W. Va. Code R. § 64-48-6

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 64-48-6 - Personnel

6.1. Minimum Eligibility Requirements. -- An applicant for certification, and a certificate holder, shall:

6.1.1. Be at least 18 years of age. Emergency Medical Responder and Emergency Medical Technician minimum must be 16 years of age or older. Persons under 18 years of age may not serve as primary patient care attendant or driver of any EMS vehicle;

6.1.2. Be neat and clean in appearance;

6.1.3. Possess the ability to speak, read, comprehend, and write the English language;

6.1.4. Possess physical and mental abilities to independently perform all relevant EMS skills including, but not limited to, performing physical assessments, providing appropriate patient care, calculating medication dosages, communicating effectively, and documenting patient care activities;

6.1.5. Possess manual dexterity and fine motor skills required to perform all patient care functions;

6.1.6. Possess the ability to bend, stoop, crawl, and walk on uneven surfaces; and

6.1.7. Meet minimum vision requirements to operate a motor vehicle in this state.

6.2. Standards of Conduct.

6.2.1. Certified personnel shall comply with all applicable rules, policies and procedures implemented by the State Emergency Medical System.

6.2.2. Certified personnel shall comply with all federal, state, and local laws.

6.2.3. Certified personnel may not be impaired by legal or illegal drugs or intoxicating substances while on duty, when responding to or operating at incidents, and when engaged in any patient care activities.

6.2.4. Certified personnel may not misrepresent themselves as authorized to perform a level of care for which they are not currently certified or authorized nor provide that care. However, students currently enrolled in an approved education program when properly authorized and supervised may provide care for which they are trained.

6.2.5. Certified personnel may not obtain, aid, or encourage another person or entity to obtain agency licensure, vehicle permits, certification, endorsement, or designation through fraud, deceit, forgery, or other misrepresentation or falsification of information.

6.2.6. Certified personnel may not make false statements or misrepresentations, file false credentials, or conceal or omit information from OEMS regarding an application for agency licensure, vehicle permitting, certification, endorsement, or investigation.

6.2.7. Certified personnel may not alter or change the appearance or wording of any license, permit, certificate, endorsement, designation, patient care record, or other official documents for the purpose of fraud, deceit, forgery, or other deliberate misrepresentation or falsification of information.

6.2.8. Certified personnel may not possess, remove, use, or administer any controlled substances, medications, medication delivery devices, or other regulated medical devices from any EMS agency, EMS vehicle, healthcare facility, academic institution, or other location without documented authorization.

6.2.9. Certified personnel may not discriminate in the provision of emergency medical services based on race, gender, religion, age, national origin, medical condition, or any other reason prohibited by law.

6.2.10. Certified personnel may not engage in illegal harassment of patients or coworkers.

6.2.11. Certified personnel may not disclose medical information regarding any patient without that patient's consent, except that information required for continuation of treatment, for payment purposes or operations, including quality review investigations and training, or by mandate of a legally issued subpoena or lawful court order.

6.2.12. Certified personnel shall disclose illegal, unethical acts and conduct of EMS personnel or agencies to OEMS.

6.2.13. Certified personnel shall possess state issued certification credentials while on duty, when responding to or operating at EMS incidents, and when engaged in any patient care activities.

6.2.14. Certified personnel shall report to OEMS and to their affiliated EMS agencies within 10 days any arrest, indictment, misdemeanor or felony conviction, or revocation, suspension, or other disciplinary sanction of a certificate or other privilege to practice any health care profession or occupation in any state or exclusion from federal reimbursement programs.

6.3. Certification Requirements. -- In addition to the requirements of subsection 6.1. of this rule, an applicant for Emergency Medical Dispatcher, Emergency Medical Responder, Emergency Medical Technician, Advanced Emergency Medical Technician, Paramedic, Mobile Critical Care Paramedic, or Mobile Critical Care Nurse certification shall:

6.3.1. Apply in a format prescribed by the Commissioner;

6.3.2. Submit the appropriate fees as described in subsections 6.8. and 6.9. of this rule;

6.3.3. Continuously meet all requirements for EMS personnel as described in this rule;

6.3.4. Disclose any limitations or exclusions by an EMS agency, State Medical Director, or any other healthcare profession certification or licensing authority in any state. The limitations or exclusions may be considered by the Commissioner prior to issuance of certification in West Virginia;

6.3.5. Possess valid CPR certification prescribed by the Commissioner;

6.3.6. Submit to a criminal history check and the results of the criminal background check do not indicate that the applicant:

6.3.6.a. Demonstrates an inability or unwillingness to comply with state laws, rules, procedures, etc.; or

6.3.6.b. Poses a threat to public safety, health, or welfare.

