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 69-09 - Neonatal Abstinence Centers › Section 69-9-4 - STATE OVERSIGHT AGENCY AUTHORITY; POWERS AND DUTIES

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. 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 defined in this
				rule.
4.2. The Office of Health
				Facility Licensure and Certification shall provide regulatory oversight,
				licensing and inspection of neonatal abstinence syndrome centers.
4.3. The duties and powers of the state
				oversight agency include, but are not limited to, the following:
4.3.a. Develop and implement rules,
				standards, and best practice guidelines regarding the licensure and oversight
				of neonatal abstinence syndrome centers;
4.3.b. Accept applications and fees for the
				licensure of neonatal abstinence syndrome centers;
4.3.c. Conduct all necessary reviews,
				inspections or investigations in order to determine whether a license should be
				issued or renewed;
4.3.d. Issue
				initial, amended and renewed licenses to neonatal abstinence syndrome centers
				upon a determination that the program is qualified;
4.3.e. Deny initial, amended and renewed
				licenses to neonatal abstinence centers upon the determination that the program
				is not qualified;
4.3.f. Perform
				annual inspections, revisits and complaint investigations as unannounced
				surveys when necessary and appropriate;
4.3.g. Monitor activities of all neonatal
				abstinence syndrome centers to ensure compliance with all state
				requirements;
4.3.h. Receive and
				act upon patient complaints, appeals and grievances;
4.3.i. 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 a
				neonatal abstinence syndrome center;
4.3.j. Issue a directed plan of correction
				when a neonatal abstinence facility fails to develop an acceptable plan of
				correction;
4.3.k. Revoke or
				suspend the license of a neonatal abstinence syndrome center in accordance with
				the applicable administrative proceedings; and
4.3.l. Perform all other necessary actions
				related to the licensing, monitoring, investigatory and oversight of neonatal
				abstinence syndrome centers.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-09 - Neonatal Abstinence Centers › Section 69-9-5 - ADMINISTRATIVE ORGANIZATION

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Each
				neonatal abstinence syndrome center shall identify a program sponsor, a
				governing body, an administrator, an advisory council, and a quality
				improvement committee.
5.2. Each
				member of the administrative organization, including staff, shall not have any
				actual or perceived conflict of interest.
5.3. Program Sponsor.
5.3.a. The program sponsor is the person
				named in the application for certification and licensure of a neonatal
				abstinence syndrome center.
5.3.b.
				The program sponsor shall agree on behalf of the center to adhere to all
				requirements set forth in federal and state laws, rules or regulations
				regarding the use of pharmacological medications in the treatment of neonatal
				abstinence syndrome.
5.3.c. The
				program sponsor is responsible for the general establishment, certification,
				licensure and operation of the neonatal abstinence syndrome center.
5.3.d. The program sponsor need not be a
				licensed physician. If the program sponsor is not a licensed physician, the
				center shall employ a licensed physician for the position of medical director.
				The medical director shall meet all requirements as specified in 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 69-09 - Neonatal Abstinence Centers › Section 69-9-6 - PHYSICAL FACILITY

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Facility Construction and Renovation.
6.1.a.
				Before construction or extensive renovation of a neonatal abstinence syndrome
				center begins, the program sponsor shall submit for approval a complete set of
				plans for the project to the state oversight agency.
6.1.b. The plans shall include the drawings
				and specification for the architectural, structural, and mechanical design for
				the construction or renovation.
6.1.c. The state oversight agency shall
				advise the program sponsor in writing delivered by regular mail whether
				approval has been granted within 30 days from the date of receipt of the
				plans.
6.1.d. In the event the
				plans for the project are not approved, the state oversight agency shall set
				forth in writing the reasons for the disapproval and provide the program
				sponsor the opportunity to correct any deficiencies.
6.1.e. Construction or extensive renovation
				of a facility may not begin until the Secretary has issued final approval of
				the plans in writing delivered by regular mail.
6.1.f. All centers must meet all other
				requirements of applicable federal or state regulatory 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 69-09 - Neonatal Abstinence Centers › Section 69-9-7 - PATIENT RIGHTS AND PARENTAL/LEGAL REPRESENTATIVE RIGHTS AND RESPONSIBILITIES

