W. Va. Code » §16-39-3. Definitions.
West Virginia Code

W. Va. Code § 16-39-3 (2026)

Definitions

✓ current as of May 2026
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ARTICLE 39. PATIENT SAFETY ACT.

§16-39-3. Definitions.

For purposes of this article, the following words and phrases have the following meanings:

“Appropriate authority” means a federal, state, county, or municipal government body, agency or organization having jurisdiction over criminal law enforcement, regulatory violations, professional conduct or ethics, or waste or any member, officer, agent, representative, or supervisory employee thereof;

“Clergy” means an ordained clergy, such as a rabbi, priest, Islamic cleric, associate pastor, licensed minister, or lay minister serving under the direction of the congregation such as the Roman Catholic Eucharistic ministers;

“Commissioner” means the commissioner of the division of health;

“Direct patient care” means health care that provides for the physical, diagnostic, emotional, or rehabilitational needs of a patient or health care that involves examination, treatment, or preparation for diagnostic tests or procedures.

“Discrimination or retaliation” includes any threat, intimidation, discharge, or any adverse change in a health care worker’s position, location, compensation, benefits, privileges, or terms or conditions of employment that occurs as a result of a health care worker engaging in any action protected by this article.

“Good faith report” means a report of conduct defined in this article as wrongdoing or waste that is made without malice or consideration of personal benefit and which the person making the report has reasonable cause to believe is true.

“Health care entity” includes a health care facility, such as a hospital, clinic, nursing facility, or other provider of health care services.

“Health care facility” means:

(1) A hospital licensed pursuant to §16-5B-1 et seq. of this code;

(2) A nursing home licensed pursuant to §16-5C-1 et seq. of this code;

(3) An assisted living residence licensed pursuant to §16-5D-1 et seq. of this code; and

(4) Hospice licensed pursuant to §16-5I-1 et seq. of this code.

“Health care worker” means a person who provides direct patient care to patients of a health care entity and who is an employee of the health care entity, a subcontractor, or independent contractor for the health care entity, or an employee of the subcontractor or independent contractor. The term includes, but is not limited to, a nurse, nurse’s aide, laboratory technician, physician, intern, resident, physician assistant, physical therapist, or any other person who provides direct patient care.

“Patient” means a person living or receiving services as an inpatient at a healthcare facility.

“Public Health State of Emergency” means a federal or state declaration of a state of emergency arising from or relating to a public health crisis.

“Visitor” means any visitor from the patient’s family, or hospice visiting a patient in a healthcare facility.

“Waste” means the conduct, act, or omission by a health care entity that results in substantial abuse, misuse, destruction, or loss of funds, resources, or property belonging to a patient, a health care entity, or any federal or state program.

“Wrongdoing” means a violation of any law, rule, regulation, or generally recognized professional or clinical standard that relates to care, services, or conditions and which potentially endangers one or more patients or workers or the public.

Notes of Decisions
Cited in 11 cases (9 in the last 5 years), 2017–2025 · leading case: Camden-Clark Mem'l Hosp. Corp. v. Tuan Nguyen, M.D., 807 S.E.2d 747 (W. Va. 2017).
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Camden-Clark Mem'l Hosp. Corp. v. Tuan Nguyen, M.D., 807 S.E.2d 747 (W. Va. 2017). · cites it 6× “12 See W.Va. Code § 16-39-3 (6) (“‘Health care entity’ includes a health care facility, such as a hospital, clinic, nursing facility or other provider of health care services.”
Watkins v. Lincare Inc. (S.D.W. Va 2022). · cites it 5× “She also describes herself as a healthcare worker that provided direct patient care while employed by Defendant as contemplated by W. Va. Code §§ 16-39-3 (7) and 16-39-3(3).”
Rebecca Swisher v. Braxton Cnty. Mem'l Hosp., Inc. (2025). · cites it 5× “” W. Va. Code § 16-39-3 (2022). The court found it telling that the statute setting forth the WVPSA’s legislative findings and purpose was repealed by the Legislature prior to Ms.”
Watkins v. Lincare Inc. (S.D.W. Va 2024). · cites it 4× “” W. Va. Code § 16-39-3 (4). As noted above, Watkins was terminated from her position with Lincare.”
State ex rel. Grant Cnty. Comm'n v. Judge Nelson (W. Va. 2021). · cites it 2× “26 See W. Va. Code § 16-39-3 (6) (defining health care entity as “a health care facility, such as a hospital, clinic, nursing facility, or other provider of health care services.”
Hawley v. Hospice of Huntington, Inc. (S.D.W. Va 2021). · cites it 2× “The WVPSA defines “retaliation” as including any “adverse change in a health care worker’s position, location, compensation, benefits, privileges or terms or conditions of employment that occurs as a result of a health care worker engaging in any action protected by this article.”
Watkins v. Lincare Inc. (S.D.W. Va 2023). · cites it 2× “Retaliatory discharge because of good faith reports of wrongdoing under the West Virginia Patient Safety Act, W. Va. Code § 16-39-3 (4); 2. Retaliatory discharge in violation of public policy under Harless v.”
Davis v. Appalachian Reg'l Healthcare, Inc. (S.D.W. Va 2024). · cites it 2× “§ 16-39-3. “Any health care worker who believes that he or she has been retaliated or discriminated against in violation of [West Virginia Code section 16-39-4] may file a civil action in any court of competent jurisdiction against the health care entity and the person believed…”
Hall v. E. Panhandle Anesthesia Assocs. (N.D.W. Va. 2025). · cites it 2× “” W. Va. Code § 16-39-3 . “Health care facility” is further defined as “(1) A hospital licensed pursuant to § 16-5B-1 et seq.”
State ex rel. Grant Cnty. Comm'n v. Judge Nelson (W. Va. 2021). “at § 16-39-3(6) (eff. 2001). In the case sub judice, Ms.”
Reynolds v. Encompass Health Corp. (S.D.W. Va 2019). “” § 16-39-3(4). Thus, to establish a prima facie case of retaliation under the WVPSA, a plaintiff must show that he or she 4 “was a healthcare worker who was discriminated or retaliated against for making a good-faith report of wrongdoing or for advocating for patient safety.”
W. Va. Code § 16-39-3(4): 1 case
Reynolds v. Encompass Health Corp. (S.D.W. Va 2019). “” § 16-39-3(4). Thus, to establish a prima facie case of retaliation under the WVPSA, a plaintiff must show that he or she 4 “was a healthcare worker who was discriminated or retaliated against for making a good-faith report of wrongdoing or for advocating for patient safety.”
W. Va. Code § 16-39-3(6): 1 case
State ex rel. Grant Cnty. Comm'n v. Judge Nelson (W. Va. 2021). “at § 16-39-3(6) (eff. 2001). In the case sub judice, Ms.”
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