reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-05 - Survey Of Facilities For Determinations Regarding Licensure as Residential Child Care Facilities And B › Section 69-5-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Behavioral
				Health Services" means an inpatient, residential or outpatient service for the
				care and treatment of persons with mental illness, developmental disabilities
				or substance abuse, or for the prevention of such conditions.
2.2. "Child" means any person under eighteen
				years of age.
2.3. "Child care"
				means responsibilities assumed and services performed in relation to a child's
				physical, emotional, psychological, social and personal needs and the
				consideration of the child's rights and entitlements.
2.4. "Facility" means a person, institution,
				program, center, school, corporation, partnership or other entity that may be
				providing residential child care or behavioral health services, or both,
				without an applicable license.
2.5.
				"Residential child care" or "child care on a residential basis" means child
				care which includes the provision of nighttime shelter and the personal
				discipline and supervision of a child by guardians, custodians or other persons
				or entities on a continuing or temporary basis.
2.6. "Secretary" means the Secretary of the
				Department of Health and Human Resources and his or her
				representatives.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-05 - Survey Of Facilities For Determinations Regarding Licensure as Residential Child Care Facilities And B › Section 69-5-3 - Survey

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. In order to
				protect the health and safety of children, the Secretary shall conduct a survey
				of facilities to determine if they are subject to licensure as residential
				child care facilities, behavioral health centers, or both, because they are
				providing residential child care or behavioral health services to
				children.
3.2. To help identify
				facilities, the Secretary may solicit the cooperation of social service
				agencies, child care and behavioral health care providers, the State
				Superintendent of Schools, county Superintendents of Schools and
				others.
3.3. The survey instrument
				is the Questionnaire appearing as Appendix 69-5 A of this rule.
3.4. Recipients of the Questionnaire shall
				complete and return it to the Secretary at the designated address on the
				Questionnaire.
3.4.1. Recipients shall return
				the Questionnaire no later than thirty (30) days after receipt- If a request
				for extension of the thirty (30) days is received by the Secretary before the
				thirty (30) days have expired, the Secretary may grant an extension of time for
				returning the survey.
3.4.2. A
				Questionnaire returned Incomplete or unsigned shall be considered as
				non-responsive to this rule.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-05 - Survey Of Facilities For Determinations Regarding Licensure as Residential Child Care Facilities And B › Section 69-5-4 - Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
The Secretary may enforce this rule with the enforcement
				  provisions of the child facility licensure law and rule, the behavioral health
				  center licensure law and rule, and other applicable laws and
				  rules.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-06 - Nurse Aide Abuse and Neglect Registry › Section 69-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. This
				legislative rule establishes specific standards and procedures for maintenance
				of the Nurse Aide .Abuse and Neglect Registry to protect certain rights of
				facility residents and nurse aides. This rule should be read in conjunction
				with W. Va. Code §§
									9-6-1 et seq.;
				16-5B-1 et seq.; 16-5C-1 et seq.; and 42 CFR §§ 483.13(b), 483.156
				and 488.301. The W. Va. Code is available in public libraries and on the
				Legislature's web page,
http://www.legis.state.wv.us
. The
				Code of Federal Regulations is available at
http://www.gpo.gov
.
1.2. Authority. W. Va. Code §§
									9-6-1 et seq.,
				16-5B-1
				et seq., and 16-5C-1 et seq.
1.3.
				Filing Date.
1.4. Effective
				Date.
1.5. Applicability. This rule
				applies to nurse aides, staff and residents of facilities and anyone who
				provides services to a resident of a facility on a regular or intermittent
				basis as defined in this rule and W. Va. §§ 16-5B-1 et seq. and
				16-5C-1 et seq.
1.6. Enforcement.
				This rule is enforced by the Secretary of the West Virginia Department of
				Health and Human Resources or his or her lawful designee.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-06 - Nurse Aide Abuse and Neglect Registry › Section 69-6-3 - Responsibilities of the Nurse Aide

