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 69-12 - Medication-Assisted Treatment - Office-Based Medication-Assisted Treatment › Section 69-12-14 - Staff Training and Credentialing

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Each OBMAT program shall ensure that
				all physicians, physician assistants, advanced practice registered nurses,
				registered nurses, licensed practical nurses, counselors, psychologists,
				marriage, and family therapists, social workers, and other licensed or
				certified professional care providers comply with the credentialing
				requirements of their respective professions, obtain and maintain a current
				license, and complete all continuing education requirements of the licensing
				board, W. Va. Code §16-5Y-5(d) and
				this rule.
14.2. Clinical staff of
				an OBMAT program may include employees, independent contractors, or both. The
				OBMAT program shall be responsible for ensuring that staff and contractors
				comply with all provisions of this rule. All clinical staff members and
				volunteers shall complete initial and continuing education and training that is
				specific to their job function, their interactions with patients, the
				pharmacotherapies to be used at the program, and the patient populations to be
				served.
14.3. Each OBMAT program
				shall maintain confidential individual personnel files for every clinical staff
				member or volunteer, that shall contain, at a minimum:
14.3.1. The application for employment,
				contract, or request to work as a volunteer;
14.3.2. Documentation of the date of
				employment;
14.3.3. Identifying
				information and emergency contacts;
14.3.4. Documentation of completion of
				program orientation, internal training, and a copy of the practitioner's active
				license;
14.3.5. Documentation of
				all licenses, certifications, or other credentials;
14.3.6. Documentation relating to performance
				evaluation, supervision of job performance, disciplinary actions, and
				termination summaries; and
14.3.7.
				Detailed job descriptions.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-12 - Medication-Assisted Treatment - Office-Based Medication-Assisted Treatment › Section 69-12-15 - Medication Security, Storage, Administration, and Documentation

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Medication
				Security. Each OBMAT program that chooses to obtain, and store medication shall
				develop and implement policies and procedures that comply with all relevant
				federal and state laws, rules, and regulations regarding the storage,
				administration, documentation, and management of medications kept at the
				facility, if applicable, including measures that:
15.1.1. Ensure responsible handling and
				secure storage of all medications kept at the program;
15.1.2. Ensure responsible documentation of
				all medications received, stored, administered, and dispensed at the program;
				and
15.1.3. 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 69-12 - Medication-Assisted Treatment - Office-Based Medication-Assisted Treatment › Section 69-12-16 - Diversion Control Plan

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1.
				Each OBMAT shall have a plan to manage medication diversion as a result of its
				policy and procedures.
16.1.1. The diversion
				control plan shall be reviewed and approved by the medical director and program
				physicians at OBMAT programs at a minimum of every two years.
16.1.2. The diversion control plan shall
				minimize the diversion of medication-assisted treatment medications to illicit
				use. The plan shall include:
16.1.2.a.
				Continuous clinical and administrative monitoring of the potential for an
				actual diversion including an investigation, tracking, and monitoring system of
				incidents of diversion; and
16.1.2.b. Proactive planning and procedures
				for problem identification, correction, and prevention.
16.1.3. The diversion control plan shall
				contain, at a minimum, a random call-back program with mandatory compliance,
				which shall be in addition to the regular schedule of program visits.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-12 - Medication-Assisted Treatment - Office-Based Medication-Assisted Treatment › Section 69-12-17 - Patient Rights

