At Charleston


By the Governor


WHEREAS, a State of Emergency was declared on the Sixteenth Day of March, Two Thousand Twenty for all counties in West Virginia (the “State of Emergency Declaration”), to allow agencies to coordinate and create necessary measures to prepare for and respond to the outbreak of respiratory disease caused by a novel coronavirus now known as COVID-19; and

WHEREAS, Chapter 15, Article 5, Section 6 of the Code of West Virginia authorizes the Governor to, among other things, suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or the orders, rules of any state agency, if strict compliance therewith would in any way prevent, hinder, or delay necessary action in coping with the emergency; and

WHEREAS, on the twenty-third day of March, Two Thousand Twenty, Executive Order 10-20 suspended certain provisions and sections of statute that it was advised would, if strictly complied with, hinder or delay necessary action in coping with the emergency; and

WHEREAS, our medical experts have now advised that two provisions in Executive Order 10-20 are not, at this time, necessary, but that such provisions may warrant suspension in the future as circumstances change.

NOW, THEREFORE, I, JIM JUSTICE, pursuant to the authority vested in me pursuant to the provision of Chapter 15, Article 5, Section 6 of the Code of West Virginia, hereby DECLARE and ORDER that, the following statutory regulations are to be reinstated immediately:

  1. Requirement for supervision or presence of any other healthcare provider when anesthesia is administered by a certified registered nurse anesthetist (CRNA) (W. Va. Code §30-7-15); and
  2. Requirement for advanced practice registered nurse (APRN) authorization for prescriptive authority, collaborative requirements for prescriptive authority, prescriptive formulary limitations, prescriptive refill and supply limitations, and other prescriptive limitations including continuing education and renewal requirements (W. Va. Code §30-7-15a, §30-7-l Sb, 30-7-l Sc).

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of West Virginia to be affixed.

DONE at the Capitol in the City of Charleston, State of West Virginia, this Twenty-sixth day of March, in the year of our Lord, Two Thousand Twenty in the One Hundred Fifty-seventh year of the State.