reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 West Virginia Code › Chapter 16. Public Health › Article 54. Opioid Reduction Act › §16-54-3. Opioid Prescription Notifications

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 patients option to fill the prescription in a lesser quantity; and
(2) Inform the patient of the risks associated with the Schedule II opioid drug prescribed.
2023 West Virginia Code › Chapter 16. Public Health › Article 54. Opioid Reduction Act › §16-54-5. Subsequent Prescriptions; Limitations

(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 would not be deemed an initial prescription pursuant to §16-54-4 of this code;
(2) The practitioner determines the prescription is necessary and appropriate to the patients treatment needs and documents the rationale for the issuance of the subsequent prescription; and
(3) The practitioner determines that issuance of the subsequent prescription does not present an undue risk of abuse, addiction, or diversion and documents that determination.
(b) Prior to issuing the subsequent Schedule II opioid drug prescription of the course of treatment, a practitioner shall discuss with the patient, or the patients parent or guardian if the patient is under 18 years of age, the risks associated with the Schedule II opioid drugs being prescribed. This discussion shall include:
(1) The risks of addiction and overdose associated with Schedule II opioid drugs and the dangers of taking Schedule II opioid drugs with alcohol, benzodiazepines, and other central nervous system depressants;
(2) The reasons why the prescription is necessary;
(3) Alternative treatments that may be available; and
(4) Risks associated with the use of the Schedule II opioid drug being prescribed, specifically that Schedule II opioid drugs are highly addictive, even when taken as prescribed, that there is a risk of developing a physical or psychological dependence on the Schedule II opioid drug, and that the risks of taking more opioids than prescribed, or mixing sedatives, benzodiazepines, or alcohol with opioids, can result in fatal respiratory depression.
(c) The discussion as set forth in §16-54-5(b) of this code shall be included in a notation in the patients medical record.
2023 West Virginia Code › Chapter 16. Public Health › Article 54. Opioid Reduction Act › §16-54-6. Ongoing Treatment; Referral to Pain Clinic or Pain Specialist

(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 specialist and provide him or her with an understanding of any risks associated by choosing not to pursue that as an option.
(b) If the patient declines to seek treatment from a pain clinic or a pain specialist and opts to remain a patient of the practitioner, and the practitioner continues to prescribe a Schedule II opioid drug as provided in this code, the practitioner shall:
(1) Note in the patients medical records that the patient knowingly declined treatment from a pain clinic or pain specialist;
(2) Review, at a minimum of every three months, the course of treatment, any new information about the etiology of the pain, and the patients progress toward treatment objectives and document the results of that review;
(3) Assess the patient prior to every renewal to determine whether the patient is experiencing problems associated with physical and psychological dependence and document the results of that assessment; and
(4) Periodically make reasonable efforts, unless clinically contraindicated, to either stop the use of the controlled substance, decrease the dosage, try other drugs or treatment modalities in an effort to reduce the potential for abuse or the development of physical or psychological dependence, and document with specificity the efforts undertaken.
2023 West Virginia Code › Chapter 16. Public Health › Article 54. Opioid Reduction Act › §16-54-7. Exceptions

(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 prescribed, or ordered, any medication in an inpatient setting at a hospital.
(c) Notwithstanding the limitations on the prescribing of a Schedule II opioid drug contained in §16-54-4 of this code, a practitioner may prescribe an initial seven-day supply of a Schedule II opioid drug to a post-surgery patient immediately following a surgical procedure. Based upon the medical judgment of the practitioner, a subsequent prescription may be prescribed by the practitioner pursuant to the provisions of this code. Nothing in this section authorizes a practitioner to prescribe any medication which he or she is not permitted to prescribe pursuant to their practice act.
(d) A practitioner who acquires a patient after January 1, 2018, who is currently being prescribed a Schedule II opioid drug from another practitioner is required to access the Controlled Substances Monitoring Program Database as set forth in §60A-9-1 et seq. of this code. The practitioner shall otherwise treat the patient as set forth in this code.
(e) This article does not apply to an existing practitioner-patient relationship established before January 1, 2018, where there is an established and current opioid treatment plan which is reflected in the patients medical records.
2023 West Virginia Code › Chapter 16. Public Health › Article 54. Opioid Reduction Act › §16-54-8. Treatment of Pain

