Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-60-4 - AMAP Program Administration4.1. Authorized Registered Professional Nurse. 4.1.1. Each participating facility must have at least one authorized registered professional nurse. 4.1.2. The authorized registered professional nurse, in accordance with the provisions of this rule and the applicable provisions of W. Va. Code §§ 16-50-1, et seq., and §§ 16-5AA-1, et seq., must: 4.1.2.a. Possess a current, active, and unencumbered license to practice as a registered professional nurse in West Virginia; 4.1.2.b. Have practiced as a registered professional nurse in a position or capacity requiring knowledge of medications for the immediate two years, disregarding short absences, including, but not limited to, vacation or illness; 4.1.2.c. Be familiar with the nursing care needs of the residents assigned to the AMAP;4.1.2.d. Have successfully completed the authorized registered professional nurse training for the AMAP program; and4.12.e. Have knowledge of all facility policies and procedures pertaining to the AMAP program. 4.1.3. Number of testing opportunities. 4.1.3.a. The prospective authorized registered professional nurse has three opportunities to pass the competency test. 4.1.3.b. If the prospective authorized registered professional nurse does not pass the first testing opportunity, he or she must wait seven calendar days prior to taking the second testing opportunity. 4.1.3.c. If the prospective authorized registered professional nurse does not pass the second testing opportunity, the facility must request a third and final testing opportunity from the authorizing agency.4.1.3.d. If the prospective authorized registered professional nurse does not pass the third testing opportunity, he or she must wait six months to gain more training and experience prior to being able to start the competency testing process a second and final time. 4.2. Before delegating permitted tasks, the authorized registered professional nurse must decide whether the task is appropriate to delegate based on the criteria set forth by the delegation decision model as defined in subsection 2.3. of this rule. 4.3. The authorized registered professional nurse will determine whether the resident is in stable condition relative to the tasks proposed to be delegated to the AMAP. 4.4. Any facility with an approved AMAP program shall provide the authorizing agency a list of the AMAPs, upon request. 4.5. Any non-nursing home agency or facility with an approved AMAP program, shall purchase and maintain liability insurance for the coverage of the licensed and unlicensed personnel in the delivery of services, pursuant to W. Va. Code §§ 16-50-1, et seq., and this rule. 4.6. Exclusions from this rule for administration of medications in facilities. 4.6.1. Nothing in this rule may be construed to prohibit any facility staff member from providing prudent emergency assistance to aid any person who is in acute physical distress or requires emergency assistance, in the absence of trained medical or health care professionals. Examples of emergency assistance of acute physical distress requiring emergency assistance include, but are not limited to, the administration of cardiopulmonary resuscitation, Heimlich maneuver, and administration of naloxone or epinephrine. Facilities without trained medical or health care professionals on site should have the following in place: 4.6.1.a. The facility must have a policy related to administering lifesaving medications including, but not limited to, naloxone and epinephrine. 4.6.1.b. The facility policy must include a provision for staff to immediately call 911 prior to or in the process of carrying out lifesaving measures. 4.6.1.c. Staff must receive training on the administration of lifesaving medication and treatment by a qualified instructor. A qualified instructor is a professional acting within their scope of practice who has expertise in the area of instruction.4.6.2. Supervision of self-administration of medication by facility staff members who are not licensed health care professionals may be permitted in certain circumstances when the substantial purpose of the setting is other than the provision of health care. 4.6.3. Any parent or guardian may administer medication to, or perform health maintenance tasks, or both, for his or her adult or minor child regardless of whether or not the parent or guardian receives compensation for caring for said child. 4.7. Location where delegated tasks may be performed. For non-nursing homes, the location where authorized and permitted delegation of tasks are performed is not limited to the facility. 4.7.1. The facility must have a standard of practice in place to secure prescribed medications, including controlled substances, within the residential setting. 4.7.2. The facility must have a process in place for the AMAP to sign out the medication for administration when the resident is away from the residential setting. 4.7.3. Once medications are signed out, they must be secured by the AMAP for transportation until the time of administration. The act of signing out the medications is the beginning of the administration process. 4.7.4. The facility must provide appropriate methods for the AMAP to secure medications, including controlled substances and medications requiring specific temperatures.4.7.5. Delegation of tasks must be performed in a manner that protects the resident's personal privacy and dignity.