Chapter 16, Chapter 16

Notwithstanding any other law, a licensing board may not revoke, fail to renew, suspend or take any action against a health care provider’s license issued pursuant to chapter thirty of this code based solely on the health care provider’s recommendations to an eligible patient reg…

An official, employee or agent of this state shall not block or attempt to block an eligible patient’s access to an investigational drug, biological product or device. Counseling, advice or a recommendation consistent with medical standards of care from a licensed health care pro…

This article does not create a private cause of action against a manufacturer of an investigational drug, biological product or device, against a health care provider as defined in section two, article seven-b, chapter fifty-five of this Code, or against any other person or entit…

Nothing in this article affects the mandatory health care coverage for participation in clinical trials pursuant to section two, article twenty-five-f, chapter thirty-three of this code.

(a) The Secretary of the Department of Human Services shall ensure that substance use disorder treatment or recovery services, or both, are made available in locations throughout the state which the department determines to be the highest priority for serving the needs of the sta…

The Ryan Brown Addiction Prevention and Recovery Fund is created in the state treasury as a special revenue account. The fund shall be administered by the Secretary of the Department of Human Services and shall consist of all moneys made available for the purposes of this article…

The Secretary of the West Virginia Department of Human Services shall promulgate emergency rules pursuant to the provisions of §29A-3-15 of this code to effectuate the provisions of this article.

As used in this section: "Acute pain" means a time limited pain caused by a specific disease or injury. "Chronic pain" means a noncancer, nonend of life pain lasting more than three months or longer than the duration of normal tissue healing. "Health care practitioner" or "practi…

(a) The office shall establish a voluntary nonopioid advanced directive form. The form shall be available on the office’s web site. The form shall indicate to a health care practitioner that an individual may not be administered or offered a prescription or medication order for a…

Prior to issuing a prescription for a Schedule II opioid drug, a practitioner shall: (1) Advise the patient regarding the quantity of the Schedule II opioid drug and a patient’s option to fill the prescription in a lesser quantity; and (2) Inform the patient of the risks associat…

(a) When issuing a prescription for a Schedule II opioid drug to an adult patient seeking treatment in an emergency room for outpatient use, a health care practitioner may not issue a prescription for more than a four-day supply: Provided, That a prescription for a Schedule II op…

(a) After issuing the initial Schedule II opioid drug prescription as set forth in §16-54-4 of this code, the practitioner, after consultation with the patient, may issue a subsequent prescription for a Schedule II opioid drug to the patient if: (1) The subsequent prescription wo…

(a) At the time of the issuance of the third prescription for a Schedule II opioid drug the practitioner shall consider referring the patient to a pain clinic or a pain specialist. The practitioner shall discuss the benefits of seeking treatment through a pain clinic or a pain sp…

(a) This article does not apply to a patient who is currently in active treatment for cancer, receiving hospice care from a licensed hospice provider or palliative care provider, or is a resident of a long-term care facility. (b) This article does not apply to a patient being pre…

(a) When a patient seeks treatment, a health care practitioner shall refer or prescribe to the patient any of the following treatment alternatives, as is appropriate based on the practitioner’s clinical judgment and the availability of the treatment, before starting a patient on …

A violation of this article is grounds for disciplinary action by the board that regulates the health care practitioner who commits the violation.

As used in this article: "Dispense" means the same as that term is defined in §30-5-4 of this code. "Patient counseling" means the same as that term is defined in §30-5-4 of this code. "Pharmacist" means the same as that term is defined in §30-5-4 of this code. "Pharmacy intern" …

This article does not create a duty or standard of care for a person to prescribe or dispense tobacco cessation therapy.

A pharmacist licensed under §30-5-1 et seq. of this code may initiate and dispense a noncontrolled prescription medication, over-the-counter medication, or other professional service to a patient who is 18 years old or older; pursuant to a standing prescription drug order made in…

(a) The Commissioner of the Bureau for Public Health or designee shall prescribe on a statewide basis a tobacco cessation therapy by one or more standing orders permitting pharmacists to initiate the dispensing of noncontrolled prescription medications, over-the-counter medicatio…

The Board of Pharmacy shall approve a training program or programs to be eligible to participate in the utilization of the standing prescription drug order for tobacco cessation therapy by a pharmacist. Documentation shall be provided to the Board of Pharmacy upon request.

(a) A pharmacist who dispenses a tobacco cessation therapy under this article shall follow the Tobacco Cessation Therapy Protocol, that has been approved by the Commissioner of the Bureau for Public Health in collaboration with the Board of Pharmacy and the Board of Medicine, bef…

As used in this article: "Dispense" means the same as that term is defined in §30-5-4 of this code. "Patient counseling" means the same as that term is defined in §30-5-4 of this code. "Pharmacist" means the same as that term is defined in §30-5-4 of this code. "Self-administered…

This article does not create a duty or standard of care for a person to prescribe or dispense a self-administered hormonal contraceptive.

