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WV Code § 16-50-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 50. Epinephrine Auto-Injector Availability and Use|§16-50-1. Definitions

As used in this article the term:(1) "Administer" means to directly apply an epinephrine auto-injector to the body of an individual.(2) "Authorized entity" means an entity or organization where allergens capable of causing a severe allergic reaction may be present.(3) "Authorized health care practitioner" means an allopathic physician licensed to practice pursuant to the provisions of article three, chapter thirty of this code and an osteopathic physician licensed to practice pursuant to the provisions of article fourteen, chapter thirty of this code.(4) "Department" means the Department of Health and Human Resources.(5) "Epinephrine auto-injector" means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body.(6) "Self-administration" means an individual's discretionary administration of an epinephrine auto-injector on herself or himself.
WV Code § 16-50-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 50. Epinephrine Auto-Injector Availability and Use|§16-50-2. Authority

The department may:(1) Propose legislative rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, necessary to administer this article; and(2) Conduct and approve education training programs.
WV Code § 16-50-3 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 50. Epinephrine Auto-Injector Availability and Use|§16-50-3. Educational Training Programs

Educational training programs shall be conducted by a nationally recognized organization experienced in training laypersons in emergency health treatment or an entity or individual approved by the department. The curriculum shall include at a minimum:(1) Recognition of the symptoms of allergic reactions to food, insect stings and other allergens; and(2) The proper administration of a subcutaneous injection of epinephrine auto-injector.
WV Code § 16-50-4 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 50. Epinephrine Auto-Injector Availability and Use|§16-50-4. Prescriptive Authority for Epinephrine Auto-Injectors; Emergency Administration

(a) An authorized health care practitioner may prescribe an epinephrine injector to an authorized entity. A pharmacist may dispense an epinephrine auto-injectors pursuant to a prescription issued in the name of an authorized entity.(b) An authorized entity may acquire and stock a supply of epinephrine auto-injectors pursuant to a prescription issued in accordance with this section. The epinephrine auto-injectors shall be stored in accordance with the epinephrine auto-injector's instructions. An authorized entity shall designate employees or agents who are trained pursuant to section three of this article to be responsible for the storage, maintenance and general oversight of epinephrine auto-injectors.(c) An individual trained pursuant to section three of this article may, on the premises of or in connection with the authorized entity, use epinephrine auto-injectors to:(1) Provide an epinephrine auto-injector to a person who the trained individual in good faith believes is experiencing a severe allergic reaction for that person's immediate self-administration, regardless of whether the person has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy; or(2) Administer an epinephrine auto-injector to a person who the trained individual in good faith believes is experiencing a severe allergic reaction, regardless of whether the person has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy.
WV Code § 16-50-5 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 50. Epinephrine Auto-Injector Availability and Use|§16-50-5. Not Practice of Medicine; Limits on Liability

(a) The administration of an epinephrine auto-injector in accordance with this article is not the practice of medicine.(b) An authorized health care practitioner who prescribes epinephrine auto-injectors to an authorized entity; an authorized entity that possesses and makes available epinephrine auto-injectors; and, an entity or person that conducts the training under section three of this article are not liable for civil damages that result from the administration or self-administration of an epinephrine auto-injector, the failure to administer an epinephrine auto-injector, or any other act or omission committed, in good faith, pursuant to this article.(c) An individual employed by an authorized entity who administers or provides an epinephrine auto-injection to a person as provided in this article is immune from liability for any civil action arising out of an act or omission resulting from the administration of the epinephrine auto-injection unless the act or omission was the result of the individual's gross negligence or willful misconduct.
WV Code § 16-51-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 51. Right to Try Act|§16-51-1. Short Title

This article shall be known and may be cited as the Ben Price Right to Try Act.
WV Code § 16-51-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 51. Right to Try Act|§16-51-2. Legislative Findings