(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 practitioners clinical judgment and the availability of the treatment, before starting a patient on a Schedule II opioid drug: physical therapy, occupational therapy, acupuncture, massage therapy, osteopathic manipulation, chronic pain management program, and chiropractic services, as defined in §30-16-3 of this code.
(b) Nothing in this section should be construed to require that all of the treatment alternatives set forth in §16-54-8(a) of this code are required to be exhausted prior to the patients receiving a prescription for a Schedule II opioid drug.
(c) At a minimum, an insurance provider who offers an insurance product in this state, the Bureau for Medical Services, and the Public Employees Insurance Agency shall provide coverage for 20 visits per event of physical therapy, occupational therapy, osteopathic manipulation, a chronic pain management program, and chiropractic services, as defined in §30-16-3 of this code, when ordered or prescribed by a health care practitioner.
(d) A person may seek physical therapy, occupational therapy, osteopathic manipulation, a chronic pain management program, and chiropractic services, as defined in §30-16-3 of this code, prior to seeking treatment from any other health care practitioner. The licensed health care practitioner providing services pursuant to this section may prescribe within their scope of practice as defined in §16-54-1 of this code. A health care practitioner referral although permitted is not required as a condition of coverage by the Bureau for Medical Services the Public Employees Insurance Agency, and any insurance provider who offers an insurance product in this state. Any deductible, coinsurance, or copay required for any of these services may not be greater than the deductible, coinsurance, or copay required for a primary care visit.
(e) Nothing in this section precludes a practitioner from simultaneously prescribing a Schedule II opioid drug and prescribing or recommending any of the procedures set forth in §16-54-8(a) of this code.
2023 West Virginia Code › Chapter 16. Public Health › Article 56. Tobacco Cessation Therapy Access Act › §16-56-1. Definitions

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" means the same as that term is defined in §30-5-4 of this code.
"Physician" means the same as that term is defined in §30-3E-1 of this code.
"Tobacco cessation therapy" means a tobacco cessation noncontrolled prescription medication, over-the-counter medication or other professional service, that is approved by the United States Food and Drug Administration for treating tobacco use including all of the of various dosage forms.
2023 West Virginia Code › Chapter 16. Public Health › Article 56. Tobacco Cessation Therapy Access Act › §16-56-3. Authorization to Dispense

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 accordance with §16-56-4 of this code without any other prescription drug order from a person licensed to prescribe a tobacco cessation therapy; and in accordance with the dispensing guidelines in §16-56-6 of this code.
2023 West Virginia Code › Chapter 16. Public Health › Article 56. Tobacco Cessation Therapy Access Act › §16-56-4. Standing Prescription Drug Orders for Tobacco Cessation Therapy

(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 medications, or other professional services to eligible individuals:
(b) A standing order must specify, at a minimum:
(1) Use of 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;
(2) The eligible individuals to whom the tobacco cessation therapy may be dispensed;
(3) The timeline for renewing and updating the standing order.
2023 West Virginia Code › Chapter 16. Public Health › Article 56. Tobacco Cessation Therapy Access Act › §16-56-6. Guidelines for Dispensing a Tobacco Cessation Therapy

(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, before dispensing the tobacco cessation therapy. The protocol shall include the:
(1) Criteria for identifying individuals eligible to receive the tobacco cessation therapy or other professional services under the protocol, and referral to an appropriate prescriber if the patient is high-risk or therapy is contraindicated;
(2) Medications authorized by the protocol;
(3) Procedures for initiation and monitoring of therapies, including a care plan based on clinical guidelines;
(4) Education requirements to be provided to the person receiving the medications and follow-up care;
(5) Documentation procedures in the pharmacy system; and
(6) Notification of the individuals primary care provider, if provided, within two business days.
(b) If when following the protocol it is indicated that it is unsafe to dispense a tobacco cessation therapy to a patient, the pharmacist:
(A) May not dispense a tobacco cessation therapy to the patient; and
(B) Shall refer the patient to their primary care provider.
(c) The Board of Pharmacy regulates a pharmacist who dispenses a tobacco cessation noncontrolled prescription medication, over-the-counter medication, or other professional service.
2023 West Virginia Code › Chapter 16. Public Health › Article 57. Sudden Cardiac Arrest Prevention Act › §16-57-1. Purpose