(a) A pharmacist licensed under §30-5-1 et seq. of this code may dispense a self-administered hormonal contraceptive: (1) pursuant to a standing prescription drug order made in accordance with §16-57-4 of this code without any other prescription drug order from a person licensed …

The state health officer may prescribe on a statewide basis a self-administered hormonal contraceptive by one or more standing orders in accordance with a protocol consistent with the United States Medical Eligibility Criteria for Contraceptive Use (MEC) Centers for Disease Contr…

(a) The Board of Pharmacy, in collaboration with the Bureau for Public Health, shall approve a training program or programs to be eligible to participate in the utilization of the standing prescription drug order for self-administered hormonal contraceptives by a pharmacist. (b) …

(a) A pharmacist who dispenses a self-administered hormonal contraceptive under this article: (1) Shall obtain a completed self-screening risk assessment questionnaire that has been approved by the state health officer in collaboration with the Board of Pharmacy, the Board of Ost…

As used in this article, the term: "Certificate of compliance" means a certificate that is issued to a recovery residence by the department’s appointed certifying agency. "Certified recovery residence" means a recovery residence that holds a valid certificate of compliance. "Dire…

(a) The department shall contract with an entity to serve as the certifying agency for a voluntary certification program for drug-free and alcohol-free recovery residences based upon standards determined by the National Alliance for Recovery Residences (NARR) or a similar entity.…

(a) The Division of Corrections and Rehabilitation, the Parole Board, county probation offices, day report centers, municipal courts, and a medical or clinical treatment facility that receives any funds for its operations from the State Treasury shall not make a referral of any p…

(a) Prior to conducting business in the State of West Virginia a recovery residence shall register with the Office of Health Facility Licensure and Certification. The director shall make an application form available on its publicly accessible internet website that includes a req…

(a) The Recognition of Emergency Medical Services Personnel Licensure Interstate Compact is hereby enacted into law and entered into with all jurisdictions legally joining therein. (b) This Compact is intended to facilitate the day-to-day movement of EMS personnel across state bo…

(a) General. — The Compact states hereby create and establish a joint public agency known as the Interstate Commission for EMS Personnel Practice. (1) The Commission is a body politic and an instrumentality of the Compact states. (2) Venue is proper and judicial proceedings by or…

(a) The Commission shall provide for the development and maintenance of a coordinated database and reporting system containing licensure, adverse action, and significant investigatory information on all licensed individuals in member states. (b) Notwithstanding any other provisio…

(a) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment: Provided, That no rule may become binding on …

(a) Oversight. — (1) The executive, legislative, and judicial branches of state government in each member state shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. The provisions of this Compact and the rules …

(a) The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation o…

(a) This Compact shall be liberally construed so as to effectuate the purposes thereof. If this Compact shall be held contrary to the constitution of any member state thereto, the Compact shall remain in full force and effect as to the remaining member states. Nothing in this Com…

“Advanced Emergency Medical Technician (AEMT)” means an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model. “Adverse action” means any administrative,…

(a) Any member state in which an individual holds a current license shall be considered a home state for purposes of this Compact. (b) Any member state may require an individual to obtain and retain a license to be authorized to practice in the member state under circumstances no…

(a) Member states shall recognize the privilege to practice of an individual licensed in another member state that is in conformance with §16-60-3 of this code. (b) To exercise the privilege to practice under the terms and provisions of this Compact, an individual must: (1) Be at…

An individual may practice in a remote state under a privilege to practice only in the performance of the individual’s EMS duties as assigned by an appropriate authority, as defined in the rules of the Commission, and under the following circumstances: (1) The individual originat…

Upon a member state’s governor’s declaration of a state of emergency or disaster that activates the Emergency Management Assistance Compact (EMAC), all relevant terms and provisions of EMAC apply, and to the extent any terms or provisions of this Compact conflict with EMAC, the t…

(a) Member states shall consider a veteran, active military service member, and member of the National Guard and Reserves separating from an active duty tour, and a spouse thereof, who holds a current valid and unrestricted NREMT certification at or above the level of the state l…

(a) A home state has exclusive power to impose adverse action against an individual’s license issued by the home state. (b) If an individual’s license in any home state is restricted or suspended, the individual may not be eligible to practice in a remote state under the privileg…

A member state’s EMS authority, in addition to any other powers granted under state law, is authorized under this Compact to: (1) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses and the production of evidence. Subpoenas …

For the purposes of this article: "Department" means the Department of Human Services. "Health care provider or health care facility" means any person or entity licensed, certified, or authorized by law to provide professional health care service in this state to a patient during…

(a) It is unlawful for any person, including any health care provider, health care facility, or recovery residence to: (1) Offer or pay a commission, benefit, bonus, rebate, kickback, or bribe, directly or indirectly, in cash or in kind, or engage in any split-fee arrangement, in…

This article does not apply to the following payment practices: (1) Any discount, payment, waiver of payment, or payment practice expressly authorized by 42 U.S.C. §1320a-7b(b)(3) or regulations adopted thereunder; (2) Any payment, compensation, or financial arrangement within a …