(a) The Legislature finds and declares that:(1) The process of approval for investigational drugs, biological products and devices in the United States protects future patients from premature, ineffective and unsafe medications and treatments over the long run, but the process often takes many years;(2) Patients who have a terminal illness do not have the luxury of waiting until an investigational drug, biological product or device receives final approval from the United States Food and Drug Administration;(3) Patients who have a terminal illness have a fundamental right to attempt to pursue the preservation of their own lives by accessing available investigational drugs, biological products and devices;(4) The use of available investigational drugs, biological products and devices is a decision that should be made by the patient with a terminal illness in consultation with the patient’s health care provider and the patient’s health care team, if applicable; and(5) The decision to use an investigational drug, biological product or device should be made with full awareness of the potential risks, benefits and consequences to the patient and the patient’s family.(b) It is the intent of the Legislature to allow for terminally ill patients to use potentially life-saving or pain-relieving investigational drugs, biological products and devices.
WV Code § 16-51-4 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 51. Right to Try Act|§16-51-4. Drug Manufacturers; Availability of Investigational Drugs, Biological Products or Devices; Costs; Insurance Coverage

(a) A manufacturer of an investigational drug, biological product or device may make available the manufacturer’s investigational drug, biological product or device to eligible patients pursuant to this article. This article does not require that a manufacturer make available an investigational drug, biological product or device to an eligible patient.(b) A manufacturer may:(1) Provide an investigational drug, biological product or device to an eligible patient without receiving compensation; or(2) Require an eligible patient to pay the costs of, or the costs associated with, the manufacture of the investigational drug, biological product or device.(c) Nothing in this article expands the coverage required by article fifteen, chapter thirty-three of this code.(d) A health insurance carrier may, but is not required by this article to, provide coverage for the cost of an investigational drug, biological product or device.(e) An insurer may deny coverage to an eligible patient from the time the eligible patient begins use of the investigational drug, biologic product or device through a period not to exceed six months from the time the investigational drug, biologic product or device is no longer used by the eligible patient; except that coverage may not be denied for a preexisting condition and for coverage for benefits which commenced prior to the time the eligible patient begins use of such drug, biologic product or device.(f) If a patient dies while being treated by an investigational drug, biological product or device, the patient’s heirs and estate are not liable for any outstanding debt related to the treatment or lack of insurance due to the treatment.
WV Code § 16-51-5 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 51. Right to Try Act|§16-51-5. Action Against Health Care Provider’s License or Medicare Certification Prohibited

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 regarding access to or treatment with an investigational drug, biological product or device as long as the recommendations are consistent with medical standards of care. Action against a health care provider’s Medicare certification based solely on the health care provider’s recommendation that a patient have access to an investigational drug, biological product or device is prohibited.
WV Code § 16-51-6 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 51. Right to Try Act|§16-51-6. Access to Investigational Drugs, Biological Products and Devices

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 provider is not a violation of this section.
WV Code § 16-51-7 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 51. Right to Try Act|§16-51-7. No Cause of Action Created

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 entity involved in the care of an eligible patient using the investigational drug, biological product or device, for any harm done to the eligible patient resulting from the investigational drug, biological product or device, so long as the manufacturer, health care provider, or other person or entity is complying in good faith with the terms of this article.
WV Code § 16-51-8 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 51. Right to Try Act|§16-51-8. Effect on Health Care Coverage

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.
WV Code § 16-52-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 52. Coalition for Responsible Pain Management|§16-52-1. Findings and Purpose

The Legislature finds that treatment for pain is an important element in health care. Unlike diseases such as hypertension and diabetes, pain is a subjective experience. There is no objective measure of pain intensity. Consequently, the clinical and medical judgement of a prescriber is more essential in rendering effective treatment of a person’s level of pain.The treatment of chronic pain has a significant impact on the individual and society as a whole. Most chronic pain problems start with an acute nociceptive pain episode. Effective early care is paramount in managing chronic pain. To that end, prescribers should have the flexibility to effectively treat patients who present with chronic pain. However, there must be a balance between proper treatment for chronic pain and the abuse of the opioids found most effective in its treatment.The abuse of pain medication in this state continues to be a nearly insurmountable plague. Substance abuse continues to contribute to unnecessary deaths, causes countless societal breakdowns and causes a strain on our state and its citizens both financially and emotionally. In an effort to address this crisis the state has created a regulatory framework with the intended goal of curbing overprescribing and overuse of prescription pain medication. This regulation, however, has resulted in unforeseen outcomes often causing patients seeking pain treatment to suffer from a lack of treatment options.Accordingly, the Legislature finds that a comprehensive review of the regulatory structure in place to provide oversight to prescribers whose practice has a significant focus on pain management needs to be undertaken. In order to gain the necessary insight into effective treatment for chronic pain and to maintain the state’s interest in protecting its citizens from the proliferation of prescription pain medication, the Legislature hereby creates the Coalition for Responsible Chronic Pain Management.
WV Code § 16-52-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 52. Coalition for Responsible Pain Management|§16-52-2. Creation of the Coalition for Responsible Chronic Pain Management