This article shall be known and may be cited as the Sudden Cardiac Arrest Prevention Act. In the United States there are more than 356,000 out-of-hospital cardiac arrests annually and nearly 90 percent of them are fatal. The purpose of this article is to promote education regarding sudden cardiac arrest and thereby prevent sudden cardiac arrest from occurring.
2023 West Virginia Code › Chapter 16. Public Health › Article 57. Sudden Cardiac Arrest Prevention Act › §16-57-2. Definitions

The following words and phrases when used in this article have the meanings given to them in this section unless the context clearly indicates otherwise.
"Athletic activity" means all the following:
(a) Interscholastic athletics;
(b) An athletic contest or competition that is sponsored by or associated with a school entity, including cheerleading, club-sponsored sports activities, and sports activities sponsored by school-affiliated organizations;
(c) Noncompetitive cheerleading that is sponsored by school-affiliated organizations; and
(d) Practices, interschool practices, and scrimmages for all of the activities described in this section.
"School" means any school under the jurisdiction of a county board of education.
2023 West Virginia Code › Chapter 16. Public Health › Article 58. Family Planning Access Act › §16-58-1. Definitions

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 hormonal contraceptive" means a self-administered hormonal contraceptive that is approved by the United States Food and Drug Administration to prevent pregnancy and does not include the class of emergency contraceptives commonly known as the "morning after pill" or "Plan B".
2023 West Virginia Code › Chapter 16. Public Health › Article 58. Family Planning Access Act › §16-58-3. Authorization to Dispense Self-Administered Hormonal Contraceptives

(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 to prescribe a self-administered hormonal contraceptive; (2) in accordance with the dispensing guidelines in §16-57-6 of this code; and (3) to a patient who is 18 years old or older.
(b) All state and federal laws governing insurance coverage of contraceptive drugs, devices, products, and services shall apply to self-administered contraceptives dispensed by a pharmacist under a standing order pursuant to this section.
2023 West Virginia Code › Chapter 16. Public Health › Article 58. Family Planning Access Act › §16-58-4. Standing Prescription Drug Orders for a Self-Administered Hormonal Contraceptive

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 Control and Prevention, that requires:
(1) Use of the self-screening risk assessment questionnaire described below;
(2) Written and oral education;
(3) The timeline for renewing and updating the standing order;
(4) Who is eligible to utilize the standing order;
(5) The pharmacist to make and retain a record of each person to whom the self-administered hormonal contraceptive is dispensed, including:
(A) The name of the person;
(B) The drug dispensed; and
(C) Other relevant information.
2023 West Virginia Code › Chapter 16. Public Health › Article 58. Family Planning Access Act › §16-58-5. Pharmacist Education and Training Required

(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) Documentation of training shall be provided to the Board of Pharmacy upon request.
2023 West Virginia Code › Chapter 16. Public Health › Article 58. Family Planning Access Act › §16-58-6. Guidelines for Dispensing a Self-Administered Hormonal Contraceptive

(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 Osteopathic Medicine, and the Board of Medicine from the patient before dispensing the self-administered hormonal contraceptive;
(2) Shall notify the patients primary care provider, if provided;
(3) If when dispensing within the guidelines it is unsafe to dispense a self-administered hormonal contraceptive to a patient then the pharmacist:
(A) May not dispense a self-administered hormonal contraceptive to the patient; and
(B) Shall refer the patient to a health care practitioner or local health department;
(4) May not continue to dispense a self-administered hormonal contraceptive to the patient for more than 12 months after the date of the initial prescription without evidence that the patient has consulted with a health care practitioner during the preceding 12 months; and
(5) Shall provide the patient with:
(A) Written and verbal information regarding:
(i) The importance of seeing the patients health care practitioner to obtain recommended tests and screening; and
(ii) The effectiveness and availability of long-acting reversible contraceptives and other effective contraceptives as an alternative to self-administered hormonal contraceptives; and
(B) A copy of the record of the encounter with the patient that includes:
(i) The patients completed self-assessment tool; and
(ii) A description of the contraceptives dispensed, or the basis for not dispensing a contraceptive.
(b) If a pharmacist dispenses a self-administered hormonal contraceptive to a patient, the pharmacist shall, at a minimum, provide the patient counseling regarding:
(1) The appropriate administration and storage of the self-administered hormonal contraceptive;
(2) Potential side effects and risks of the self-administered hormonal contraceptive;
(3) The need for backup contraception;
(4) When to seek emergency medical attention;
(5) The risk of contracting a sexually transmitted infection or disease, and ways to reduce the risk of contraction; and
(6) Any additional counseling outlined in the protocol as prescribed in §16-57-4 of this code.
(c) The Board of Pharmacy regulates a pharmacist who dispenses a self-administered hormonal contraceptive under this article.
2023 West Virginia Code › Chapter 16. Public Health › Article 59. Certification of Recovery Residences › §16-59-1. Definitions

