Notwithstanding any other provision of law, emergency medical service personnel may provide the services as determined by the commissioner by legislative rule pursuant to the provisions of article three, chapter twenty-nine-a of this code. Legislative rules governing provision of these services in a hospital emergency room setting shall be developed by the commissioner and shall include provisions allowing paramedics to function under the direct supervision of a registered professional nurse in a hospital emergency room setting. Provision of these services in an emergency room hospital setting shall not be initiated until a legislative rule establishing training requirements, standards and requirements for these functions is in effect. The Legislature therefore directs the commissioner to propose this legislative rule on or before July 1, 2006. Further, the Commissioner may promulgate this rule as an emergency rule pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code. Any rule so promulgated shall provide that paramedics are under the jurisdiction of the commissioner. The West Virginia Board of Registered Professional Nurses may propose legislative rules, pursuant to article three, chapter twenty-nine-a of the code relating to the scope of practice for nurses as those practices relates to overseeing these paramedics. The provisions of this section and any rules promulgated thereunder may not be construed to alter in any manner the duties, role or responsibilities of attending physicians regarding the providing and oversight of patient care.
Structure West Virginia Code
Article 4C. Emergency Medical Services Act
§16-4C-6. Powers and Duties of Commissioner
§16-4C-6a. Emergency Medical Services Agency Licensure
§16-4C-7. Vehicles, Aircraft and Persons Aboard Them Exempted From Requirements of Article
§16-4C-8. Standards for Emergency Medical Services Personnel
§16-4C-8a. Courtesy Certification of Emergency Medical Services Personnel in Surrounding States
§16-4C-9. Complaints; Investigations; Due Process Procedure; Grounds for Disciplinary Action
§16-4C-10. Procedures for Hearing; Right of Appeal; Judicial Review
§16-4C-11. Liability for Cost of Emergency Medical Service
§16-4C-12. Violations; Criminal Penalties
§16-4C-13. Actions to Enjoin Violations; Injunctive Relief
§16-4C-14. Services That May Be Performed by Emergency Medical Service Personnel
§16-4C-16. Limitation of Liability; Mandatory Errors and Omissions Insurance
§16-4C-17. Limitation of Liability for Failure to Obtain Consent
§16-4C-18. Authority of Emergency Medical Service Personnel in Charge of Emergency Medical Services
§16-4C-20. Service Reciprocity Agreements for Mutual Aid
§16-4C-22. Transportation of Unconscious or Otherwise Uncommunicative Patients