Current through Register Vol. XLI, No. 28, July 12, 2024
The nurse aide is responsible for all direct care duties
				  assigned by the facility and for safeguarding residents' rights to a dignified
				  existence, self-determination, and communication:
3.1. Ensuring that residents are free from
				abuse, neglect, corporal punishment, involuntary seclusion and misappropriation
				of property.
3.2. Immediately
				report to facility administration all incidents of abuse, neglect, or
				misappropriation of property.
3.3.
				Maintaining current and accurate information with the Nurse Aide Program
				including name, address, phone number and all other information required by the
				Nurse Aide Program.
3.4.
				Maintaining current and accurate employment information with the Nurse Aide
				Program.
3.5. Reporting any changes
				in their criminal history to the Nurse Aide Program.
3.6. Maintaining a copy of this
				rule.
3.7. Appearing as a witness,
				if subpoenaed, at the Administrative Hearing regarding an incident of abuse,
				neglect or misappropriation. If the nurse aide fails to appear, the Nurse Aide
				Program may place the name of the nurse aide on the Nurse Aide Abuse and
				Neglect Registry for neglect.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-06 - Nurse Aide Abuse and Neglect Registry › Section 69-6-4 - Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Reporting
				Allegations of Suspected Abuse, Neglect or Misappropriation of Property to
				Facility Administration.
4.1.a. Any employee
				of a facility, or anyone who provides services to a resident of a facility on a
				regular or intermittent basis, who suspects that a resident in a facility has
				been abused or neglected or that the resident's property has been
				misappropriated shall immediately report the incident to the facility
				administration and Adult Protective Services as required by W. Va. Code §
										9-6-1 et
				seq.
4.1.b. Failure of a nurse aide
				to report any incident of suspected abuse, neglect, or misappropriation of
				property will result in his or her placement on the Nurse Aide Abuse and
				Neglect Registry for neglect for one year.
4.1.c. A facility shall not discharge,
				discriminate or retaliate in any manner against any employee who in good faith
				reports suspected abuse, neglect or misappropriation of residents' property, or
				who testifies or will testify in good faith in any proceeding concerning abuse,
				neglect, or misappropriation of property of residents in the facility, except
				an employee may be suspended, discharged, or restricted in duties if the
				employee reported himself or herself.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-06 - Nurse Aide Abuse and Neglect Registry › Section 69-6-5 - Investigations

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Nurse Aide
				Program shall review the facilities' immediate and follow-up reports of abuse,
				neglect or misappropriation of property and assign an OHFLAC surveyor to
				investigate when applicable.
5.2.
				The investigation process may include one or more of the following elements:
5.2.a. A visit to the facility;
5.2.b. A private interview with the
				resident;
5.2.c. Observation of the
				resident within the facility environment;
5.2.d. Examination of the resident's medical
				and other records, and any other relevant documents, including incident
				reports;
5.2.e. Assessment of the
				resident's physical and mental functioning level;
5.2.f. Examination of any documents prepared
				by the facility that relate to the alleged incident or the facility's
				investigation of the incident;
5.2.g. Evaluation of the nature, extent, and
				cause or causes of the injury or harm suffered by the resident;
5.2.h. Interviews with any potential
				witnesses who may possess information related to the issues;
5.2.i. An interview with the alleged
				perpetrator; and
5.2.J. An
				evaluation of the environment and the risks of physical or emotional injury or
				harm.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-06 - Nurse Aide Abuse and Neglect Registry › Section 69-6-6 - Determination

Current through Register Vol. XLI, No. 28, July 12, 2024
The Nurse Aide Program shall review the investigation report
				  and determine the disposition as follows:
6.1. The evidence is insufficient to warrant
				further action; or.
6.2. Make a
				finding of abuse, neglect, misappropriation of property, or a combination
				thereof and:
6.2.a. Place the nurse aide on
				the Nurse Aide Abuse and Neglect Registry; or
6.2.a. Offer an alternative
				sanction.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-06 - Nurse Aide Abuse and Neglect Registry › Section 69-6-7 - Notice of Determination

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				If the Nurse Aide Program determines that there is insufficient evidence to
				substantiate the allegation, the Nurse Aide Program shall notify the nurse aide
				by regular mail.
7.2. If the Nurse
				Aide Program makes a finding of abuse, neglect, misappropriation of property,
				or a combination thereof, the Nurse Aide- Program shall notify the nurse aide
				by certified mail of the determination. The determination notice shall include:
7.2.a. The nature of the offense;
7.2.b. The date of the occurrence;
7.2.c. The right to request a hearing and the
				procedure for a request;
7.2.d. The
				right to be represented by an attorney at his or her expense;
7.2.e. The intent to place the individual's
				name on the Nurse Aide Abuse and Neglect Registry in 30 days if the individual
				fails to request a hearing or fails to agree to alternative sanctions, if
				applicable;
7.2.f. The consequences
				if the Nurse Aide Program places the individual's name on the Nurse Aide Abuse
				and Neglect Registry; and
7.2.g.
				The Nurse Aide's right to petition the Nurse Aide Program in writing for
				removal of his or her name from the Nurse Aide Abuse and Neglect Registry after
				one year for placement due to neglect.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-06 - Nurse Aide Abuse and Neglect Registry › Section 69-6-8 - Hearing

