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 69-8-4 - Licensure

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. General
				Licensure Provisions.
4.1.1. No person,
				partnership, association, or corporation may operate a pain management clinic
				in the state of West Virginia without first obtaining a license.
4.1.2. A license is valid only for the
				location and persons named and described in the application.
4.1.3. Each pain management clinic location
				shall be licensed separately, regardless of whether the clinic is operated
				under the same business name or management as another clinic.
4.1.4. Each licensed clinic location shall
				designate a physician owner unique to that clinic. The designated physician
				owner shall practice at the clinic and be responsible for the operation of the
				clinic in accordance with the requirements of this rule.
4.1.5. A license is not transferable or
				assignable.
4.1.6. If the ownership
				of a pain management clinic changes, the new owner shall notify the secretary
				within 10 days and immediately apply for a new license. The new owner's
				application for a license has the effect of a valid license for three months
				from the date the application is received by the director.
4.1.7. The pain management clinic shall
				notify the secretary in writing 30 days prior to a change in the name or
				location of the clinic and submit an application form for a license
				amendment.
4.1.8. If there is a
				change in the designated physician owner, the pain management clinic must
				comply with the provisions of subsection 6.4.3. of this rule.
4.1.9. Initial and renewal licenses shall
				expire one year from issuance.
4.1.10. If the pain management clinic is not
				in substantial compliance with this rule but does not pose a significant risk
				to the health, safety, or rights of the patients a license expiring in less
				than one year may be issued.
4.1.11. A licensure survey may be conducted
				periodically during the course of the annual licensing term.
4.1.12. The secretary or his or her designee
				may enter the premises of any practice, office, or facility if the secretary
				has reasonable belief that it is being operated or maintained as a pain
				management clinic without a license.
4.1.13. If the owner or person in charge of a
				licensed pain management clinic or of any other unlicensed practice, office, or
				facility which the secretary has reasonable belief that it is being operated as
				a pain management clinic refuses entry pursuant to this rule, the secretary
				shall petition the Circuit Court of Kanawha County for an inspection
				warrant.
4.1.14. If the secretary
				finds on the basis of an inspection that any person, partnership, association,
				or corporation is operating as a pain management clinic without a license, the
				pain management clinic shall apply for a license within 10 days.
4.1.15. A pain management clinic that fails
				to apply for a license is subject to the penalties established by sections 17
				and 18 of this rule.
4.1.16. A pain
				management clinic shall surrender an expired, revoked, or otherwise invalid
				license to the secretary upon written demand.