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Each
				OBMAT program shall develop and implement policies and procedures which
				guarantee the following rights to patients:
17.1.1. To be informed, both verbally and in
				writing, of program rules and regulations and patients' rights and
				responsibilities;
17.1.2. To
				receive treatment provided in a fair and impartial manner free from unlawful
				discriminatory practices pursuant to W. Va. Code §5-11-9, including the right of a
				patient to choose a counselor who accepts the patient's insurance;
17.1.3. To receive an individualized plan of
				care or treatment strategy. The individualized plan of care or treatment
				strategy shall be maintained in the patient's chart;
17.1.4. To receive medications required by
				the individualized plan of care or treatment strategy on a schedule developed
				in accordance with applicable federal requirements and approved guidelines and
				protocols that is the most accommodating and least intrusive and disruptive
				method of treatment for most patients;
17.1.5. To be informed that random drug
				testing of all patients shall be conducted during the course of treatment as
				required in this rule, and that any refusal to participate in a random drug
				test shall be considered a positive test. The patient shall be informed of the
				consequences of having a positive drug screen result;
17.1.6. To be informed about potential
				interactions with and adverse reactions to other substances, including alcohol,
				other prescribed medications, over-the-counter pharmacological agents, other
				medical procedures, and food;
17.1.7. To be informed about the financial
				aspects of treatment, including the consequences of nonpayment of required
				fees;
17.1.8. To ensure
				confidentiality in accordance with federal regulations, 42 C.F.R. Part 2, and
				the Health Insurance Portability and Accountability Act of 1996, as
				amended;
17.1.9. To be informed of
				the extent of confidentiality, including the conditions under which information
				can be released without consent, the use of identifying information for the
				purpose of program evaluation, billing, and statutory requirements for
				reporting abuse;
17.1.10. To give
				informed consent prior to being involved in research projects and the right to
				retain a copy of the informed consent form;
17.1.11. To receive full disclosure of
				information about treatment and medication, including accommodation for those
				who do not speak English, or who are otherwise unable to read an informed
				consent form; and
17.1.12. Inform
				each patient about all treatment procedures, services, and other policies and
				procedures throughout the course of treatment.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-12 - Medication-Assisted Treatment - Office-Based Medication-Assisted Treatment › Section 69-12-18 - Patient Records

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. Each
				OBMAT program shall establish and maintain a recordkeeping system that is
				adequate to document and monitor patient care. The system shall comply with all
				federal and state reporting requirements relevant to medications approved for
				use in treatment of substance use disorder.
18.2. All patient records shall be maintained
				for a minimum of five years from the time that the documented treatment is
				provided. In the event a patient is a juvenile, the records shall be kept for a
				minimum of five years from the time the patient reaches the age of
				18.
18.3. All patient records shall
				be kept confidential in accordance with all applicable federal and state
				requirements.
18.4. OBMAT program
				policies and procedures should ensure security of all records including
				electronic records, if any.
18.5.
				Individual patient records may include, but are not limited to:
18.5.1. Identifying and basic demographic
				data and the results of the screening process;
18.5.2. Documentation of program compliance
				with the program's policy regarding prevention of multiple admissions to any
				medication-assisted treatment programs;
18.5.3. All physical and biopsychosocial
				assessments during the course of treatment;
18.5.4. Medical reports including results of
				the physical assessment; family medical history; review of systems; laboratory
				reports, including results of required toxicology screens; results obtained
				from the Controlled Substances Monitoring Program (CSMP) database; and progress
				notes, including documentation of current dose and other dosage data;
18.5.5. Dated case entries of all significant
				contacts with patients;
18.5.6. The
				individualized plans of care or treatment strategies, and any amendments,
				reviews, or changes to the plans;
18.5.7. Coordination of care agreements
				signed by the patient, program physician and primary counselor;
18.5.8. Documentation from the Controlled
				Substance Monitoring Program or an out-of-state equivalent that the OBMAT
				program made a good faith effort to review whether the patient is enrolled in
				any other OBMAT program;
18.5.9. A
				record of correspondence with the patient, family members, and other
				individuals and a record of each referral for services and its
				results;
18.5.10. A record of
				correspondence with other health care providers of the patient;
18.5.11. Consent forms, releases of
				information, prescription documentation, travel, and employment; and
18.5.12. A closing summary, including reasons
				for discharge and any referral. In the case of death, the cause of death, if
				known, shall be documented.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-12 - Medication-Assisted Treatment - Office-Based Medication-Assisted Treatment › Section 69-12-19 - Admission Criteria and Admission Process