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Hearings shall
				be held by the Board of Review in accordance with W. Va. Code §
									29A-5-1,
				et seq. and except as provided in this section, with the Department of Health
				and Human Resources rule. Rules for Hearings under the Administrative
				Procedures Act, 69CSR1.
8.2. When
				the Board of Review receives a nurse aide's written request for a hearing, a
				hearing shall be scheduled within 120 days of the request.
8.3. The hearing shall be scheduled in
				proximity to the location where the alleged incident occurred, in OHFLAC
				offices, or a location agreed to by the parties.
8.4. Written notice of the date, time, place
				of the hearing, and brief statement of the matter asserted shall be given as
				prescribed by W.Va. Code §
									29A-7-2, or by
				electronic mail at least 10 days prior to the hearing.
8.5. The nurse aide shall bear the cost of
				his or her attorney and a copy of the transcript, if requested.
8.6. Due to the confidential nature of these
				proceedings, the hearing is not open to the public. The Hearing Examiner shall
				have the authority to determine who may attend the hearing.
8.7. During the hearing, each party may:
8.7.a. Present evidence;
8.7.b. Cross-examine witnesses;
8.7.c. Submit rebuttal evidence;
				and
8.7.d. Have
				representation.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-06 - Nurse Aide Abuse and Neglect Registry › Section 69-6-9 - Court Determination

Current through Register Vol. XLI, No. 28, July 12, 2024
A determination in any court of law of any abuse, neglect or
				  misappropriation of property by a nurse aide in any case involving a minor or
				  an incapacitated adult shall result in placement of the nurse aide's name on
				  the Nurse Aide Abuse and Neglect Registry.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-06 - Nurse Aide Abuse and Neglect Registry › Section 69-6-10 - Facility Notice and Record Keeping

Current through Register Vol. XLI, No. 28, July 12, 2024
Facilities shall provide a copy of this rule to each nurse
				  aide on their staff and to each nurse aide at the time of hiring and keep
				  signed proof that each nurse aide has received a copy of the
				  rule.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-06 - Nurse Aide Abuse and Neglect Registry › Section 69-6-11 - Nurse Aide Registry Placement

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Placement on the Nurse Aide Registry
				for any type of abuse is permanent.
11.2. Placement on the Nurse Aide Registry
				for neglect is for one calendar year after which the nurse aide may send a
				written request to the Registry to have his or her name removed, unless:
11.2.a. The nurse aide has continued to work
				in long term care, assisted living, behavioral health or hospice after he or
				she has been notified of his or her placement on the Nurse Aide Abuse and
				Neglect Registry for neglect. The nurse aide shall have the time that he or she
				worked after his or her notification added to the placement time so that a
				total of one calendar year is served on the Nurse Aide Abuse and Neglect
				Registry.
11.2.b. The nurse aide
				becomes ineligible for other reasons.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-07 - Regulations of Opioid Treatment Programs › Section 69-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope.-- This
				rule establishes the regulation of opioid treatment services and sets forth
				minimal standards for state approval of opioid treatment programs as defined in
				this rule.
1.2. Authority. -- W.Va.
				Code §§
									9-2-6,
				16-1-4
				and
				27-9-1.
1.3. Filing Date. -- July 12, 2013.
1.4. Effective Date. --October 10,
				2013.
1.5. Purpose -- This rule
				governs all aspects of the regulation of opioid treatment programs, as defined
				by this rule, which are located in West Virginia. This rule repeals and
				replaces 64 CSR 90, effective April 11, 2008.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-07 - Regulations of Opioid Treatment Programs › Section 69-7-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. - This rule applies to all for-profit programs and not-for-profit
				programs approved by the state of West Virginia to operate as an opioid
				treatment program as defined in this rule. These programs are exempt from the
				Department of Health and Human Resources rule entitled "Behavioral Health
				Centers Licensure," 64 CSR 11, so long as the services offered remain solely
				those described within this rule. If additional services are provided, the
				opioid treatment program shall comply with all other applicable licensure laws
				and rules.
2.2. Enforcement. - This
				rule is enforced by the Secretary of the Department of Health and Human
				Resources. The Secretary shall designate an office of the Department to act in
				his or her stead.
2.3. Adoption of
				Other Standards. - In addition to the standards set forth in this rule, the
				provisions of the federal regulation entitled "Certification of Opioid
				Treatment Programs," 42 CFR 8, are hereby adopted in their entirety by
				reference. To the extent there is a conflict between federal regulations or
				standards and the provisions of this rule, the more stringent standard
				applies.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-07 - Regulations of Opioid Treatment Programs › Section 69-7-4 - State Authority; Powers and Duties