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Policies and
				Procedures.
7.1.a. The governing body of the
				center shall establish written policies and procedures regarding the rights and
				responsibilities of patients and legal representatives. The policies adopted
				shall be consistent with the provisions of this rule.
7.1.b. Through the administrator, the
				governing body is responsible for on-going development of and adherence to
				procedures implementing policies regarding the rights and responsibilities of
				patients.
7.1.c. The center shall
				make its policies and procedures available upon request.
7.1.d. The center shall have a
				non-discrimination policy, a patient bill of rights and a family bill of
				rights.
7.1.e. Prominently display
				a copy of the patient rights and responsibilities, the names, addresses, and
				telephone numbers of all associated state agencies including licensing
				agencies.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-09 - Neonatal Abstinence Centers › Section 69-9-8 - INCIDENTS AND INCIDENT REPORTING

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Critical Incidents.
8.1.a. The center shall provide an
				environment that remains free from accident hazards as possible.
8.1.b. The center shall provide an
				environment where each patient receives adequate supervision.
8.1.c. Critical incidents are incidents
				resulting in or the potential for significant harm or death to a patient.
				Critical incidents include, but are not limited to:
8.1.c.1. Allegations of abuse, neglect,
				mistreatment, misappropriation;
8.1.c.2. Medication errors;
8.1.c.3. Removal of a staff member from duty
				pending an investigation;
8.1.c.4.
				Behavior likely to lead to serious injury or significant property
				damage;
8.1.c.5. Involvement with
				law enforcement;
8.1.c.6.
				Possession of illicit substances, including alcohol, by anyone entering the
				facility;
8.1.c.7. Possession of a
				weapon by anyone entering the facility;
8.1.c.8. Injuries requiring medical
				treatment;
8.1.c.9. Reaction to
				medication or food requiring medical treatment;
8.1.c.10. Dietary errors with a negative
				outcome;
8.1.c.11. Removal of a
				patient from the nursery without authorization;
8.1.c.12. Fire;
8.1.c.13. Drug diversion;
8.1.c.14. Incident due to a lack of employee
				oversight;
8.1.c.15. Injuries of
				unknown origin;
8.1.c.16. Unusual
				occurrences, or
8.1.c.17. Any
				incident that has a significant and negative impact on the
				patient.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-09 - Neonatal Abstinence Centers › Section 69-9-9 - STAFFING

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Medical
				Director.
9.1.a. The center shall designate,
				in writing, a physician accountable to the governing body to serve as medical
				director.
9.1.b. The center shall
				have a medical director to ensure medical care provided to patients is adequate
				and appropriate.
9.1.c. The medical
				director shall be certified by the American Academy of Pediatrics with a
				specialty in Pediatrics with at least three years of experience in the medical
				care of patients with neonatal abstinence syndrome.
9.1.d. The medical director is responsible
				for:
9.1.d.1. Reviewing policies, procedures,
				and guidelines to ensure adequate, comprehensive services;
9.1.d.2. Coordinating medical care provided
				in the center so it is adequate and appropriate;
9.1.d.3. Assisting in the evaluation of
				credentialing and re-credentialing of licensed practitioners to determine
				whether they will be authorized to practice within the organization by
				recommendation;
9.1.d.4. Approving
				in-service training programs; and
9.1.d.5. Reviewing and evaluating incident
				reports or summaries of incident reports, identifying hazards to health and
				safety, and making recommendations as needed.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-09 - Neonatal Abstinence Centers › Section 69-9-10 - ADMISSION, DISCHARGE AND TRANSITION

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Admission.
10.1.a. A center may accept an admission
				under the following criteria:
10.1.a.1. The
				patient is recommended or referred by physician;
10.1.a.2. The patient is in stable
				condition;
10.1.a.3. The patient
				has a diagnosis of neonatal abstinence syndrome without other unrelated health
				conditions; and
10.1.a.4. The
				patient has an adjusted age of 36 weeks of gestation if bom prematurely, and is
				under the age of four months old.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-09 - Neonatal Abstinence Centers › Section 69-9-11 - PLAN OF CARE

