West Virginia Nurse Practice Act: Facility Guide

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Written by Katherine Zheng, PhD, BSN Content Writer, IntelyCare
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Reviewed by Aldo Zilli, Esq. Senior Manager, B2B Content, IntelyCare
Nurses in West Virginia meet with a physician.

From medication aides to registered nurses (RNs), there are many different types of roles that make up the nursing profession. In order to better define how these roles function, each state is responsible for enacting laws that govern nursing practice. In West Virginia, Nurse Practice Act (NPA) provisions serve as the regulatory guidelines that nurses of all levels must follow to deliver safe and competent care.

Facility leaders also play an important role in enforcing these standards. To help you build a better culture of safety among your staff, we’ll summarize key components of the West Virginia NPA and share tips on how to promote compliance.

West Virginia Nurse Practice Act at a Glance

West Virginia has two different licensing boards responsible for overseeing nursing practice: the RN Board and the State Board of Examiners for Licensed Practical Nurses. Both boards work together to enforce guidelines of the NPA, which outlines professional standards, delegation, scope of practice, and credentialing rules for nursing professionals working throughout the state. We’ll outline a summary of these guidelines below.

WV Nurse Practice Act Summary
Legal Authorities West Virginia Code, Chapter 30:

West Virginia Administrative Law:

Nursing Licensure Requirements To obtain an RN license in West Virginia, applicants must get licensed either by examination or endorsement.

Steps to receive licensure by examination:

  1. Complete an accredited nursing program.
  2. Apply for licensure with the RN Board.
  3. Register for the NCLEX exam.
  4. Receive NCLEX exam authorization from the RN board.
  5. Pass the NCLEX exam.
  6. Complete a criminal background check.

Steps to receive licensure by endorsement:

  1. Apply for licensure in your primary state of residence.
  2. If the primary state is part of the nursing compact, you can practice in the state of WV with your multistate license.

Information about the LPN licensure process can be found on the State Board of Examiners for Licensed Practical Nurses website.

Scope of Practice Guidelines The West Virginia Nurse Practice Act doesn’t list specific tasks that fall under the nursing scope of practice. However, it does establish more general standards to help nursing professionals make sound decisions.

The specific regulations containing these standards are linked below:

The nursing boards have also created a comprehensive booklet that RNs, LPNs, and APRNs can refer to when trying to determine what types of tasks are safe to carry out.

Delegation Rules Delegation guidelines outlined in the WV code are summarized in the Boards’ joint publication on delegation models. Facility leaders should refer to this for more detailed guidance. However, here are some key points to consider:

  • APRNs and RNs in WV can make independent delegation decisions.
  • All tasks that RNs delegate to LPNs or unlicensed assistive personnel (UAPs) must align with the delegatee’s scope of practice and level of competence.
  • LPNs have a dependent role under the direction of RNs, and tasks delegated to UAPs fall under the responsibility of the RN or APRN.
Violations and Penalties Section 30-7A-11 outlines acts that are considered misdemeanors. These acts can include:

  • Selling or fraudulently obtaining any nursing diploma or license.
  • Practicing nursing with a suspended or revoked license.
  • Conducting a professional or practical nursing education program that has not been approved by the Board.
  • Running a nursing school or course without accreditation from the Board.
  • Violating any other provisions outlined in the WV code and laws.

All misdemeanors are subject to a penalty of no more than $100. The board can also apply additional penalties, such as licensure revocation or remedial education, as appropriate.

Nurse Licensure Compact (NLC) State? West Virginia is part of the NLC, meaning that nurses within the state can practice according to the rules and guidelines established by the NLC.

Improving NPA Compliance: 3 Tips for Facilities

With this understanding of the West Virginia Nurse Practice Act, you may be wondering how to put these provisions into practice. Follow these three tips to help your staff meet the highest standards of care.

1. Send Out Regular Licensure Renewal Reminders

Nurses need to maintain active licenses in order to continue working. In WV, LPNs must renew their licenses annually and RNs must renew them every other year in even years. The state also has specific continuing education requirements that nurses must complete alongside their application. Sending out annual renewal reminders and linking to these requirements can help your staff meet these deadlines.

2. Stay Informed Through the Board’s Newsletters

The WV RN Board regularly publishes newsletters with pertinent updates or guidance regarding the NPA. These newsletters break down regulatory information and provide centralized information for both nurses and facility leaders. Keeping up with these publications is not only an effective way to get the latest information, but can also clear up any points of confusion you may have about nurse practice laws.

3. Educate Staff on How to Accept and Reject Assignments

Beyond knowing how to delegate tasks, it’s also important for nurses to understand how to appropriately accept and reject assignments. The WV RN board provides helpful guidelines for nurses and managers regarding this type of collaborative decision-making. Educating your nurses on these guidelines will not only empower them to advocate for themselves and their patients, but it will also help build more trust between you and your staff.

Stay On Top of the Latest Nursing News

Regulations like the West Virginia Nurse Practice Act are constantly evolving, and it can feel overwhelming to keep up with everything impacting your staff. Looking for easier ways to stay informed? Our team of healthcare experts can get you the information you need, when you need it — all at no cost to you.

 

Legal Disclaimer: This article contains general legal information, but it is not intended to constitute professional legal advice for any particular situation and should not be relied on as professional legal advice. Any references to the law may not be current, as laws regularly change through updates in legislation, regulation, and case law at the federal and state level. Nothing in this article should be interpreted as creating an attorney-client relationship. If you have legal questions, you should seek the advice of an attorney licensed to practice in your jurisdiction.


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