recruitment.

8.4.5.b. Records must be maintained on each enrolled student which includes class performance, practical and written examination results, and reports made concerning the progress of the student during the training program.

8.4.5.c. The institute shall provide a mechanism by which students may appeal decisions made by the institute regarding dismissal or any other disciplinary action.

8.4.5.d. Students must be provided with a clear description of the program and its content, including learning goals, course objectives, and competencies to be attained.

8.4.5.e. The institute shall submit documentation of all educational programs in a manner specified by OEMS;

8.4.6. Liability. -- The institute shall provide evidence of professional liability and errors and omissions insurance in the amount of $1,000,000 for all training programs offered by the institute.

8.4.7. The endorsement of the CCT Training Institute is effective for five calendar years unless the program's endorsement is revoked under subsection 8.5. of this rule.

8.5. Renewal, Suspension, or Revocation of Endorsement.

8.5.1. Renewal: At least 90 days prior to the expiration of the program's endorsement the institute must reapply for endorsement in a format prescribed by the Commissioner. The Commissioner may renew the sponsor's endorsement if the sponsor meets the following requirements:

8.5.1.a. The sponsor has offered, within the five-year endorsement period, at least:

8.5.1.a.1. Sponsors of Continuing Education -- Ten approved educational courses; or

8.5.1.a.2. Providers of Original Certification Education (BLS, ALS & CCT) -- Three approved educational courses with a cumulative 60 percent completion rate for initially enrolled students; and,

8.5.1.b. The program has maintained continual compliance with all requirements of this rule appropriate for the educational programs it provides.

8.5.2. The Commissioner may suspend or revoke the endorsement of a training institute for one or more of the following:

8.5.2.a. Failure to maintain compliance with all criteria, standards and policies set forth by OEMS;

8.5.2.b. Absence of completed programs or student enrollment in programs for two consecutive years. This absence will result in automatic revocation of program endorsement;

8.5.2.c. Failure to meet performance measures as established by OEMS;

8.5.2.d. Evidence of falsification of any program activity or student record;

8.5.2.e. Loss of independent program accreditation status, if applicable; or

8.5.2.f. Any other reasons determined by the Commissioner which may pose a threat to the health and safety of the public or exposes the public to risk or loss of life or property.

8.5.3. The Commissioner will give written notice to the institute's administrative director 30 days prior to withdrawing endorsement. The notice will identify specific reasons for withdrawal of endorsement.

8.5.4. The institute has 15 days to respond to the notice. The Commissioner will determine whether to verify or reconsider the withdrawal.

W. Va. Code R. § 64-48-8