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. Each OBMAT program shall develop,
				implement, and maintain policies and procedures designed to ensure that
				patients are admitted to maintenance treatment only after a determination has
				been made that the person meets the qualifications for admission.
19.2. Any patient seeking admittance to the
				OBMAT program shall undergo an initial medical assessment to determine whether
				the person meets the criteria for admission. The determination of admission
				eligibility shall be made using accepted medical and biopsychosocial
				criteria.
19.3. The patient
				desiring admission for treatment through the use of a medication-assisted
				treatment medication must be at least 16 years of age. For those patients who
				are unemancipated minors, consent for treatment is required from a parent or
				guardian.
19.4 Admission to the
				OBMAT program may be allowed to the following groups with a high risk of
				relapse without the necessity of a positive drug test or the presence of
				objective symptoms:
19.4.1. The patient is a
				pregnant woman with a history of substance use disorder;
19.4.2. The patient is a prisoner or has been
				released from a correctional facility within six months;
19.4.3. The patient is a former program
				patient who successfully completed treatment but believes that he or she is at
				risk of imminent relapse;
19.4.4.
				The patient is an HIV patient with a history of intravenous drug use;
				or
19.4.5. The patient has been
				deemed as high risk by the medical director or treating physician.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-12 - Medication-Assisted Treatment - Office-Based Medication-Assisted Treatment › Section 69-12-20 - Multiple Program Enrollments

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. A
				patient enrolled in an OBMAT program shall not be permitted to obtain treatment
				in any other OBMAT program except in exceptional circumstances.
20.1.1. If the medical director or program
				physician of the OBMAT program in which the patient is enrolled determines that
				an exceptional circumstance exists, the patient may be granted permission to
				seek treatment at another OBMAT program.
20.1.2. The justification for finding
				exceptional circumstances shall be noted in the patient's individualized plan
				of care or treatment strategy and medical chart both at the OBMAT program in
				which the patient is enrolled and at the OBMAT program that provides the
				additional treatment.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-12 - Medication-Assisted Treatment - Office-Based Medication-Assisted Treatment › Section 69-12-21 - Controlled Substances Monitoring Program Database

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. Each OBMAT program shall comply with
				policies and procedures developed by the designated state oversight agency and
				the West Virginia Board of Pharmacy to allow physicians treating patients
				through an OBMAT program access to the Controlled Substances Monitoring Program
				database maintained by the West Virginia Board of Pharmacy.
21.2. Program practitioners shall access the
				database in accordance with the requirements of W. Va. Code §16-5Y-5(j).
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-12 - Medication-Assisted Treatment - Office-Based Medication-Assisted Treatment › Section 69-12-22 - Required Services

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1. Each
				OBMAT program shall provide or make referral to medical, counseling, recovery,
				and other assessment and treatment services as necessary.
22.2. Each OBMAT program shall require every
				patient to undergo a documented biopsychosocial assessment by a program
				counselor or other qualified practitioner.
22.3. The OBMAT program shall complete a
				post-admission assessment, an initial individualized or plan of care or
				treatment strategy and, if applicable, a coordination of care
				agreement.
22.4. Random drug
				testing of all patients shall be conducted during the course of treatment as
				required in this rule. Each OBMAT program must provide adequate testing or
				analysis for drugs of abuse in accordance with generally accepted clinical
				practice.
22.5. Each OBMAT program
				must provide adequate substance use disorder counseling, either on-site or by
				referral, to each patient as clinically necessary and at the minimum levels as
				required by this rule.
22.6. Each
				OBMAT program shall maintain current policies and procedures that reflect the
				special needs of patients who are pregnant. Prenatal care and other
				gender-specific services of pregnant patients must be provided either by the
				OBMAT program or by referral to appropriate health care providers. Services
				rendered to pregnant patients shall comply with the requirements of this
				rule.
22.7. Each OBMAT program
				shall provide or make referrals for counseling on preventing exposure to, and
				the transmission of, HIV and hepatitis C for each patient admitted or
				re-admitted to maintenance or detoxification treatment. Services rendered to
				patients with HIV and hepatitis C disease shall comply with the requirements of
				this rule.
22.8. Each OBMAT program
				that provides required services by referral or other agreement at offsite
				facilities or providers shall:
22.8.1.
				Establish a strong working relationship with several treatment providers
				offering different levels of treatment;
22.8.2. Be able to document a referral or
				other agreement with a local hospital, health care facility or other provider
				that provides offsite services for the OBMAT program;
22.8.3. Obtain a signed consent form from
				each patient to approve open communication with the offsite provider and the
				OBMAT program; and
22.8.4.
				Routinely provide and obtain updates from offsite providers to consistently
				monitor treatment attendance and progress.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-12 - Medication-Assisted Treatment - Office-Based Medication-Assisted Treatment › Section 69-12-23 - Counseling