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The secretary shall designate an
				individual or agency within the department to serve as the state authority to
				provide technical assistance to opioid treatment programs and the state
				oversight authority. The Governor has designated the Bureau for Behavioral
				Health and Health Facilities as the state methadone authority, as that
				authority is defined in this rule.
4.2. The powers and duties of the state
				authority include, but are not limited to, the following:
4.2.a. Facilitate the development and
				implementation of rules, regulations, standards and best practice guidelines to
				assure the quality of services delivered by opioid treatment
				programs;
4.2.b. Act as a liaison
				between relevant state and federal agencies;
4.2.c. Review opioid treatment guidelines,
				rules, regulations and recovery models for individualized treatment plans of
				care developed by the federal government and other nationally recognized
				authorities approved by the secretary;
4.2.d. Assure delivery of technical
				assistance and informational materials to opioid treatment programs as
				needed;
4.2.e. Perform both
				scheduled and unscheduled site visits to opioid treatment programs in
				cooperation with the identified state oversight office when necessary and
				appropriate;
4.2.f. Consult with
				the federal government regarding approval or disapproval of requests for
				exceptions to federal regulations, where appropriate;
4.2.g. Review and approve exceptions to
				federal and state dosage policies and procedures;
4.2.h. Receive and refer patient appeals and
				grievances to the designated state oversight agency when appropriate;
				and
4.2.i. Work cooperatively with
				other relevant state agencies to determine the services needed and the location
				of a proposed opioid treatment program.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-07 - Regulations of Opioid Treatment Programs › Section 69-7-5 - State Oversight Agency

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				secretary has designated the Office of Health Facility Licensure and
				Certification within the Department of Health and Human Resources to act as the
				state oversight agency, as that agency is defined in this rule. The Office of
				Health Facility Licensure and Certification shall provide regulatory oversight,
				licensing and inspection of opioid treatment programs.
5.2. The powers and duties of the state
				oversight agency include, but are not limited to, the following:
5.2.a. Develop and implement rules,
				regulations, standards and best practice guidelines regarding the licensure and
				oversight of opioid treatment programs;
5.2.b. Accept applications and fees for
				licensure of opioid treatment programs and conduct all necessary reviews,
				inspections or investigations in order to determine whether a license should be
				issued;
5.2.c.Issue initial,
				amended and renewed licenses to an opioid treatment program upon a
				determination that the program is qualified;
5.2.d. Perform both scheduled and unscheduled
				site visits to opioid treatment programs when necessary and
				appropriate;
5.2.e.Monitor the
				activities of all opioid treatment programs to ensure compliance with all state
				and federal requirements;
5.2.f.
				Receive and act upon patient complaints, appeals and grievances;
5.2.g. Inspect all allegations of misconduct,
				rule or regulation violations, unauthorized activities or other conduct that
				may affect the health, safety or well-being of patients or employees of an
				opioid treatment program;
5.2.h.
				Assist an opioid treatment program in developing a plan of improvement in order
				to correct any noted violations or deficiencies;
5.2.i. Revoke or suspend the license of an
				opioid treatment program in accordance with the applicable administrative
				proceedings; and
5.2.j. Perform all
				other necessary actions related to the licensing, monitoring, investigatory and
				oversight of opioid treatment programs.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-07 - Regulations of Opioid Treatment Programs › Section 69-7-6 - Certification, Approval and Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Unless otherwise exempted by this rule,
				all individuals or other entities operating as an opioid treatment program
				shall meet the requirements of applicable federal and state statutes, rules and
				regulations; shall be approved by the state authority and shall be
				appropriately licensed by the designated state oversight agency. In particular,
				in order to be eligible for licensure, an opioid treatment program shall comply
				with all federal regulations, provisions and standards contained in
				"Certification of Opioid Treatment Programs," 42 CFR Part 8, as
				amended.
6.2. Hospitals that are
				licensed under "Hospital Licensure," 64 CSR 12, and behavioral health
				facilities that are licensed under "Behavioral Health Centers Licensure," 64
				CSR 11, and which provide opioid treatment services as defined in this rule are
				subject to the provisions of this rule and to all other relevant federal and
				state licensing requirements as specified by the secretary.
6.3. An opioid treatment program directly
				operated by the Department of Veterans Affairs, the Indian Health Service or
				any other department or agency of the United States is not required to obtain a
				state license.
6.4. Federal
				agencies operating opioid treatment programs may agree to cooperate voluntarily
				with state agencies regarding visits or inspections of federal facilities and
				an exchange of reports.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-07 - Regulations of Opioid Treatment Programs › Section 69-7-7 - Licensure, Fees and Costs