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				Preventive health examinations shall occur at two to four week intervals up to
				24 weeks.
11.2. Thorough medical
				supervision and testing shall be done by an appropriately licensed health care
				professional with a specialization in neonatal abstinence syndrome.
11.3. Standing medical orders for conditions
				other than neonatal abstinence syndrome shall be carefully evaluated and shall
				take into consideration cautions necessary for neonatal abstinence
				syndrome.
11.4. The center shall
				have policies and procedures to assess and treat patients who show signs of
				illness, which include but are not limited to diarrhea, vomiting, and
				fever.
11.5. Each patient shall
				have an initial comprehensive assessment within 24 hours of admission that will
				result in the development of the initial plan of care. The initial plan of care
				will include a comprehensive summary of findings. The initial plan of care and
				implementation of services must begin at the earliest opportunity immediately
				after the initial assessment.
11.6.
				Comprehensive Assessment. The assessment will result in the development of the
				summary of findings and the plan of care.
11.6.a. The comprehensive assessment shall
				include:
11.6.a.1. Physical and medical
				assessment;
11.6.a.2. Demographic
				information and custody status;
11.6.a.3. Presenting problems and reason for
				referral;
11.6.a.4. Medical
				history;
11.6.a.5. Social
				history;
11.6.a.6. Developmental
				history;
11.6.a.7. Exposure
				history;
11.6.a.8. Summary of
				family strengths and weaknesses;
11.6.a.9. Treatment and medication
				orders;
11.6.a.10. Nutritional and
				dietary needs;
11.6.a.11. Summary
				of presenting problems and focus for treatment;
11.6.a.12. Behavioral status and needs;
				and
11.6.a.13. Any other special
				needs or accommodations.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-09 - Neonatal Abstinence Centers › Section 69-9-12 - PHARMACOLOGICAL INTERVENTIONS

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				Pharmacological interventions used shall be those recognized as appropriate to
				treat neonatal abstinence syndrome in an inpatient community-based
				setting.
12.2. Medication,
				including over-the-counter medicine will be prescribed and monitored by a
				licensed physician, physician's assistant or advanced practice registered
				professional nurse.
12.3. Patients
				admitted to the facility with properly labeled and bottled medications may
				continue those medications with appropriate consents until the center obtains a
				current physician's order. At no time shall this period exceed 24
				hours.
12.4. Only the person with
				prescriptive authority may order medications and dosages; only the program
				physician may approve changes in dosage.
12.5. The parent and/or legal representative
				shall be advised of any change in medication dosage or
				administration.
12.6. Each neonatal
				abstinence center shall have policies and procedures to comply with all
				relevant federal and state laws, rules and regulations regarding the storage,
				management and administration of medications kept at the facility. The policies
				and procedures shall include measures to:
12.6.a. Ensure responsible handling and
				secure storage of all medications kept at the facility;
12.6.b. Ensure responsible documentation of
				all medications received, stored, administered and dispensed at the
				facility;
12.6.c. Ensure only
				authorized personnel may access the storage areas where any medications are
				kept;
12.6.d. Ensure the security
				of medications to prevent diversion;
12.6.e. Ensure the proper recording keeping
				of all medications, including but not limited to, the:
12.6.e.1. Receipt of medication
				records;
12.6.e.2. Initial
				inventory;
12.6.e.3. Monthly
				inventory;
12.6.e.4. Counting of
				all controlled substances;
12.6.e.5. Perpetual logs;
12.6.e.6. Administration;
12.6.e.7. Documenting wastage;
12.6.e.8. Documentation of patient
				charts;
12.6.e.9. Disposal of
				controlled substances; and
12.6.e.10. Transferring of controlled
				substances among registrants.
12.6.f. Ensure all personnel administering
				medications to adhere to federal and state laws, rules, regulations, and
				protocols or guidelines from approved authorities;
12.6.g. Ensure medications are administered
				only by a practitioner who is qualified to do so by his or her scope of
				practice, is licensed under the appropriate state law, and is registered under
				the appropriate state and federal laws to administer opioid drugs;
				and
12.6.h. Ensure all medication
				is administered in accordance with its approved product labeling.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-09 - Neonatal Abstinence Centers › Section 69-9-13 - NON-PHARMACOLOGICAL INTERVENTIONS