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1. Each OBMAT
				program shall provide substance use disorder counseling, by a counselor of the
				patient's choice, to every patient as is clinically appropriate. Counseling
				sessions should encourage and guide the patient to a lifestyle that does not
				include abuse or misuse of prescribed and illicit medications, drugs, or other
				substances. Counseling sessions are essential to promote and guide the patient
				to a more productive lifestyle of abstinence from illicit medications or
				drugs.
23.2. The counseling shall
				be provided by a professional as described in this rule, qualified by education
				or training to assess the biopsychosocial background of patients, to contribute
				to the appropriate individualized treatment plant for the patient, and to
				monitor patient progress. The primary counselor shall develop and implement the
				biopsychosocial portions of the patient's individualized plan of care or
				treatment strategy, in coordination with the medical staff and program
				physician.
23.3. Counseling
				sessions, which may be conducted via telehealth, shall be provided according to
				generally accepted best practices and shall be offered:
23.3.1. At least weekly during the first 90
				days of treatment;
23.3.2. At least
				twice per month during the remainder of the first year of treatment;
				and
23.3.3. Thereafter, counseling
				sessions shall take place as indicated in the patient's individualized plan of
				care or treatment strategy.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-12 - Medication-Assisted Treatment - Office-Based Medication-Assisted Treatment › Section 69-12-24 - Post-Admission Assessment

Current through Register Vol. XLI, No. 28, July 12, 2024
24.1. Each
				OBMAT program shall develop, implement, and maintain current policies and
				procedures, patient protocols, treatment plans, or treatment strategies, and
				profiles for the treatment of patients seeking treatment for
				medication-assisted treatment.
24.2. The program physician or physician
				extender shall conduct an assessment meeting the following requirements.
24.2.1. The assessment may include, but not
				limited to, an appropriate history and physical, mental status exam, substance
				use history, appropriate lab tests, pregnancy test for women of childbearing
				years, toxicology tests for drugs and alcohol, hepatitis B and hepatitis C
				screens, an inquiry to and report from the Controlled Substances Monitoring
				Program database, an inquiry whether the patient is being treated at any other
				opioid treatment OBMAT program, the diagnosis of all conditions, including a
				diagnosis of substance use disorder, including signs and symptoms, the dates,
				amounts, and dosage forms for any drugs prescribed, dispensed, and
				administered, and any other tests as necessary or appropriate in the treatment
				provider's discretion; and
24.2.2.
				For other than the toxicology tests for drugs and alcohol, appropriate history,
				substance abuse history, hepatitis B and hepatitis C screens, and the pregnancy
				test, the physician may satisfy the assessment requirements by reviewing
				records from a physical examination of the patient that was conducted by a
				physician within a reasonable period of time prior to the visit not to exceed
				30 days and a copy of the report by the referring physician and any medical
				records from other providers, if applicable.
24.2.3. The post-admission assessment may
				include laboratory tests conducted by the OBMAT program or by other reliable
				sources.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-12 - Medication-Assisted Treatment - Office-Based Medication-Assisted Treatment › Section 69-12-26 - Administrative Withdrawal