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Before establishing, operating, maintaining or advertising a opioid treatment
				program within the state of West Virginia, an opioid treatment program shall:
7.1.a. Hold current, valid certification from
				the Substance Abuse and Mental Health Services Administration
				(SAMHSA);
7.1.b. Be registered and
				qualified by the United States Department of Health and Human Services under
				the Controlled Substances Act to dispense opioid drugs in the treatment of
				opioid addiction; and
7.1.c. Be
				approved by the state authority for operation of an opioid treatment program in
				this state; and
7.1.d. Have been
				approved for a certificate of need pursuant to
W.Va. Code
				§
16-2D-1,
et seq.;
and
7.1.e.Obtain from the secretary a license
				authorizing the operation of the opioid treatment program and
				facility.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-07 - Regulations of Opioid Treatment Programs › Section 69-7-8 - Facility Construction or Renovations

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Before construction or extensive
				renovation of an opioid treatment program facility begins, the program sponsor
				shall submit to the secretary for approval a complete set of the plans for the
				project, which includes the drawings and specifications for the architectural,
				structural and mechanical design and work.
8.2. The secretary shall advise the program
				sponsor whether approval has been granted within ten working days from the date
				of receipt of the plans. In the event the plans for the project are not
				approved, the secretary shall set forth in writing the reasons for the
				disapproval and provide the program sponsor the opportunity to correct any
				deficiencies. Construction or extensive renovation of a facility may not begin
				until the secretary has issued final approval of the plans.
8.3. All opioid treatment program facilities
				shall comply with the current standards of the Americans with Disabilities Act
				of 1990, as amended.
8.4. All
				opioid treatment program facilities must meet all other requirements of
				applicable federal or state regulatory or oversight agencies.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-07 - Regulations of Opioid Treatment Programs › Section 69-7-9 - Annual Inspections

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. All
				opioid treatment programs shall permit inspections and surveys by duly
				authorized employees of the secretary and any other state or federal
				governmental authority or accreditation or certification body. All inspections
				shall be conducted in accordance with applicable federal and state licensing,
				controlled substance and confidentiality laws.
9.2. Each opioid treatment program shall be
				accredited and registered as required by the federal agency responsible for
				oversight of opioid treatment programs. The opioid treatment program shall
				permit inspections and surveys by all accreditation agencies and shall submit a
				copy of the results of the accreditation survey to the secretary and to the
				state authority when they become available.
9.3. Each licensed opioid treatment program
				shall be inspected annually by employees or agents designated by the secretary.
				Inspections shall include, but are not limited to:
9.3.a. Observation of service
				delivery;
9.3.b. Review of life
				safety and environmental conditions;
9.3.c. Review of clinical and administrative
				records;
9.3.d. Interviews with
				patients, with their consent, staff and administrators, and
9.3.e. Review of staff education and training
				requirements.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-07 - Regulations of Opioid Treatment Programs › Section 69-7-11 - Plans of Correction

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				Within ten working days after receipt of the inspection report, the program
				sponsor or administrator shall submit to the secretary for approval a written
				plan to correct all deficiencies that are in violation of this rule, unless a
				variance is requested by the opioid treatment program and granted by the
				secretary. The plan of correction shall specify:
11.1.a. Any action taken or procedures
				proposed to correct the deficiencies and prevent their reoccurrence;
11.1.b. The date of completion of each action
				taken or to be taken; and
11.1.c.
				The signature of the head of the governing body or his or her
				designee.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-07 - Regulations of Opioid Treatment Programs › Section 69-7-12 - Waivers and Variances

