Bill Text: WV HB4495 | 2022 | Regular Session | Introduced
Bill Title: Allowing professional nurses and advance practice registered nurses, or the equivalent, to practice in West Virginia, provided that they are licensed in another state
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2022-02-02 - To House Health and Human Resources [HB4495 Detail]
Download: West_Virginia-2022-HB4495-Introduced.html
WEST VIRGINIA LEGISLATURE
2022 REGULAR SESSION
Introduced
House Bill 4495
By Delegates Hanshaw (Mr. Speaker)
and Skaff,
[By Request Of The Executive]
[Introduced February 02, 2022; Referred to the Committee on Health and Human Resources]
A BILL to amend and reenact §30-7-2 of the Code of West Virginia, 1931, as amended, relating to allowing eligible professional nurses and advance practice registered nurses, or the equivalent, to practice in West Virginia; providing for registration with the West Virginia Board of Examiners for Registered Professional Nurses; providing for timely consideration and approval or denial of applications for registration; and revising the style of certain phrases.
Be it enacted by the Legislature of West Virginia:
ARTICLE 7. REGISTERED PROFESSIONAL NURSES.
§30-7-2. License required to practice.
(a) It Except
under the provisions of subsection (c) of this section or as otherwise
expressly allowed under this section, it is unlawful for any person not
licensed under the provisions of this article to practice or to offer to
practice registered professional nursing in this state, or to use any title,
sign, card or device to indicate that such person is a registered professional
nurse: Provided, That any professional nurse holding an active, unencumbered
license to practice in another state, who accompanies a patient to whom he or
she administers nursing care while such patient is in transit or being
transported into, out of, or through this state, may practice without a license
issued under this article with the following limitations: (1) Such nurse may
only administer nursing care to the patient whom they are accompanying in this
state; and (2) under no circumstances is any such nurse authorized to practice
nursing in this state for longer than 48 hours within any three-month period;
and (3) under no circumstances shall any such nurse hold him or herself out as
a registered professional nurse licensed in this state. Such forty-eight
hour The 48-hour period shall commence and run from the time such
nurse first enters the borders of this state in the company of his or her
patient and therefrom run continuously, whether or not such nurse dispenses
nursing care, until such forty-eight hour the 48-hour period has
elapsed.
(b) To practice as an advanced practice registered
nurse in this state, a person must have a valid advanced practice registered
nurse license issued by the board or must be registered with the board under
subsection (c) of this section. It Except under the provisions of
subsection (c) of this section or as otherwise expressly allowed under this
section, it is unlawful for any person to practice or offer to practice as
an advanced practice registered nurse, to use any title, sign, card or device
to indicate or give the impression that such person is an advanced practice
registered nurse or to practice as, perform the role of, or use any title,
sign, card or device to indicate that the person is a certified registered
nurse anesthetist, certified nurse-midwife, clinical nurse specialist or certified
nurse practitioner, unless that person is currently licensed by or
registered with the board as an advanced practice registered nurse.
(c) Any professional nurse or advance practice registered nurse, or equivalent, holding an active, unencumbered license to practice in another state may practice in the State of West Virginia upon registration with and confirmation of unencumbered license status by the West Virginia Board of Examiners for Registered Professional Nurses. Upon receiving an application for registration from a professional nurse or advance practice registered nurse, or equivalent, holding an active license to practice in another state, the West Virginia Board of Examiners for Registered Professional Nurses shall, within five days, contact the applicable state licensing body for the state in which an applicant professional nurse or advance practice registered nurse, or equivalent, claims unencumbered licensure and shall approve or deny registration based upon the report of the applicable state licensing body, and shall communicate the decision to the professional nurse or advance practice registered nurse, or equivalent, and any employer listed on an application, by electronic means, within five additional days. For the purposes of this subsection, an unencumbered license has no outstanding or pending complaints, investigations, consent orders, board orders, pending disciplinary proceedings, or other similar outstanding issues related to such license.
NOTE: The purpose of this bill is to allow for nurses licensed in another state to practice in the State of West Virginia upon registration with the West Virginia Board of Examiners for Registered Professional Nurses.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