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1.
				The center shall provide patients a low stimulus environment to go through the
				withdrawal process in a safe manner without additional discomfort.
13.2. The center shall use therapeutic
				handling techniques, as tolerated, upon admission. Therapeutic handling
				consists of the following techniques:
13.2.a.
				Swaddling;
13.2.b.
				C-Position;
13.2.c. Head-to-Toe
				Movement;
13.2.d. Vertical
				Rocking;
13.2.e.
				Clapping;
13.2.f.
				Feeding;
13.2.g. Controlling the
				Environment; and
13.2.h.
				Introducing Stimuli.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-09 - Neonatal Abstinence Centers › Section 69-9-14 - PARENT EDUCATION AND COUNSELING

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1.
				The center shall provide or arrange for engagement, assessment, therapeutic
				services, and linkage to community supports and services as part of the
				discharge and transition planning. Primary focus will be parents, families, and
				legal representatives of patients.
14.2. The parent education and counseling
				essential duties and responsibilities include but are not limited to:
14.2.a. Meet, or document attempts to meet,
				with parents, families, and/or legal representatives while patient is in the
				hospital and prior to admission to the neonatal abstinence syndrome center for
				the purpose of engaging and initiating admission process;
14.2.b. Complete biopsychosocial assessment
				of parents, family, and/or the legal representative that includes the use of
				drugs and alcohol;
14.2.c. Provide
				access to individual and group therapy, individual and group supportive
				intervention, and psychoeducational services to parents, families, and/or legal
				representatives;
14.2.d. Assist
				parents in obtaining needed supports by establishing linkage, including but not
				limited to, employment, housing, and social service benefits;
14.2.e. Develop and arrange services and
				supports for the parents, family, and/or legal representative upon discharge,
				including but not limited to behavioral and physical health services and
				recovery supports; and
14.2.f
				Coordinate linkage with, and support by, peer support and recovery
				coaches.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-09 - Neonatal Abstinence Centers › Section 69-9-15 - MEDICAL RECORDS AND RETENTION

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1.
				A medical record must be maintained for every individual evaluated or treated
				in the facility.
15.2. The center
				must employ adequate personnel to ensure prompt completion, filing and
				retrieval of records.
15.3. Medical
				records must be accurately written, promptly completed, properly filed and
				retained.
15.4. The center must use
				a system of author identification and record maintenance that ensures the
				integrity of the authentication and protects the security of all record
				entries.
15.5. Medical records must
				be retained in their original or legally reproduced form until the patient
				reaches 24 years of age.
15.6. The
				center must have a procedure for ensuring the confidentiality of patient
				records.
15.6.a. Information from or copies
				of records may be released only to authorized individuals and the facility must
				ensure that unauthorized individuals cannot gain access to or alter patient
				records.
15.6.b. Original medical
				records must be released by the facility only in accordance with federal or
				state laws, court orders or subpoenas.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-10 - West Virginia Clearance for Access: Registry and Employment Screening › Section 69-10-1 - General Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				It is the purpose of this rule to protect West Virginia's vulnerable population
				by requiring registry prescreening and state and federal criminal background
				checks for all direct access personnel of the Department, covered providers,
				and covered contractors. The short title of this rule shall be known as WV
				CARES.
1.2. Authority. -- W. Va.
				Code §
									16-49-9.
1.3. Filing Date. -- April 29,
				2021.
1.4. Effective Date. --
				April 30, 2021.
1.5. Sunset
				Provision. -- This rule shall terminate and have no further force or effect on
				August 1, 2026.
1.6. Application.
				-- This rule applies to the Department, covered providers, and covered
				contractors as defined in this rule and W. Va. Code §§
									16-49-1,
et seq
.
1.7.
				Enforcement. -- This rule is enforced by the Secretary of the 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 69-10 - West Virginia Clearance for Access: Registry and Employment Screening › Section 69-10-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Definitions incorporated by reference.
				-- Those terms defined in W. Va. Code §§
									16-49-1,
et seq
., are incorporated herein by reference.
2.2. Conviction -- means a finding of guilt
				by a court, a plea of guilty, or nolo contendere was accepted, or when the
				individual entered a first offender, deferred adjudication, or arrangement or
				program where the judgment of conviction is withheld, regardless of whether an
				appeal is pending.
2.3. Covered
				Provider -- means the following facilities or providers that are required to
				participate in the WV CARES program: skilled nursing facilities; nursing
				facilities; home health agencies; providers of hospice care; long-term care
				hospitals; providers of personal care services; providers of adult day care;
				residential care providers that arrange for or directly provide long-term care
				services including assisted living facilities; intermediate care facilities for
				individuals with intellectual disabilities; persons responsible for the care of
				children as described in W. Va. Code §
									49-2-114;
				chronic pain management clinics; behavioral health centers; neonatal abstinence
				syndrome centers; opioid treatment centers; and any other facility or provider
				required to participate in the WV CARES program as determined by the secretary
				in legislative rule.
2.4. Direct
				On-site Supervision -- means uninterrupted observation of a provisional
				employee by another employee who has cleared all the required background
				checks. Provisional employees cannot have direct access without being
				supervised or observed as required by the provisions of this rule.
2.5. Disqualifying Offense -- means a
				conviction or substantiated finding for any of the crimes that exclude an
				applicant from direct access personnel positions in the Department or covered
				provider, including the conviction of attempt, solicitation, conspiracy,
				aiding, or abetting the underlying crime. Disqualifying convictions include
				those crimes enumerated in federal or any state's code and recognized by the
				West Virginia State Police, and that generally fall within the following
				categories:
2.5.1. State or federal health
				and social services program-related crimes;
2.5.2. Patient abuse or neglect;
2.5.3. Health care fraud;
2.5.4. Felony drug crimes;
2.5.5. Crimes against care-dependent or
				vulnerable individuals;
2.5.6.
				Felony crimes against the person;
2.5.7. Felony crimes against property;
2.5.8. Sexual offenses;
2.5.9. Felony crimes against chastity,
				morality and decency;
2.5.10.
				Felony crimes against public justice;
2.5.11. Felony traffic offenses;
				and
2.5.12. Felony crimes against
				the peace.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-10 - West Virginia Clearance for Access: Registry and Employment Screening › Section 69-10-3 - Prescreening