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The
				secretary may grant a waiver or variance to the provisions of this rule under
				any of the following circumstances:
12.1.a. A
				strict application of the rule clearly would be impractical and if any
				alternate arrangements are not detrimental to the health or safety of the
				patients or employees of the program, or
12.1.b.A waiver, variance or extension of a
				provisional license is necessary under extraordinary circumstances or otherwise
				to protect public health, or
12.1.c. The waiver or variance serves the
				best interests of patient safety and quality of care.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-07 - Regulations of Opioid Treatment Programs › Section 69-7-13 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The secretary
				may deny any application for licensure or licensure renewal as an opioid
				treatment program; revoke or suspend a license; and/or order an admissions ban
				or reduction in patient census for one or more of the following reasons:
13.1.a. The secretary makes a determination
				that fraud or other illegal action has been committed;
13.1.b. The opioid treatment program has
				violated federal, state or local law relating to building, health, fire
				protection, safety, sanitation or zoning;
13.1.c. The opioid treatment program conducts
				practices that jeopardize the health, safety, welfare or clinical treatment of
				a patient;
13.1.d. The opioid
				treatment program has failed or refused to submit reports or make records
				available as requested by the secretary; or
13.1.e. An opioid treatment program has
				refused to provide access to its location or records as requested by the
				secretary.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-07 - Regulations of Opioid Treatment Programs › Section 69-7-14 - Reports and Records

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1.
				Inspection Reports.
14.1.a. The secretary
				shall keep on file a report of any inspection, survey or investigation of an
				opioid treatment program or any program sponsor, owner, employee, volunteer or
				patient thereof.
14.1.b.
				Information in reports or records shall be available to the public except for
				the following:
14.1.b.1. Information
				regarding complaints and subsequent investigations that is deemed confidential
				by any provision of this rule or applicable state or federal laws;
14.1.b.2. Information of a personal nature
				from a patient or personnel file; or
14.1.b.3. Information required to be kept
				confidential by state or federal law.
14.1.c. A report of an inspection or
				investigation made public shall also state whether a plan of correction has
				been submitted to or approved by the secretary.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-07 - Regulations of Opioid Treatment Programs › Section 69-7-15 - Administrative Organization of Opioid Treatment Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Each opioid treatment program shall
				identify a program sponsor, a governing body, an administrator, an advisory
				council and a peer review committee.
15.2. Program Sponsor.
15.2.a. The program sponsor is the person
				named in the application for certification and licensure of an opioid treatment
				program. The program sponsor shall agree on behalf of the opioid treatment
				program to adhere to all requirements set forth in federal or state laws, rules
				or regulations regarding the use of opioid treatment medications in the
				treatment of opioid addiction.
15.2.b. The program sponsor is responsible
				for the general establishment, certification, licensure and operation of the
				opioid treatment program
15.2.c.
				The program sponsor need not be a licensed physician. If the program sponsor is
				not a licensed physician, the opioid treatment program shall employ a licensed
				physician for the position of medical director.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-07 - Regulations of Opioid Treatment Programs › Section 69-7-16 - Medication Security

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1.
				Each opioid treatment program shall have policies and procedures that comply
				with all relevant federal and state laws, rules and regulations regarding the
				storage and management of medications kept at the facility. The policies and
				procedures shall include measures that:
16.1.a. Ensure responsible handling and
				secure storage of all medications kept at the facility.
16.1.b. Ensure responsible documentation of
				all medications received, stored, administered and dispensed at the
				facility.
16.1.c. Ensure that only
				authorized personnel may access the storage areas where any medications are
				kept.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-07 - Regulations of Opioid Treatment Programs › Section 69-7-17 - Facility and Clinical Environment

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Except as otherwise provided herein,
				all opioid treatment programs shall be open for business seven days per week.
				The program may be closed for eight holidays and two training days per
				year.
17.2. Each opioid treatment
				program facility shall have:
17.2.a.
				Sufficient space and adequate equipment for the provision of all services
				specified in the program's description of treatment services;
17.2.b. Clean, safe and well-maintained
				patient and staff areas;
17.2.c. A
				secure room and lockable equipment for patient records;
17.2.d. Private offices or areas for
				individual and group therapeutic meetings, sufficient in number to address the
				counseling and treatment needs of the population served;
17.2.e. Sanitary and secure dosing
				areas;
17.2.f. Sufficient restrooms
				for the estimated patient population with areas for observation of specimen
				production, if necessary; and
17.2.g. Adequate parking areas for the
				expected flow of traffic.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-07 - Regulations of Opioid Treatment Programs › Section 69-7-18 - Staffing