As used in this article, the term:
(1) "Certificate of compliance" means a certificate that is issued to a recovery residence by the departments appointed certifying agency.
(2) "Certified recovery residence" means a recovery residence that holds a valid certificate of compliance.
(3) "Department" means the Department of Health and Human Resources.
(4) "Recovery residence" means a single-family, drug-free, and alcohol-free residential dwelling unit, or other form of group housing, that is offered or advertised by any person or entity as a residence that provides a drug-free and alcohol-free living environment for the purposes of promoting sustained, long-term recovery from substance use disorder.
2023 West Virginia Code › Chapter 16. Public Health › Article 59. Certification of Recovery Residences › §16-59-3. Referrals to Recovery Residences; Prohibitions; Receipt of State Funds

(a) The certifying agency shall maintain, publish, and disseminate a list of drug- and alcohol-free housing certified pursuant to this section. This list shall be disseminated to the department for use by each state agency or vendor with a statewide contract that provides substance use disorder treatment services. The list shall also be posted on the website maintained by the certifying agency.
(b) 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 may not make a referral of any prisoner, parolee, probationer, or prospective, current, or discharged patient or client to a recovery residence unless the recovery residence holds a valid certificate of compliance as provided in 16-59-2 of this code.
(c) No recovery residence is eligible to receive funds from any source within the State Treasury unless it holds a valid certificate of compliance as provided in 16-59-2 of this code.
(d) A state agency and a medical or clinical treatment facility that receive funds for its operation from the State Treasury, that make referrals to recovery residences shall maintain records of referrals to or from recovery residences.
(e) Nothing in this section requires a state agency or a clinical or medical provider to make a referral of a person to a recovery residence.
(f) A person who violates this section commits a misdemeanor, punishable by a fine of not less than $500 nor more than $1,000.
2023 West Virginia Code › Chapter 16. Public Health › Article 60. Recognition of Emergency Medical Services Personnel Licensure Interstate Compact › §16-60-1. Recognition of Emergency Medical Services Personnel Licensure Interstate Compact; Purpose

(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 boundaries in the performance of their EMS duties as assigned by an appropriate authority and authorize state EMS offices to afford immediate legal recognition to EMS personnel licensed in a member state. The Compact recognizes that states have a vested interest in protecting the publics health and safety through their licensing and regulation of EMS personnel and that such state regulation shared among the member states will best protect public health and safety. The Compact is designed to achieve the following purposes and objectives:
(1) Increase public access to EMS personnel;
(2) Enhance the states ability to protect the publics health and safety, especially patient safety;
(3) Encourage the cooperation of member states in the areas of EMS licensure and regulation;
(4) Support licensing of military members who are separating from an active duty tour and licensing of their spouses;
(5) Facilitate the exchange of information between member states regarding EMS personnel licensure, adverse action, and significant investigatory information;
(6) Promote compliance with the laws governing EMS personnel practice in each member state; and
(7) Invest all member states with the authority to hold EMS personnel accountable through the mutual recognition of member state licenses.
2023 West Virginia Code › Chapter 16. Public Health › Article 60. Recognition of Emergency Medical Services Personnel Licensure Interstate Compact › §16-60-3. Home State Licensure

(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 not authorized by the privilege to practice under the terms of this Compact.
(c) A home states license authorizes an individual to practice in a remote state under the privilege to practice only if the home state:
(1) Currently requires the use of the National Registry of Emergency Medical Technicians (NREMT) examination as a condition of issuing initial licenses at the EMT and paramedic levels;
(2) Has a mechanism in place for receiving and investigating complaints about individuals;
(3) Notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding an individual;
(4) No later than five years after activation of the Compact, requires a criminal background check of all applicants for initial licensure, including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation with the exception of federal employees who have suitability determination in accordance with 5 C.F.R. 731.202 and submit documentation of such as promulgated in the rules of the Commission; and
(5) Complies with the rules of the Commission.
2023 West Virginia Code › Chapter 16. Public Health › Article 60. Recognition of Emergency Medical Services Personnel Licensure Interstate Compact › §16-60-4. Compact Privilege to Practice