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A covered provider or covered contractor
				shall prescreen all direct access personnel applicants considered for hire for
				negative findings by way of an internet search of registries and licensure
				databases through the WV CARES website. The Department shall prescreen all
				applicants considered for hire for negative findings by way of an internet
				search of registries and licensure databases through the WV CARES website. The
				Secretary will charge a $20 fee for its use.
3.2. A covered provider shall ensure that all
				covered contractors who provide direct access personnel prescreen their
				applicants considered for hire for negative findings by way of an internet
				search of registries and licensure databases through the WV CARES website.
3.3. The Department shall ensure
				that all covered contractors who provide direct access personnel prescreen
				their applicants considered for hire for negative findings by way of an
				internet search of registries and licensure databases through the WV CARES
				website.
3.4. If the applicant has
				a negative finding on any required registry or licensure database, the
				Department, covered provider, or covered contractor shall notify the applicant,
				in writing, by regular U.S. mail, of such finding and shall not employ that
				applicant.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-10 - West Virginia Clearance for Access: Registry and Employment Screening › Section 69-10-4 - Fingerprinting

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. If the applicant does not have a
				negative finding in the prescreening process, and the Department, covered
				provider, or covered contractor, if applicable, is considering the applicant
				for employment, the applicant shall submit to fingerprinting for a state and
				federal criminal history record information check, and may be employed as a
				provisional employee subject to the provisions of this rule.
4.2. Applicants considered for hire shall be
				notified by the hiring entity that their fingerprints will be retained by the
				State Police Criminal Identification Bureau and the Federal Bureau of
				Investigation to allow for updates of criminal record information according to
				applicable standards, rules, regulations or laws. The Secretary will notify
				employers in writing by regular U.S. mail of subsequent criminal events
				discovered through rap back, but the affected employee's employment status
				during the time period between an arrest and either a conviction or a dismissal
				is a matter of Department or company policy.
4.3. An applicant who has gone through the
				criminal background check process described by the provisions of this rule, but
				has not been employed by the Department or covered provider for five years,
				must submit new fingerprints and obtain a new employment fitness determination
				from the Secretary.
4.4. After an
				applicant's fingerprints have been compared with the state and federal criminal
				history information, the State Police shall notify the Secretary of the results
				for the purposes of making an employment fitness determination.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-10 - West Virginia Clearance for Access: Registry and Employment Screening › Section 69-10-5 - Employment Fitness Determination

