Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-60-1 - General1.1. Scope. This legislative rule prescribes specific standards and procedures to provide for training, competency testing, and the certification of approved medication assistive personnel (AMAP) for the limited administration of medications and performance of health maintenance tasks in specified health care facilities. This rule must be read in conjunction with W. Va. Code §§ 16-50-1, et seq., and §§ 16-5AA-1, et seq.1.2. Authority. W. Va. Code § 16-50-11 and § 16-5AA-6. 1.3. Filing Date. April 29, 2021. 1.4. Effective Date. July 1, 2021. 1.5. Sunset Provision. This rule will terminate and have no further force or effect on August 1, 2026. 1.6. Variances. 1.6.1. The department may grant a variance from any provision of this rule if it determines: 1.6.1.a. Strict compliance would impose a substantial hardship on the licensee;1.6.1.b. The licensee will otherwise meet the goal of this rule; and 1.6.1.c. A variance will not result in less protection of the health, safety, and welfare of the residents. 1.6.2. A variance shall not be granted from a provision pertaining to residents' rights.1.6.3. A variance shall not be granted from a provision pertaining to a requirement in W. Va. Code §§ 16-50-1, et seq., or §§ 16-5AA-1, et seq. 1.6.4. A variance request must be submitted in writing to the authorizing agency.1.7. Enforcement. This rule is enforced by the secretary of the West Virginia Department of Health and Human Resources or his or her lawful designee.