In 1999, the West Virginia Legislature passed a bill called the “Medication Administration by Unlicensed Personnel.” Prior to the passage of this bill, only licensed nurses were legally permitted to administer medications.

This law allows unlicensed personnel in specific settings to administer certain types of medication after successfully completing an approved training course. This law was enacted to improve medication administration while maintaining affordable, homelike atmospheres in the settings defined in the law.

These settings include: (1) Intermediate Care Facility for the mentally retarded (ICF/MR), (2) Assisted Living Residence (3) Behavioral Health Group Home, (4) a private residence in which health care services are provided under the supervision of a registered professional nurse, and an adult family care home that is licensed by or approved by the West Virginia Department of Health.

The unlicensed staff members are called Approved Medication Assistive Personnel (AMAP), are trained by OHFLAC approved registered professional nurses, and must work under the supervision of the registered professional nurse (RN).

The delegated task of administering medications shall be performed in compliance with West Virginia State Code §16-5O-1 et seq., and Legislative Rule Title 64, Series 60. The RN, in conjunction with approval by the resident/client attending physician, may delegate medication administration to the AMAP, after the AMAP has received the required training and testing and demonstrated competency in this task.

A Licensed Practical Nurse (LPN) does not have authority to delegate or supervise medication administration to AMAP staff. The RN maintains sole authority for determining when it is appropriate to delegate to AMAP staff.