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. If the Secretary's review of the
				criminal history record information provided by the State Police reveals the
				applicant does not have a disqualifying offense, the applicant may be employed.
5.2. If the Secretary's review of
				the criminal history record information reveals a conviction of a disqualifying
				offense, the applicant may not be employed, unless a variance has been
				requested or granted.
5.3. If the
				Secretary's review of an applicant's criminal history record information
				reveals a pending charge that has not received a final disposition, the
				following shall apply:
5.3.1. If the pending
				charge is a disqualifying misdemeanor offense, and the applicant has not has a
				conviction for a disqualifying offense in the last seven year, the Secretary
				will provide written notice to the bureau, covered provider, or covered
				contractor advising that the applicant is eligible for work.
5.3.2. If the pending charge is a
				disqualifying felony offense, the Secretary will provide written notice to the
				bureau, covered provider, or covered contractor advising that the applicant is
				ineligible for work, unless a variance has been requested or granted.
5.3.3. Once a final disposition
				has been made on the pending charge, the Secretary will review the criminal
				history record information de novo in accordance with the provisions of this
				rule and W. Va. Code §§
										16-49-1,
et seq
.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-10 - West Virginia Clearance for Access: Registry and Employment Screening › Section 69-10-6 - Provisional Employees

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Provisional basis employment for no more than 60 days may occur when:
6.1.1. An applicant does not have a negative
				finding on a required registry or licensure database, and the employment
				fitness determination is pending the criminal history record information; or
6.1.2. An applicant has requested
				a variance of the employment fitness determination and that decision is
				pending.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-10 - West Virginia Clearance for Access: Registry and Employment Screening › Section 69-10-7 - Variance

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The applicant, or the Department,
				covered provider, or covered contractor, if applicable, on the applicant's
				behalf, may file a written request for a variance of the fitness determination
				with the Secretary.
7.2. The
				Secretary may grant a variance if mitigating circumstances surrounding the
				negative finding or disqualifying offense is provided, and the Secretary finds
				that the individual will not pose a danger or threat to residents or their
				property, or both.
7.3. Mitigating
				circumstances may include:
7.3.1. The passage
				of time. The length of time an applicant is barred from employment in direct
				access care starts from the date of conviction or the date of release from the
				penalty imposed, whichever is later.
7.3.2. Extenuating circumstances such as the
				applicant's age at the time of conviction, substance abuse, or mental health
				issues.
7.3.3. A demonstration of
				rehabilitation such as character references, employment history, education, and
				training.
7.3.4. The relevancy of
				the particular disqualifying information with respect to the type of employment
				sought.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-10 - West Virginia Clearance for Access: Registry and Employment Screening › Section 69-10-8 - Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. If the applicant believes that his or
				her criminal history record information within the state of West Virginia is
				incorrect or incomplete, he or she may challenge the accuracy of such
				information by writing to the State Police for a personal review.
8.2. If the applicant believes that his or
				her criminal history record information from outside the state of West Virginia
				is incorrect or incomplete, he or she may appeal the accuracy of such
				information by contacting the Federal Bureau of Investigation for instructions.
8.3. If the purported
				discrepancies are at the charge or final disposition level, the applicant must
				address this with the court or arresting agency that submitted the record to
				the State Police.
8.4. The
				applicant shall not be employed during the appeal process.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-10 - West Virginia Clearance for Access: Registry and Employment Screening › Section 69-10-9 - Responsibility of the Covered Provider or Covered Contractor

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Record Retention. A bureau or covered
				provider shall maintain the following documents related to the background
				checks for all direct personnel for the duration of their employment,
				including:
9.1.1. Documents establishing that
				an applicant has no negative findings on registries and licensure databases.
9.1.2. The secretary's eligible
				employment fitness determination;
9.1.3. Any variance granted by the secretary,
				if applicable; and
9.1.4. For
				provisional employees, the Department or covered provider shall maintain
				documentation that establishes that the individual meets the qualifications for
				provisional employment.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-10 - West Virginia Clearance for Access: Registry and Employment Screening › Section 69-10-10 - Change in Employment

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. If
				an individual applies for employment at the Department or a subsequent covered
				provider or covered contractor, the applicant is not required to submit to
				fingerprinting and a criminal background check if:
10.1.1. The individual previously submitted
				to fingerprinting and a full criminal background check as required by this
				rule;
10.1.2. The prior criminal
				background check confirmed that the individual did not have a disqualifying
				offense;
10.1.3. The individual
				received prior approval from the Secretary to work for or with the Department,
				covered provider, or independent health contractor, if applicable; and
10.1.4. No new criminal activity
				that constitutes a disqualifying offense has been reported.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-10 - West Virginia Clearance for Access: Registry and Employment Screening › Section 69-10-11 - Confidentiality and Immunity