Current through Register Vol. XLI, No. 28, July 12, 2024
26.1.
				Administrative withdrawal is an involuntary withdrawal or administrative
				discharge from pharmacotherapy. Administrative withdrawal should be used as a
				last resort after the OBMAT program exhausts all efforts to address the
				patient's behavior or actions that would warrant administrative withdrawal. The
				schedule of withdrawal may be brief, less than 30 days, if necessary.
26.2. OBMAT programs shall develop and
				implement policies and procedures for the involuntary termination from
				treatment that includes and describes the rights of the patient and the
				responsibilities and rights of the program.
26.3. Administrative withdrawal may result
				from any of the following:
26.3.1. Non-payment
				of fees. The OBMAT program shall make every effort to consider all clinical
				data, including patient participation and compliance with treatment prior to
				initiating administrative withdrawal for non-payment. If the patient has a
				history of compliance and cooperation with treatment, the program shall
				document every effort to explore alternatives to administrative, withdrawal
				with the patient prior to onset of withdrawal. If necessary and unavoidable,
				the schedule of withdrawal shall follow protocols and guidelines of approved
				authorities.
26.3.2. Disruptive or
				adverse effect conduct. Disruptive conduct or behavior considered to have an
				adverse effect on the program, clinical staff, or patient population of such
				gravity as to justify the involuntary withdrawal and discharge of a patient.
				Such behaviors may include violence, threat of violence, dealing drugs,
				diversion of pharmacological agents, violation of peer confidentiality,
				repeated loitering, and failure to follow treatment plan objectives or
				noncompliance with program rules, policies and procedures resulting in an
				observable, negative impact on the program, staff, and other
				patients.
26.3.3. Incarceration or
				other confinement. The OBMAT program may work with law enforcement and
				corrections personnel in order to avoid mandatory withdrawal whenever
				possible.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-12 - Medication-Assisted Treatment - Office-Based Medication-Assisted Treatment › Section 69-12-27 - Medical Withdrawal

Current through Register Vol. XLI, No. 28, July 12, 2024
27.1.
				Medical withdrawal occurs as a voluntary and therapeutic withdrawal in
				accordance with approved national guidelines. In some cases, the withdrawal may
				be against the advice of clinical staff or against medical advice.
27.2. The OBMAT program shall supply a
				schedule of dose reduction well tolerated by the patient.
27.3. The program shall offer supportive
				treatment, including increased counseling sessions and referral to a self-help
				group or other counseling provider as appropriate.
27.4. The OBMAT program shall develop and
				implement policies and procedures for the continuing care of each patient
				following the last prescription given and for re-entry to maintenance treatment
				if relapse occurs or if the patient should reconsider withdrawal.
27.5. Female patients shall have a negative
				pregnancy screen prior to the onset of medically-supervised withdrawal. Refer
				to section 29.5. of this rule for medical withdrawal for female patients with a
				positive pregnancy screen.
27.6.
				The program shall have in place a detailed relapse prevention plan developed by
				the primary counselor in accordance with the approved national guidelines and
				in conjunction with the patient. The prevention plan shall be given to the
				patient in writing prior to the administration of the final dose of
				medication.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-12 - Medication-Assisted Treatment - Office-Based Medication-Assisted Treatment › Section 69-12-29 - Special Populations

Current through Register Vol. XLI, No. 28, July 12, 2024
29.1.
				Concurrent Alcohol and Polysubstance Abuse.
29.1.1. Each OBMAT program shall address,
				where appropriate, misuse of alcohol and other non-opioid substances within the
				context of the medication-assisted therapy effort.
29.1.2. The OBMAT program shall ensure that
				its staff is fully trained and knowledgeable regarding current effective
				strategies for treating alcohol, illicit drug use, and other drug
				misuse.
29.1.3. Ongoing
				polysubstance use is not a reason for discharge unless the patient refuses
				recommended treatment. The interdisciplinary team shall consider the patient's
				condition and address the situation from a clinical perspective and in
				accordance with guidelines and protocols from approved authorities.
29.1.4. Each OBMAT program shall have a
				policy regarding treatment of comorbid disorders such as psychiatric and
				medical disorders. The goal of the treatment shall be to provide treatment for
				these disorders in as seamless a fashion as possible, maximizing patient
				convenience and compliance with appointments and recommendations.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-12 - Medication-Assisted Treatment - Office-Based Medication-Assisted Treatment › Section 69-12-30 - Registration Denials, Revocations, and Suspensions