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. Medical
				Director.
18.1.a. Each opioid treatment
				program shall have a designated medical director. The medical director shall be
				a physician licensed to practice medicine or osteopathy in the state of West
				Virginia and shall have either:
18.1.a.1.
				Demonstrated experience in opioid treatment; or
18.1.a.2. A written plan to attain competence
				in opioid treatment within a probationary time period as provided in
				§18.1.b herein.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-07 - Regulations of Opioid Treatment Programs › Section 69-7-20 - Risk Management

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1.
				Each opioid treatment program shall:
20.1.a.
				Obtain a voluntary, written, program-specific informed consent to treatment
				from each patient at admission;
20.1.b. Inform each patient about all
				treatment procedures, services, and other policies and regulations throughout
				the course of treatment;
20.1.c.
				Obtain voluntary, written, informed consent to the prescribed therapy from each
				patient before dosing begins;
20.1.d. Inform each patient that:
20.1.d.1. The goal of medication assisted
				therapy is recovery, stabilization of functioning and establishment of a
				drug-free lifestyle;
20.1.d.2.
				Detoxification from opioids over thirty to one hundred eighty days is a
				treatment alternative to an ongoing, recovery-oriented plan of care, and that
				under the detoxification protocol:
20.1.d.2.A. The strength of maintenance doses
				of methadone should decrease over time;
20.1.d.2.B. The detoxification treatment
				should be limited to a defined period of time; and
20.1.d.2.C. The participant is required to
				work towards a drug-free lifestyle;
20.1.d.3. At each review of the
				individualized treatment plan of care, in full consultation with the patient,
				the program will discuss present level of functioning, course of treatment and
				future long-term recovery goals; and
20.1.d.4. A patient may choose to withdraw
				from or be maintained on the medication as he or she desires unless medically
				contraindicated.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-07 - Regulations of Opioid Treatment Programs › Section 69-7-21 - Life Safety Policies and Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. Each opioid treatment program shall
				develop and maintain policies and procedures regarding the appropriate and safe
				administration of medications and other medical treatment. The policies and
				procedures shall:
21.1.a. Ensure that the
				correct dose of medication is administered and that appropriate actions are
				taken if a mistake is made, including a mechanism for reporting unusual
				incidents to appropriate program staff;
21.1.b. Establish a current plan for
				emergency administration of medications in case the program must be closed
				temporarily, including how patients will be informed of these emergency
				arrangements;
21.1.c. Ensure that
				there is appropriately trained staff on duty at all times who are proficient in
				cardiopulmonary resuscitation and management of opiate overdose; and
21.1.d. Ensure that each opioid treatment
				medication used by the opioid treatment program is administered and dispensed
				in accordance with its approved product labeling. Dosing, dispensing and
				administration decisions shall be made by a program physician familiar with the
				most up-to-date product labeling. These procedures must ensure that any
				significant deviations from the approved labeling, including deviations with
				regard to dose frequency, or the conditions of use described in the approved
				labeling, are specifically documented in the patient's record.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-07 - Regulations of Opioid Treatment Programs › Section 69-7-22 - Continuous Quality Improvement Policies, Diversion Control Plan

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1. Each opioid
				treatment program shall maintain current quality assurance and quality control
				plans that include provisions for:
22.1.a.
				Regular and continuous staff education;
22.1.b. An annual review, in consultation
				with the advisory council and the peer review committee, of program policies
				and procedures; and
22.1.c.
				Consideration of ongoing input into program policies and procedures by patients
				regarding community concerns;
22.1.d. Development and implementation of
				annual patient satisfaction surveys that include a review of patient
				satisfaction with operating hours and pricing of services;
22.1.e. Adherence to universal infection
				control precautions promulgated by the Center for Disease Control;
22.1.f. An ongoing assessment, measurement
				and monitoring of patient outcomes, treatment outcomes and the various
				processes including, but not limited to:
22.1.f.1. Reduction or elimination of the
				patient's use of illicit opioids, illicit drugs and the problematic use of
				licit drugs;
22.1.f.2. Reduction or
				elimination of associated criminal activities;
22.1.f.3. Reduction of the patient's
				behaviors contributing to the spread of infectious diseases; and
22.1.f.4. Improvement of quality of life
				through the restoration of physical and behavioral health and functional
				status, including employment or volunteerism, as may be appropriate.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-07 - Regulations of Opioid Treatment Programs › Section 69-7-23 - Incident Reporting and Adverse Events