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				The Secretary will treat and maintain any criminal background search
				information obtained under this article as confidential. The Secretary will
				limit the use of records solely to the purposes authorized by W. Va. Code
				§§
									16-49-1,
et seq
. The criminal history record information in the custody
				of the Secretary is not subject to subpoena, other than one issued in a
				criminal action or investigation; is confidential by law and privileged; and is
				not subject to discovery or admissible in evidence in any private civil action.
11.2. The Secretary, the
				Department, and its employees are immune from liability, civil or criminal,
				that might otherwise be incurred or imposed for good faith conduct in
				determining eligibility or granting variances permitted by 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 69-11 - Medication-Assisted Treatment - Opioid Treatment Programs › Section 69-11-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes standards and procedures for the licensure of
				opioid treatment programs (OTP) - medication-assisted treatment (MAT)
				programs.
1.2. Authority. -- W. Va.
				Code §
									16-5Y-13.
1.3. Filing Date. -April 1, 2022.
1.4. Effective Date. -April 1,
				2022.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August 1,
				2027.
1.6. Purpose. -- The purpose
				of this rule is to ensure that all West Virginia OTP-MAT programs conform to a
				common set of minimum standards and procedures to ensure the care, treatment,
				health, safety, and welfare of patients therein.
1.7. Enforcement. -- This rule is enforced by
				the Secretary of the Department of Health and Human Resources or his or her
				designee.
1.8. 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 C.F.R. § 8, Subpart B are hereby adopted in their
				entirety by reference.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-11 - Medication-Assisted Treatment - Opioid Treatment Programs › Section 69-11-3 - State Opioid Treatment Authority

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Secretary has designated the Bureau
				of Behavioral Health and Health Facilities as the state opioid treatment
				authority.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-11 - Medication-Assisted Treatment - Opioid Treatment Programs › Section 69-11-4 - State Oversight Authority; Powers and Duties

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Secretary has designated the Office
				of Health Facility Licensure and Certification (OHFLAC) within the Department
				of Health and Human Resources to act as the state oversight agency, as that
				agency is defined in this rule. OHFLAC shall provide regulatory oversight,
				licensing and inspection of MAT programs.
4.2. The powers and duties of the state
				oversight agency include, but are not limited to, the following:
4.2.a. Develop and implement rules and
				standards regarding the licensure and oversight of MAT programs;
4.2.b. Accept applications and fees for
				licensure of MAT programs and conduct all necessary reviews, inspections or
				investigations in order to determine whether a license should be
				issued;
4.2.c. Issue initial,
				amended and renewed licenses to a MAT program upon a determination that the
				program is qualified;
4.2.d.
				Perform both scheduled and unscheduled site visits to MAT programs when
				necessary and appropriate;
4.2.e.
				Monitor the activities of all MAT programs to ensure compliance with all state
				and federal requirements;
4.2.f.
				Receive and act upon complaints;
4.2.g. Inspect allegations of rule or
				regulation violations, unauthorized activities or other conduct that may affect
				the health, safety or well-being of patients or employees of a MAT
				program;
4.2.h. Assist a MAT
				program in developing a plan of correction in order to correct any noted
				violations or deficiencies;
4.2.i.
				Deny, revoke or suspend the license of a MAT program in accordance with the
				applicable administrative proceedings; and
4.2.j. Perform all other necessary actions
				related to the licensing, monitoring, investigating and oversight of MAT
				programs.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-11 - Medication-Assisted Treatment - Opioid Treatment Programs › Section 69-11-5 - Certification; Approval and Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Hospitals that are licensed under
				"Hospital Licensure," 64 C.S.R. 12, and behavioral health facilities that are
				licensed under "Behavioral Health Centers Licensure," 64 C.S.R. 11, and which
				provide outpatient medication-assisted treatment as defined in W. Va. Code
				§
									16-5Y-2
				are subject to the provisions of this rule and to all other relevant federal
				and state licensing requirements as specified by the Secretary.
5.2. A MAT 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.
5.3. Crisis Stabilization
				Units (CSU) are not required to obtain a state license if the following
				conditions are met:
5.3.a. Treatment at the
				CSU is for no more than 14 days; and
5.3.b. The CSU must document the referral of
				the patient to an appropriate MAT program upon discharge from the
				CSU.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-11 - Medication-Assisted Treatment - Opioid Treatment Programs › Section 69-11-7 - Annual Inspections