Current through Register Vol. XLI, No. 28, July 12, 2024
30.1. Grounds for Denial, Revocation or
				Suspension.
30.1.1. The Secretary may deny,
				revoke, or suspend a registration issued pursuant to this rule if any
				provisions of federal or state law or this rule are violated. The Secretary may
				revoke a registration and prohibit all program physicians associated with that
				OBMAT program from practicing at the program location based upon the findings
				and results of an annual, periodic, complaint, or other inspection and
				evaluation. The period of suspension for the registration of an OBMAT program
				shall be prescribed by the Secretary but may not exceed one year.
30.1.2. The Secretary may deny, revoke, or
				suspend an OBMAT program registration for one or more of the following reasons:
30.1.2.a. The Secretary makes a determination
				that fraud or other illegal action has been committed by any owner of the OBMAT
				program.
30.1.2.b. The OBMAT
				program has violated federal, state, or local law relating to registration,
				building, health, fire protection, safety, sanitation, or zoning;
30.1.2.c. The OBMAT program engages in
				practices that jeopardize the health, safety, welfare, or clinical treatment of
				a patient;
30.1.2.d. The OBMAT
				program has failed or refused to submit reports or makes records available as
				requested by the Secretary;
30.1.2.e. An OBMAT program has refused to
				provide access to its location or records as requested by the
				Secretary;
30.1.2.f. An OBMAT
				program's medical director has knowingly and intentionally misrepresented
				actions taken to correct a violation;
30.1.2.g. An owner or medical director of an
				OBMAT program concurrently operates an unregistered OBMAT program;
30.1.2.h. A program physician or any owner
				knowingly operates, owns, or manages an unregistered OBMAT program that is
				required to be registered;
30.1.2.i. The owners of an OBMAT program fail
				to apply for a new registration for the program upon a change of ownership and
				operate the program under the new ownership;
30.1.2.j. A program physician or any owner
				acquires or attempts to acquire a registration for an OBMAT program through
				misrepresentation or fraud or procures or attempts to procure a registration
				for an OBMAT program for any other person by making or causing to be made any
				false representation; or
30.1.2.k.
				The OBMAT program fails to have a medical director practicing at the program
				location as required 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 69-12 - Medication-Assisted Treatment - Office-Based Medication-Assisted Treatment › Section 69-12-31 - Penalties and Equitable Relief

