W. Va. Code R. § 19-13-16 - Discipline of a Dialysis Technician

16.1. Conduct, including, but not limited to the following, if proven by a preponderance of evidence, constitutes professional misconduct and the applicant or dialysis technician is subject to disciplinary action pursuant to W. Va. Code § 30-7C-10(c). The applicant or dialysis technician:

16.1.a. failed to adhere to common and current standards for dialysis care, including but not limited to standards established by national professional organizations, dialysis research, dialysis education, or the board;

16.1.b. failed to adhere to established standards in the practice setting to safeguard patient care;

16.1.c. knowingly committed an act which could adversely affect the physical or psychological welfare of a patient;

16.1.d. abandoned patients by terminating responsibility for nursing care, intervention, or observation without properly notifying appropriate personnel and ensuring the safety of patients;

16.1.e. practiced or offered to practice beyond the scope permitted by law or accepted and performed professional responsibilities that the dialysis technician knows or has reason to know that he or she is not certified, qualified, or competent to perform;

16.1.f. impersonated another certified dialysis technician;

16.1.g. permitted another person to use the dialysis technician's certification for any purpose;

16.1.h. permitted, aided, or abetted an unlicensed, uncertified, or unregistered person to perform activities requiring a license, certificate, or registration;

16.1.i. delegated or assigned responsibilities to another person when the dialysis technician delegating the responsibilities knows or has reason to know that person is not qualified by training, experience or certification to perform them;

16.1.j. practiced as a dialysis technician while his or her certification is suspended, lapsed, or inactive;

16.1.k. failed to comply with terms and conditions imposed by the board based upon previous disciplinary action of the board;

16.1.l. practiced as a dialysis technician while the ability to safely and effectively practice is compromised by alcohol or drugs;

16.1.m. is addicted to a controlled substance;

16.1.n. is a chronic or persistent alcoholic;

16.1.o. engaged in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public or any member of the public;

16.1.p. practiced as a dialysis technician while the ability to safely and effectively practice was compromised by physical or mental disability;

16.1.q. refused or failed to report for a physical or mental examination, including but not limited to laboratory or other tests, requested by the board;

16.1.r. provided false or incorrect information to an employer or potential employer regarding the status of certification, or failed to inform an employer or potential employer of a change in the status of a certification;

16.1.s. knowingly falsified an application for employment;

16.1.t. knowingly provided false information regarding completion of educational programs;

16.1.u. falsified patient records or intentionally charted incorrectly;

16.1.v. improperly, incompletely, or illegibly documented the delivery of care, including but not limited to treatment or medication;

16.1.w. knowingly made or filed a false report;

16.1.x. knowingly or negligently failed to file a report or record required by state or federal law;

16.1.y. willfully impeded or obstructed the filing of a report or record required by state or federal law;

16.1.z. induced another person to file a false report or obstructed the filing of a report required by state or federal law;

16.1.aa. failed to report to the board within thirty (30) days, knowledge of a violation by a dialysis technician of W. Va. Code § 30-7C-1 et seq., this rule, any other applicable state law or rule or any applicable federal law or regulation;

16.1.bb. failed to report through proper channels a violation of any applicable state law or rule, any applicable federal law or regulation or the incompetent, unethical, illegal, or impaired practice of another person who provided health care;

16.1.cc. impeded or obstructed an investigation by the board by failing to comply or respond to requests for action or information;

16.1.dd. violated any provision of W. Va. Code § 30-7C-1 et seq., or rules governing the practice of the dialysis technician, or a rule or order of the board, or failed to comply with a subpoena or subpoena duces tecum issued by the board;

16.1.ee. failed to register or notify the board of any changes of name or mailing address;

16.1.ff. failed to accept certified mail from the board, when mailed to the dialysis technician's last address on record in the board's office;

16.1.gg. failed to disclose to the board a criminal conviction in any jurisdiction;

16.1.hh. was convicted of a misdemeanor or felony which involved fraud, deceit, a breach of trust, or physical harm or endangerment to others, or acts that bear directly on the qualifications or ability of the dialysis technician to practice dialysis care;.

