West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-08 - Chronic Pain Management Clinic Licensure › Section 69-8-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Definitions
				incorporated by reference. -- Those terms defined in W. Va. Code
				§§16-5H-1,
et seq.
,
				are incorporated herein by reference.
2.2. Administer -- The direct application of
				a drug to the body of a patient by injection, inhalation, ingestion or any
				other means.
2.3. Administrator --
				The individual responsible for the day-to-day non-clinical, business operation
				of the pain management clinic. The individual shall be qualified by education
				and training as specified in a job description developed by the
				owners.
2.4. Adverse Events or
				Incidents -- An occurrence that may involve an immediate threat to the care or
				safety of an individual, whether staff member, visitor or patient; an event or
				circumstance that could have or did lead to harm, loss, or damage to patients
				or staff.
2.5. Associate -- Any
				person, firm or corporation that is associated with a pain management clinic
				through employment, an independent contract, assignment, internship, or other
				such arrangement that provides access to the clinic, patient records, or
				medications.
2.6. Clinic Staff --
				All persons who work at or for a pain management clinic, paid or unpaid. Staff
				members may include owners, employees, associates, volunteers, or contracted
				agents.
2.7. Complaint or Grievance
				-- A verbal or written statement made by any person and filed with the clinic
				administrator or a state agency alleging inadequate or inappropriate service on
				the part of a pain management clinic.
2.8. Controlled Substances Monitoring Program
				Database -- The database maintained by the West Virginia Board of Pharmacy that
				monitors and tracks controlled substances prescribed and dispensed by
				prescribing practitioners or pharmacists in West Virginia.
2.9. Criminal Records Check -- An
				investigation of criminal records from law enforcement agencies and the Federal
				Bureau of Investigation.
2.10.
				Designated Physician Owner -- An owner of a chronic pain management clinic who
				is fully accountable and responsible for all the aspects of the operation of
				the clinic. The percentage of ownership shall be more than 25 percent and shall
				not be a de minimis amount.
2.11.
				Dispense -- The preparation and delivery of any medication, including
				controlled substances, by a physician or pharmacist to a patient pursuant to an
				order of a physician, including the prescribing, packaging, labeling,
				administering, or compounding necessary to prepare that drug for
				delivery.
2.12. Informed Consent --
				Written acknowledgement and verification by a patient stating that the patient
				has been informed of the risks and benefits of all aspects of the treatment
				provided to the patient and that the patient agrees to the treatment.
2.13. Opioid Drug Product -- Any finished
				dosage form that contains as one of its active ingredients a drug substance
				that has pharmacological properties similar to morphine, including its
				analgesic action and its addiction-forming or addiction-sustaining liability,
				or that can be converted by the body into a drug substance having such
				properties. Opioid drug products include, but are not limited to, those
				containing morphine, codeine, hydrocodone, and oxycodone.
2.14. Pain -- An unpleasant sensory and
				emotional experience associated with actual or potential tissue damage, or
				described in terms of such damage.
2.15. Plan of Care -- A written plan of
				treatment and care, which includes a signed treatment agreement from the
				patient, developed by a patient's physician and other health care professionals
				in conjunction with the patient that outlines for the patient attainable
				short-term treatment goals that are mutually acceptable to the patient and the
				pain management clinic and which specifies the services to be provided and the
				frequency and schedule for their provision.
2.16. Plan of Correction -- A written
				description of the actions the pain management clinic intends to take to
				correct and prevent the reoccurrence of violations of a rule or policy
				identified by the designated state oversight agency during an investigation,
				inspection, or survey.
2.17. Public
				media -- Any form of communication intended to reach the general public,
				including, but not limited to, a telephone directory, medical directory,
				newspaper or other periodical, outdoor advertising, radio or television, or
				social media.
2.18. Terminal
				Condition -- An illness or disease that cannot be cured and the medical
				prognosis is that the individual's life expectancy is six months or less if the
				illness runs its normal course.
2.19. Treating Physician -- A physician who
				maintains primary responsibility for the examination and treatment of his or
				her patients.
2.20. Unique Patient
				Encounter -- A single patient with multiple visits to a pain management clinic,
				in any given month, that is counted as one clinic patient for calculation
				purposes.