Current through Register Vol. XLI, No. 28, July 12, 2024
31.1. Grounds for Penalties and Injunctions.
31.1.1. Any person, partnership, association,
				or corporation which establishes, conducts, manages, or operates an OBMAT
				program without first obtaining a registration therefore or which violates any
				provisions of this law or rule shall be assessed a civil money penalty by the
				Secretary in accordance with this rule.
31.1.2. Each day of continuing violation
				after notification of the infraction shall be considered a separate
				violation.
31.1.3. If the OBMAT
				program fails to timely file reports required by section 13 of tis rule, the
				Secretary may impose a civil monetary penalty not to exceed $1,000 per
				day.
31.1.4. If the OBMAT program's
				owner or owners, medical director, and administrator knowingly and
				intentionally misrepresents actions taken to correct a violation, the Secretary
				may impose a civil money penalty not to exceed $10,000 and revoke or deny the
				OBMAT program's registration.
31.1.5. If an owner or owners or medical
				director of an OBMAT program concurrently operates an unregistered OBMAT
				program, the Secretary may impose a civil money penalty upon the owner or
				owners or medical director, or both, not to exceed $5,000 per day.
31.1.6. If the owner of an OBMAT program that
				requires a registration under this article fails to apply for a new
				registration for the program upon a change of ownership and operates the
				program under the new ownership, the Secretary may impose a civil money penalty
				not to exceed $5,000.
31.1.7. If a
				program physician knowingly operates, owns or manages an unregistered OBMAT
				program that is required to be registered pursuant to this article; knowingly
				prescribes or dispenses or causes to be prescribed or dispensed, controlled
				substances in an unregistered OBMAT program that is required to be registered;
				or obtains a registration to operate an OBMAT program through misrepresentation
				or fraud; procures or attempts to procure a registration for an OBMAT program
				for any other person by making or causing to be made any false representation,
				the Secretary may assess a civil money penalty of not more than $20,000. The
				penalty may be in addition to or in lieu of any other action that may be taken
				by the Secretary or any other board, court or entity.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-12 - Medication-Assisted Treatment - Office-Based Medication-Assisted Treatment › Section 69-12-32 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
32.1.
				Before any OBMAT program registration is denied, suspended, or revoked, written
				notice shall be given to the owner or owners of the program, stating the
				grounds of the denial, suspension, revocation, or penalty and the date set for
				any enforcement action.
32.1.1. The notice
				shall be sent by certified mail to the owner or owners at the address where the
				OBMAT program concerned is located.
32.1.2. Within 30 days of receipt of the
				notice, the owner or owners may submit a request for an administrative hearing
				or an informal meeting to address and resolve the findings.
32.1.3. The OBMAT program and its owner or
				owners shall be entitled to be represented by legal counsel at the informal
				meeting or at the hearing at their own expense.
32.1.4. All of the pertinent provisions of W.
				Va. Code §§29A-5-1,
et
				seq.
, and W. Va. Code R. §69-1-1,
et seq.
,
				shall apply to and govern any hearing authorized by this rule.
32.1.5. If an owner fails to request a
				hearing within the time frame specified, he or she shall be subject to the full
				penalty imposed.
32.1.6. The filing
				of a request for a hearing does not stay or supersede enforcement of the final
				decision or order of the Secretary. The Secretary may, upon good cause shown,
				stay such enforcement.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-12 - Medication-Assisted Treatment - Office-Based Medication-Assisted Treatment › Section 69-12-33 - Administrative Appeals and Judicial Review