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. 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.
7.2. 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 opioid treatment authority when they become available.
7.3. 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:
7.3.a. Observation of service
				delivery;
7.3.b. Review of life
				safety and environmental conditions;
7.3.c. Review of clinical and administrative
				records;
7.3.d. Interviews with
				staff, administrators and consenting patients; and
7.3.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 69-11 - Medication-Assisted Treatment - Opioid Treatment Programs › Section 69-11-8 - Administrative Organization, Management and Staffing

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. All employees and volunteers of an
				opioid treatment program shall be subject to the provisions of the West
				Virginia Clearance for Access: Registry and Employment Screening Act, W. Va.
				Code §§
									16-49-1,
et seq.
and 69 CSR 10.
8.2. Each opioid treatment program shall
				identify a program administrator, medical director(s), program physician(s),
				counseling staff, a program sponsor, a governing body, an advisory council, and
				a peer review committee.
8.3.
				Program Administrator.
8.3.a. The
				administrator of the opioid treatment program shall have at a minimum a
				bachelor's degree in an appropriate area of study and a minimum of four years
				of experience in the fields of substance use disorders, behavioral health or
				health care administration; or a master's degree in an appropriate professional
				area of study and a minimum of two years of experience in the fields of
				substance use disorders, behavioral health or health care administration; or
				eight years of experience in the fields of substance use disorders, behavioral
				health or health care administration; or be a program physician.
8.3.b. The administrator is responsible for
				the day-to-day operation of the opioid treatment program in a manner consistent
				with the laws and regulations of the United States Department of Health and
				Human Services, Drug Enforcement Administration (DEA), and the laws and rules
				of the State of West Virginia.
8.3.c. Duties of the administrator include:
8.3.c.1. Contributing to development of
				policies and procedures for operation of the program;
8.3.c.2. Maintenance and security of the
				facility;
8.3.c.3. Employment,
				credentialing, evaluation, scheduling, training and management of
				staff;
8.3.c.4. Protection of
				patient rights;
8.3.c.5. Conformity
				of the program with federal confidentiality regulations, namely, 42 C.F.R. Part
				2;
8.3.c.6. Security of medication
				storage and safe handling of medications;
8.3.c.7. Management of the facility
				budget;
8.3.c.8. Implementation of
				program policies and procedures and governing body policy; and
8.3.c.9. Communication with the medical
				director and governing body.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-11 - Medication-Assisted Treatment - Opioid Treatment Programs › Section 69-11-9 - Environment and Operations

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				Service Operation Schedule.
9.1.a. 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.
9.1.b.
				Opioid treatment programs may close on Sundays if the following criteria are
				met:
9.1.b.1. The program develops and
				implements policies and procedures that address recently inducted patients
				receiving services, patients not currently on a stable dose of medication,
				patients that present as non-compliant with program policies and procedures and
				their individualized treatment plan of care, and individuals who previously
				picked up take-home medications on Sundays, security of take-home medication
				doses, and health and safety of individuals receiving services;
9.1.b.2. The program receives prior approval
				from the state opioid treatment authority for Sunday closings;
9.1.b.3. Once approved, the program shall
				notify individuals receiving services in writing at least 30 days in advance of
				their intent to close on Sunday. The notice shall address the risks to the
				patients the security of take-home medications. All individuals shall receive
				an orientation addressing take-home policies and procedures, and this
				orientation shall be documented in the individual's record prior to receiving
				take-home medications; and
9.1.b.4.
				The program shall establish procedures for emergency access to dosing
				information 24 hours a day, seven days-per-week, this information may be
				provided via an answering service or other electronic measures. Information
				needed includes the patient's last dosing time and date, and dose.
9.1.c. Medication dispensing hours
				shall include at least two hours each day of operation outside normal working
				hours, i.e., 9:00 a.m. and after 5:00 p.m. The state opioid treatment authority
				may approve an alternate schedule if that schedule meets the needs of the
				population served by the program.