(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 least 18 years of age;
(2) Possess a current unrestricted license in a member state as an EMT, AEMT, paramedic, or state-recognized and licensed level with a scope of practice and authority between EMT and paramedic; and
(3) Practice under the supervision of a medical director.
(c) An individual providing patient care in a remote state under the privilege to practice shall function within the scope of practice authorized by the home state unless and until modified by an appropriate authority in the remote state as may be defined in the rules of the Commission.
(d) Except as provided in subsection (c) of this section, an individual practicing in a remote state is subject to the remote states authority and laws. A remote state may, in accordance with due process and that states laws, restrict, suspend, or revoke an individuals privilege to practice in the remote state and may take any other necessary actions to protect the health and safety of its citizens. If a remote state takes action, it shall promptly notify the home state and the Commission.
(e) If an individuals license in any home state is restricted or suspended, the individual may not be eligible to practice in a remote state under the privilege to practice until the individuals home state license is restored.
(f) If an individuals privilege to practice in any remote state is restricted, suspended, or revoked, the individual may not be eligible to practice in any remote state until the individuals privilege to practice is restored.
2023 West Virginia Code › Chapter 16. Public Health › Article 60. Recognition of Emergency Medical Services Personnel Licensure Interstate Compact › §16-60-5. Conditions of Practice in a Remote State

An individual may practice in a remote state under a privilege to practice only in the performance of the individuals EMS duties as assigned by an appropriate authority, as defined in the rules of the Commission, and under the following circumstances:
(1) The individual originates a patient transport in a home state and transports the patient to a remote state;
(2) The individual originates in the home state and enters a remote state to pick up a patient and provide care and transport of the patient to the home state;
(3) The individual enters a remote state to provide patient care and/or transport within that remote state;
(4) The individual enters a remote state to pick up a patient and provide care and transport to a third member state; and
(5) Other conditions as determined by rules promulgated by the Commission.
2023 West Virginia Code › Chapter 16. Public Health › Article 60. Recognition of Emergency Medical Services Personnel Licensure Interstate Compact › §16-60-6. Relationship to Emergency Management Assistance Compact

Upon a member states governors 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 terms of EMAC shall prevail with respect to any individual practicing in the remote state in response to such declaration.
2023 West Virginia Code › Chapter 16. Public Health › Article 60. Recognition of Emergency Medical Services Personnel Licensure Interstate Compact › §16-60-7. Veterans, Service Members Separating From Active Duty Military, and Their Spouses

(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 license being sought as satisfying the minimum training and examination requirements for the licensure.
(b) Member states shall expedite the processing of licensure applications submitted by veterans, active military service members, and members of the National Guard and Reserves separating from an active duty tour, and their spouses.
(c) All individuals functioning with a privilege to practice under this section remain subject to 16-60-8 of this code.
2023 West Virginia Code › Chapter 16. Public Health › Article 60. Recognition of Emergency Medical Services Personnel Licensure Interstate Compact › §16-60-8. Adverse Actions

(a) A home state has exclusive power to impose adverse action against an individuals license issued by the home state.
(b) If an individuals license in any home state is restricted or suspended, the individual may not be eligible to practice in a remote state under the privilege to practice until the individuals home state license is restored.
(1) All home state adverse action orders shall include a statement that the individuals Compact privileges are inactive. The order may allow the individual to practice in remote states with prior written authorization from both the home state and remote states EMS authority.
(2) An individual currently subject to adverse action in the home state may not practice in any remote state without prior written authorization from both the home state and remote states EMS authority.
(c) A member state shall report adverse actions and any occurrences where the individuals Compact privileges are restricted, suspended, or revoked to the Commission in accordance with the rules of the Commission.
(d) A remote state may take adverse action on an individuals privilege to practice within that state.
(e) Any member state may take adverse action against an individuals privilege to practice in that state based on the factual findings of another member state, so long as each state follows its own procedures for imposing such adverse action.
(f) A home states EMS authority shall investigate and take such appropriate action with respect to reported conduct in a remote state as it would if such conduct had occurred within the home state. In such cases, the home states law shall control in determining the appropriate adverse action.
(g) Nothing in this Compact may override a member states decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the member states laws. Member states must require individuals who enter any alternative programs to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.