6.3.7. Successfully complete an education program appropriate for the level of certification as prescribed by the Commissioner;

6.3.8. Successfully complete a cognitive and skills examination appropriate for the level of certification as prescribed by the Commissioner; and

6.3.9. Meet other requirements established by the Commissioner.

6.4. Recertification Requirements. -- An applicant for Emergency Medical Dispatcher, Emergency Medical Responder, Emergency Medical Technician, Advanced Emergency Medical Technician, Paramedic, Mobile Critical Care Paramedic, or Mobile Critical Care Nurse recertification shall:

6.4.1. Apply for recertification during the last year of his or her certification period, but no later than 90 days prior to the end of the applicant's certification period;

6.4.2. Apply in a format prescribed by the Commissioner;

6.4.3. Submit the appropriate fees as described in subsections 6.8. and 6.9. of this rule;

6.4.4. Continuously meet all requirements for personnel as described in this rule;

6.4.5. Disclose any limitations or exclusions by an EMS agency, State Medical Director, or any other healthcare profession certification or licensing authority in any state. The limitations or exclusions may be considered by the Commissioner prior to issuance of recertification in West Virginia;

6.4.6. Possess valid CPR certification prescribed by the Commissioner;

6.4.7. Complete refresher and continuing medical education prescribed by the Commissioner appropriate for the level of certification;

6.4.8. Demonstrate continued competency via one of the following methods:

6.4.8.a. The applicant shall maintain continuous National Registry certification, or

6.4.8.b. Successfully complete any NREMT cognitive and skills examinations prescribed by the Commissioner appropriate for the level of certification; and

6.4.9. Meet other requirements established by the Commissioner.

6.5. Credential Transfer Requirements-- The Commissioner may grant certification, including a temporary certification pursuant to subsection 6.13. of this rule, to an individual certified as an Emergency Medical Dispatcher, Emergency Medical Responder, Emergency Medical Technician, Advanced Emergency Medical Technician, Paramedic, or equivalent levels, in another U. S. state or territory provided that the individual:

6.5.1. Meets all requirements for the certification level for which he or she is applying as described in this rule including the submission of the appropriate fee as provided in subsection 6.8. of this rule;

6.5.2. Demonstrates current equivalent education and certification in another U.S. state or territory, the U.S. military, or a federal agency;

6.5.3. Submits to a criminal history background check and the results of the criminal background check do not indicate that the applicant:

6.5.3.a. Demonstrates an inability or unwillingness to comply with state laws, rules, procedures, etc.; or

6.5.3.b. Poses a threat to public safety, health, or welfare.

6.5.4. Demonstrates competency via one of the following methods:

6.5.4.a. The applicant must possess current National Registry certification at the appropriate level;

6.5.4.b. Previous National Registry certification at the appropriate level with continuous, current, state certification with 120 days or more remaining; or

6.5.4.c. Possess a valid state certification with 120 days or more remaining, provided that the applicant may be required to successfully complete state cognitive and skills examinations prescribed by the Commissioner.

6.5.5. Completes training and education, including West Virginia protocols and scope of practice at the appropriate level within 120 days;

6.5.6. Meets other requirements established by the Commissioner; and

6.5.7. Discloses any limitations or exclusions by an EMS agency, State Medical Director, or any other healthcare profession certification or licensing authority in any state. The limitations or exclusions may be considered by the Director or Commissioner prior to issuance of certification in any state.

6.6. Certification Period. -- Certification as an Emergency Medical Dispatcher, Emergency Medical Vehicle Operator, Emergency Medical Responder, Emergency Medical Technician, Advanced Emergency Medical Technician, Paramedic, Mobile Critical Care Paramedic or Mobile Critical Care Nurse is valid for a period of four years with expiration dates determined by the Commissioner.