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1. Each opioid treatment program shall
				develop policies and procedures for comprehensively documenting, investigating,
				taking corrective action and tracking instances of adverse events or
				incidents.
23.2. Adverse events or
				incidents are defined as an event which may involve:
23.2.a. Immediate threat to the care or
				safety of an individual, whether staff member, visitor or patient;
23.2.b. The possibility of serious
				operational or personnel problems; or
23.2.c. The potential to undermine public
				confidence in the treatment program.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-07 - Regulations of Opioid Treatment Programs › Section 69-7-26 - Admissions Committee

Current through Register Vol. XLI, No. 28, July 12, 2024
26.1.
				Each opioid treatment program shall have an admissions committee, consisting of
				the program administrator or his or her designee, the medical director or his
				or her designee, and a senior counselor.
26.2. Exceptions to the general admissions
				criteria shall be documented and approved by the admissions
				committee.
26.3. Exceptions to the
				admission criteria include, but are not limited to:
26.3.a. Circumstances where a physician did
				not observe or interview the patient within three days of admission;
				and
26.3.b. Circumstances where a
				physician did not observe or interview the patient at all.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-07 - Regulations of Opioid Treatment Programs › Section 69-7-27 - Pre-Admission Assessment; Admission Criteria

Current through Register Vol. XLI, No. 28, July 12, 2024
27.1. Each opioid treatment program shall
				maintain current procedures designed to ensure that patients are admitted to
				maintenance treatment only after assessment by qualified personnel who have
				determined that the person meets the qualifications for admission.
27.2. Any person seeking admittance to the
				opioid treatment program shall undergo a pre-admission initial assessment in
				order to determine whether the person meets the criteria for admission to an
				opioid treatment program. The initial assessment, consisting of a physical
				examination and an intake screening, shall be conducted by the medical
				director, an approved program physician or a supervised physician extender. The
				initial assessment shall focus on the individual's eligibility and need for
				treatment and shall provide indicators for initial dosage level, if required
				and if admission is determined appropriate. The determination of admission
				eligibility shall be made using accepted medical criteria such as those listed
				in the Diagnostic and Statistical Manual for Mental disorders
				(DSM-IV).
27.3. The initial
				physical examination shall include documentation of:
27.3.a. A brief physical
				examination;
27.3.b. The patient's
				immediately relevant health history (e.g., determination of chronic or acute
				medical conditions such as diabetes, renal disease, hepatitis, sickle cell
				anemia, tuberculosis, HIV exposure, sexually transmitted disease, chronic
				cardiopulmonary disease and pregnancy);
27.3.c. A determination of currently
				prescribed medications;
27.3.d. An
				evaluation of other substances of abuse;
27.3.e. Determination of current opioid
				dependence;
27.3.f. Determination
				of length of addiction;
27.3.g. A
				toxicology screen to determine immediate use of opiates;
27.3.h. An initial drug test and full
				toxicology screen to identify whether the patient is using other drugs,
				including opiates, methadone, amphetamines, cocaine, barbiturates,
				benzodiazepines, marijuana, or other drugs or substances as determined by
				community standards, regional variation or clinical indication (e.g.,
				carispodol); to determine whether the individual is opioid addicted; and to
				determine whether the patient is presently receiving methadone for an opioid
				addiction from another opioid treatment program;
27.3.i. An inquiry to and report from the
				Controlled Substances Monitoring Program; and.
27.3.j. An inquiry whether the patient is
				enrolled in any other opioid treatment program.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-07 - Regulations of Opioid Treatment Programs › Section 69-7-28 - Multiple Program Enrollments

Current through Register Vol. XLI, No. 28, July 12, 2024
28.1. A patient enrolled in an opioid
				treatment program shall not be permitted to obtain treatment in any other
				opioid treatment program except in exceptional circumstances.
28.1.a. If the medical director or program
				physician of the opioid treatment program in which the patient is enrolled
				determines that an exceptional circumstance exists, the patient may be granted
				permission to seek treatment at another opioid treatment program.
28.1.b. The justification for finding
				exceptional circumstances shall be noted in the patient's individualized
				treatment plan of care and medical chart both at the opioid treatment program
				in which the patient is enrolled and at the opioid treatment program that
				provides the additional treatment.