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 69-7-10 - For-Cause Inspections; Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The secretary may at any time inspect
				an opioid treatment program for cause if the secretary has received a complaint
				about the program or has reason to believe that the program may be operating in
				violation of federal or state opioid treatment standards; may be providing
				substandard treatment or may be serving as a possible source of diverted
				medications.
10.2. Any person may
				file a complaint with the secretary alleging violation of applicable laws,
				rules, or policies by an opioid treatment program. A complaint shall identify
				the opioid treatment program by name and state the nature of the
				complaint.
10.3. The secretary may
				conduct unannounced inspections of an opioid treatment program named in a
				complaint and any other investigations deemed necessary to determine the
				validity of a complaint.
10.4. At
				the time of any on-site investigation activities, the investigator shall notify
				the program sponsor or administrator of the general reason for the
				investigation.
10.5. Within ten
				working days of the investigation, the secretary shall provide to the program
				sponsor or administrator a written report of the results of the investigation.
				The report shall specify any deficiency found and the rule that forms the basis
				for the violation.
10.6. The
				secretary may permit the opioid treatment program to develop a plan of
				correction to address any noted violations or deficiencies. The secretary may
				advise and consult with the program sponsor, administrator or other personnel
				with the opioid treatment program in order to assist with a plan of
				correction.
10.7. The secretary may
				take disciplinary measures, impose a fine, suspend or revoke a license or take
				such other action as deemed appropriate to address any violations or
				deficiencies. In the event the secretary determines that the continued
				operation of the opioid treatment program is a threat to the health, welfare
				and safety of its patients or employees, the secretary may issue an order
				immediately closing the facility pursuant to applicable administrative
				procedures.
10.8. The secretary
				shall provide to the complainant a description of any corrective action the
				opioid treatment program is required to take and of any disciplinary action the
				secretary may take.
10.9. The
				secretary shall keep confidential any information that could reasonably lead to
				the identification of a complainant and of any patient involved in the
				complaint or investigation. The secretary shall not disclose such information
				without the written consent of the complainant or patient. The secretary shall
				delete any identifying information before disclosure of investigative
				information to the public.
10.10.
				If a complaint becomes the subject of a judicial proceeding, nothing in this
				rule prohibits the disclosure of information that would otherwise be disclosed
				in judicial proceedings.
10.11. The
				secretary may suspend or revoke a license of an opioid treatment program for
				violating the prohibitions of this section.