6.7. Emergency Medical Vehicle Operator.

6.7.1. Certification Requirements. -- The applicant shall:

6.7.1.a. Apply in a format prescribed by the Commissioner;

6.7.1.b. Submit the appropriate fees as described in subsection 6.8. of this rule;

6.7.1.c. Be 18 years of age or older;

6.7.1.d. Possess valid CPR certification prescribed by the Commissioner;

6.7.1.e. Successfully complete hazardous materials awareness training meeting Department of Labor, Occupational Safety and Health Administration (OSHA) 1910.120 requirements or greater;

6.7.1.f. Successfully complete first aid training meeting United States Department of Labor, OSHA 1910.266, appendix B, requirements or greater;

6.7.1.g. Submit to a criminal history background check and the results of the criminal background check do not indicate that the applicant:

6.7.1.g.1. Demonstrates an inability or unwillingness to comply with state laws, rules, procedures, etc.; or

6.7.1.g.2. Poses a threat to public safety, health, or welfare.

6.7.1.h. Disclose any limitations or exclusions by an EMS agency, State Medical Director or any other healthcare profession certification or licensing authority in any state. The limitations or exclusions may be considered by the Commissioner prior to issuance of certification credentials;

6.7.1.i. Possess and maintain a valid driver's license;

6.7.1.j. Not have been convicted of driving under the influence of alcohol or drugs, reckless driving or other vehicular violation causing bodily injury or death within the two years prior to submitting an application; and

6.7.1.k. Successfully complete an emergency vehicle operator course approved by the Commissioner.

6.7.2. Recertification requirements. -- The applicant shall:

6.7.2.a. Apply in a format prescribed by the Commissioner;

6.7.2.b. Submit the appropriate fees as described in subsection 6.8. of this rule;

6.7.2.c. Possess valid CPR certification prescribed by the Commissioner;

6.7.2.d. Successfully complete hazardous materials awareness training meeting U.S. Department of Labor OSHA 1910.120 requirements or greater;

6.7.2.e. Possess valid first aid certification meeting U.S. Department of Labor OSHA 1910.266, appendix B requirements or greater; and

6.7.2.f. Possess and maintain a valid driver's license.

6.8. Fees. An applicant for Emergency Medical Vehicle Operator, Emergency Medical Responder, Emergency Medical Technician, Advanced Emergency Medical Technician, Paramedic, Mobile Critical Care Paramedic or Mobile Critical Care Nurse applicants, to be deposited in the Emergency Medical Services Agency Licensure Fund, established by the provisions of W. Va. Code § 16-4C-6b, shall pay the following non-refundable certification fees:

6.8.1. Initial certification via National Registry or state examination: $75;

6.8.2. Recertification via National Registry maintenance or state process: $37.50;

6.8.3. Legal recognition: $100;

6.8.4. Reinstatement:

6.8.4.a. Certification expired beyond two years: $100;

6.8.4.b. Certification suspended or otherwise expired as a result of actions taken per subsection 7.5. of this rule: $100.

6.8.5. National Criminal Background Check: $45.

6.9. Fees for Emergency Medical Dispatcher applicants:

6.9.1. application: $25.

6.9.2. Recertification: $25.

6.10. Fee for certification modification: $10.

6.11. Card or certificate replacement: $5.

6.12. Late (within 90 days of expiration date) recertification application: additional $25.

6.13. Temporary Certification.

6.13.1. Upon application for certification pursuant to subsection 6.5. of this rule, the Commissioner may issue a temporary emergency medical service personnel certificate to an applicant, with or without examination, who submits to a preliminary criminal history background check and the results of the preliminary criminal background check do not indicate that the applicant:

6.13.1.a. Demonstrates an inability or unwillingness to comply with state laws, rules, procedures, etc.; or

6.13.1.b. Poses a threat to public safety, health, or welfare, when he or she finds that issuance to be in the public interest.

6.13.2. Unless suspended or revoked, a temporary certificate shall be valid initially for a period not exceeding 120 days and may not be renewed unless the Commissioner finds the renewal to be in the public interest.

6.14.AEMT Certification. In the event that the National Registry of Emergency Medical Technicians ceases to recertify individuals with an Advanced Emergency Medical Technician certification, the Commissioner will either:

6.14.1. Terminate the AEMT certification;Provided: That persons who are certified as an AEMT at the time of the termination of the AEMT certification may continue to provide services pursuant to their certification until the expiration of their certification; or

6.14.2. Establish state certification standards to replace the National EMS Certification.

W. Va. Code R. § 64-48-6