16.1.ii. failed to disclose information when required by the board concerning treatment or counseling for substance abuse, or participation in any peer assistance program;

16.1.jj. provided false information on any application, or any other document submitted to the board;

16.1.kk. misappropriated medications, supplies, or personal items of a patient or employer;

16.1.ll. self-administered or otherwise took into his or her body any prescription drug in any way not in accordance with a legal, valid prescription or used any illicit drug;

16.1.mm. is listed on the nurse aide abuse registry in this state or any other state, territory, jurisdiction or foreign nation;

16.1.nn. physically or verbally abused, or failed to provide adequate protection or safety for an incapacitated individual in the context of a dialysis technician-patient/client relationship;

16.1.oo. used the dialysis technician-patient/client relationship to exploit a patient or client;

16.1.pp. engaged a patient or client in sexual activity or became romantically involved with a patient or client while still responsible for the care of that patient or client;

16.1.qq. failed to maintain appropriate professional boundaries in the dialysis technician-patient/client relationship;

16.1.rr. failed to report that his or her authority to practice as a dialysis technician in any other state, territory, jurisdiction or foreign nation was revoked, suspended, restricted or limited, or otherwise acted against, that he or she was subjected to any other disciplinary action by the credentialing or certifying authority, or that he or she was denied certification or credentialing in any other state, territory, jurisdiction, or foreign nation;

16.1.ss. practiced as a dialysis technician by way of telecommunications or otherwise, in any other state, territory, jurisdiction, or foreign nation, without the authority from that state, territory, jurisdiction or foreign nation to do so and not in accordance with the law of that state, territory jurisdiction, or foreign nation; or

16.1.tt. was found guilty for improper professional practice or professional misconduct by a duly authorized professional disciplinary agency or licensing or certifying or credentialing body or board in this or another state or territory, where the conduct upon which the finding was based would, if committed in this state, constitute professional misconduct under the laws of this state, may serve as a basis for disciplinary action by this board.

16.2. Upon a finding of probable cause that a basis for disciplinary action exists, the board may require a dialysis technician or a person applying for certification to practice as a dialysis technician in this state to submit to a physical or psychological examination by a practitioner approved by the board. Any individual who applies for or accepts the privilege of practicing as a dialysis technician in this state is considered to have given consent to submit to all such examinations when requested to do so in writing by the board and to have waived all objections to the admissibility of the testimony or examination report of any examining practitioner on the ground that the testimony or report is a privileged communication. If an applicant or dialysis technician fails or refuses to submit to any examination under circumstances which the board finds are not beyond his or her control, that failure is prima facie evidence of his or her inability to practice as a dialysis technician competently and in accordance with accepted standards for professional practice. A dialysis technician or person applying for certification as a dialysis technician who is adversely affected by this provision may request a hearing within thirty days of any action taken by the board.

16.3. Based on the nature of the complaint filed against a technician or of the information received about an applicant, the board may require the technician or applicant to request and submit to the board the results of a state and national electronic criminal history records check by the State Police.

16.3.a. The technician or applicant under investigation shall furnish to the State Police a full set of fingerprints and any additional information required to complete the criminal history records check.

16.3.b. The technician or applicant under investigation is responsible for any fees required by the State Police in order to complete the criminal history records check.

16.3.c. The board may require the technician or applicant to obtain an electronic criminal history records check from a similar agency in the state of the technician or applicant's residence, if outside of West Virginia.

16.3.d. Instead of requiring the technician or applicant under investigation to apply directly to the State Police for the criminal history records checks, the board may contract with a private vendor to provide the services required in this subsection.

16.3.e. The board may deny certification or take disciplinary action against any technician or applicant who fails or refuses to submit the criminal history records checks required by this subsection.

16.4. If the board finds that public health, safety and welfare requires emergency action and incorporates a finding to that effect into its order, the board shall order summary suspension of a certification pending proceedings for revocation of the certification or other action. The board shall promptly institute and determine further disciplinary action.

16.5. In addition to the disciplinary actions provided in W. Va. Code § 30-7C-10, the board may also levy fines and assess administrative costs in accordance W. Va. Code § 30-1-8.

Notes

W. Va. Code R. § 19-13-16