There is created the Coalition for Responsible Chronic Pain Management. The administrative functions of the coalition shall be the responsibility of staff assigned to the Joint Committee on Health to be in the best interest of the state and its citizens.
WV Code § 16-52-3 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 52. Coalition for Responsible Pain Management|§16-52-3. Members of the Coalition for Responsible Chronic Pain Management

The Coalition for Responsible Chronic Pain Management shall consist of the following members:(1) The Dean of the School of Public Health at West Virginia University, or his or her designee, who shall serve as chair of the coalition.(2) A physician who is a board-certified pain specialist.(3) Three physicians licensed to practice in this state pursuant to article three or article fourteen, chapter thirty of this code who shall be appointed by the President of the Senate and the Speaker of the House of Delegates in consultation with the cochairs of the Joint Committee on Health. Two of these physicians’ practices shall have been classified as a pain clinic pursuant to the regulations promulgated under article five-h of this chapter. The third physician shall be a primary care physician who is not classified as a pain clinic.(4) A pharmacist licensed to practice in this state pursuant to article five, chapter thirty of this code who shall be appointed by the President of the Senate and the Speaker of the House of Delegates in consultation with the cochairs of the Joint Committee on Health.(5) A consumer of health care services directly impacted by the regulation of pain clinics who is appointed by the President of the Senate and the Speaker of the House of Delegates in consultation with the cochairs of the Joint Committee on Health.(6) A chiropractor licensed pursuant to the provisions of article sixteen, chapter thirty of this code who is appointed by the President of the Senate and the Speaker of the House of Delegates in consultation with the cochairs of the Joint Committee on Health.(7) A Physical Therapist, licensed under chapter thirty of this code, experienced in the area management of chronic pain by physical, behavioral and other nonpharmacological means who is appointed by the President of the Senate and the Speaker of the House of Delegates in consultation with the cochairs of the Joint Committee on Health.(8) Membership on the coalition shall be equally distributed among the congressional districts of this state and each congressional district shall be represented in the membership of the coalition.(9) The cochairs of the Joint Committee on Health shall serve as nonvoting members, ex-officio.
WV Code § 16-52-5 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 52. Coalition for Responsible Pain Management|§16-52-5. Sunset

The coalition shall terminate on December 31, 2020, unless continued by act of the Legislature.
WV Code § 16-53-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 53. Establishing Additional Substance Abuse Treatment Facilities|§16-53-1. Establishment of Substance Use Disorder Treatment and Recovery Services

(a) The Secretary of the Department of Health and Human Resources 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 state. (b) The secretary shall identify and allocate funds to appropriate facilities to provide substance use disorder treatment services, which shall be provided via an inpatient or outpatient service model. These facilities shall:(1) Give preference to West Virginia residents;(2) Accept payment from private pay patients, third person payors, or patients covered by Medicaid;(3) Offer treatment, based upon need; (4) Work closely with the Adult Drug Court Program, provided for in §62-15-1 et seq. of this code; and(5) Be licensed by this state to provide substance use disorder treatment services.(c) The secretary shall identify and allocate funds to appropriate facilities to provide recovery services. Peer-led facilities shall follow standards set forth by the National Alliance for Recovery Residences and offer access to peer support services.(d) Other programs or projects designed to address substance use disorder, and a study or studies designed to evaluate substance use prevention education programs in schools, may be eligible for funding at the secretarys discretion and as funds are available.
WV Code § 16-53-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 53. Establishing Additional Substance Abuse Treatment Facilities|§16-53-2. Establishing the Ryan Brown Addiction Prevention and Recovery Fund

The Ryan Brown Addiction Prevention and Recovery Fund is hereby created in the state treasury as a special revenue account. The fund shall be administered by the Secretary of the Department of Health and Human Resources and shall consist of all moneys made available for the purposes of this article from any source, including, but not limited to, all grants, bequests or transfers from any source, any moneys that may be appropriated and designated for those purposes by the Legislature and all interest or other return earned from investment of the fund, gifts, and all other sums available for deposit to the special revenue account from any source, public or private. Expenditures from the fund shall be for the purposes set forth in this article and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon the fulfillment of the provisions set forth in article two, chapter eleven-b of this code. Upon the effective date of this section, the attorney general and any public official with custody or control of the proceeds recovered for the state pursuant to settlement agreement dated January 9, 2017, in that certain civil action then pending in Boone County, designated Civil Action No. 12-C-141, shall forthwith transfer, or cause the transfer, of those proceeds into the Ryan Brown Addiction Prevention and Recovery Fund in the manner directed by the state treasurer pursuant to articles one and two, chapter twelve of this code and all other applicable law.
WV Code § 16-53-3 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 53. Establishing Additional Substance Abuse Treatment Facilities|§16-53-3. Rulemaking

The Secretary of the West Virginia Department of Health and Human Resources shall promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code to effectuate the provisions of this article.
WV Code § 16-54-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 54. Opioid Reduction Act|§16-54-1. Definitions

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 "practitioner" means: (1) A physician authorized pursuant to the provisions of §30-3-1 et seq. and §30-14-1 et seq. of this code;(2) A podiatrist licensed pursuant to the provisions of §30-3-1 et seq. of this code;(3) A physician assistant with prescriptive authority as set forth in §30-3E-3 of this code;(4) An advanced practice registered nurse with prescriptive authority as set forth in §30-7-15a of this code;(5) A dentist licensed pursuant to the provisions of §30-4-1 et seq. of this code; (6) An optometrist licensed pursuant to the provisions of §30-8-1 et seq. of this code; (7) A physical therapist licensed pursuant to the provisions of §30-20-1 et seq. of this code;(8) An occupational therapist licensed pursuant to the provisions of §30-28-1 et seq. of this code;(9) An osteopathic physician licensed pursuant to the provisions of §30-14-1 et seq. of this code; and(10) A chiropractor licensed pursuant to the provisions of §30-16-1 et seq. of this code. "Insurance provider" means an entity that is regulated under the provisions of §33-15-1 et seq., §33-16-1 et seq., §33-24-1 et seq., §33-25-1 et seq. and §33-25A-1 et seq. of this code."Office" means the Office of Drug Control Policy."Pain clinic" means the same as that term is defined in §16-5H-2 of this code. "Pain specialist" means a practitioner who is board certified in pain management or a related field."Prescribe" means the advisement of a physician or other licensed practitioner to a patient for a course of treatment. It can include but is not limited to medication, services, supplies, equipment, procedures, diagnostic tests, or screening as permitted by the physician or other licensed practitioners scope of practice."Referral" means the recommendation by a person to another person for the purpose of initiating care by a health care practitioner."Schedule II opioid drug" means an opioid drug listed in §60A-2-206 of this code."Surgical procedure" means a medical procedure involving an incision with instruments performed to repair damage or arrest disease in a living body.
WV Code § 16-54-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 54. Opioid Reduction Act|§16-54-2. Voluntary Nonopioid Advanced Directive Form

(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 an opioid. The advance directive shall be filed in the individual’s medical record in either a health care facility or a private office of a practitioner, or both, and shall be transferred with the person from one practitioner to another or from one health care facility to another. (b) An individual may revoke the voluntary nonopioid advanced directive form for any reason and may do so by written or oral means. (c) A practitioner without actual knowledge of an advance directive as set forth in §16-54-2(a) of this code and who prescribes an opioid in a medical emergency situation is not civilly or criminally liable for failing to act in accordance with the directives unless the act or omission was the result of a practitioner’s gross negligence or willful misconduct. For purposes of this section, a “medical emergency situation” shall mean an acute injury or illness that poses an immediate risk to a person’s life or long-term health.