Current through Register Vol. XLI, No. 28, July 12, 2024
33.1. Any owner of an OBMAT program who
				disagrees with the final administrative decision as a result of the hearing
				may, within 30 days after receiving notice of the decision, appeal the decision
				of the Circuit Court of Kanawha County or in the county where the petitioner
				resides or does business.
33.1.1. The filing
				of a petition for appeal does not stay or supersede enforcement of the final
				decision or order of the Secretary. An appellant may apply to the circuit court
				for a stay of or to supersede the final decision or order.
33.1.2. The Circuit Court may affirm, modify,
				or reverse the final administrative decision. The owner or owners, or the
				Secretary may appeal the court's decision to the Supreme Court of
				Appeals.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-13 - Development of Methodologies to Examine Needs for Substance Use Disorder Treatment Facilities within the State › Section 69-13-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule establishes
				procedures for the development of methodologies to examine, as systematically
				as possible, the relative needs for substance use disorder treatment facilities
				within the state.
1.2. Authority.
				-- W. Va. Code §
									16-53-3.
1.3.
				Filing Date. -- March 30, 2023.
1.4. Effective Date. -- March 31,
				2023.
1.5 Sunset Provision: -- This
				rule shall terminate and have no further force or effect on August 1,
				2028.
1.6. Purpose. -- The purpose
				of this rule series is to provide for the development of methodologies to
				examine, as systematically as possible, the relative needs for substance use
				disorder treatment facilities within the state, to make evidence-based and
				data-informed decisions on how those needs might be most effectively met within
				available resources.
1.7.
				Background. -- House Bill 2428, enacted during the 2017 Regular Legislative
				Session, mandates that the secretary ensure beds, for purposes of providing
				substance use disorder treatment services in existing or newly constructed
				facilities, are made available in locations throughout the state determined to
				be the highest priority for serving the needs of the citizens by the Bureau for
				Behavioral Health.
Additionally, the bill creates the Ryan Brown Addiction
				  Prevention and Recovery Fund to be administered by the secretary to implement
				  the provisions of the bill. The fund will consist of moneys made available for
				  the purposes of the bill from any source, including, but not limited to, all
				  grants, bequests or transfers from any source, any moneys that may be
				  appropriated and designated for those purposes by the Legislature and all
				  interest or other return earned from investment of the fund, gifts, and all
				  other sums available for deposit to the special revenue account from any
				  source, public or private.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-13 - Development of Methodologies to Examine Needs for Substance Use Disorder Treatment Facilities within the State › Section 69-13-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Act" means the provisions of
W.
				Va. Code
§
									16-53-1
et seq.
2.2. "Bureau" means the Bureau for Behavioral
				Health within the Department of Health and Human Resources.
2.3. "Department" means the West Virginia
				Department of Health and Human Resources.
2.4. "Needs Assessment" means a systematic,
				rational process for collecting and analyzing information to describe the needs
				of a population. The findings from the needs assessment will be utilized to
				inform the selection criteria and processes for awarding Ryan Brown Addiction
				Prevention and Recovery Fund grants.
2.5. "ODCP" means the Office of Drug Control
				Policy authorized by
W. Va. Code
§
									16-5T-2.
2.6. "Region" means one of seven geographic
				regions as follows:
2.6.a. Region 1: Hancock,
				Brooke, Ohio, Marshall, and Wetzel counties.
2.6.b. Region 2: Morgan, Berkeley, Jefferson,
				Mineral, Hampshire, Grant, Hardy, and Pendleton counties.
2.6.c. Region 3: Wood, Pleasants, Tyler,
				Ritchie, Wirt, Calhoun, and Jackson counties.
2.6.d. Region 4: Monongalia, Marion, Preston,
				Taylor, Doddridge, Harrison, Lewis, Gilmer, Braxton, Barbour, Tucker, Upshur,
				and Randolph counties.
2.6.e.
				Region 5: Cabell, Mason, Putnam, Wayne, Lincoln, Boone, Logan, and Mingo
				counties.
2.6.f. Region 6: Monroe,
				Raleigh, Summers, Webster, Greenbrier, Pocahontas, McDowell, Mercer, and
				Wyoming counties.
2.6.g. Region 7:
				Clay, Fayette, Kanawha, Nicholas, and Roane counties.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-13 - Development of Methodologies to Examine Needs for Substance Use Disorder Treatment Facilities within the State › Section 69-13-3 - Needs Assessment

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Bureau
				will establish a mechanism through which a needs assessment is developed and
				administered to inform the selection criteria and processes for awarding Ryan
				Brown Fund grants.
3.2. The Bureau
				will implement data-gathering strategies for achieving estimates of need and
				demand by region, if applicable and may utilize:
3.2.a. Direct measures (i.e., population
				surveys employing probability sampling), including but not limited to:
3.2.a.1. Persons in short-term
				treatment;
3.2.a.2. Persons in
				long-term treatment;
3.2.a.3.
				Persons in recovery residences;
3.2.a.4. Infants exposed to drugs;
3.2.a.5. Children removed from their family
				due to substance use;
3.2.a.6.
				Overdose deaths;
3.2.a.7. Opioid
				Antagonist administrations; and
3.2.a.8. Opioid prescriptions.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-13 - Development of Methodologies to Examine Needs for Substance Use Disorder Treatment Facilities within the State › Section 69-13-4 - Community Participation

Current through Register Vol. XLI, No. 28, July 12, 2024
For developing a needs assessment, reviewing inventories and
				  making recommendations regarding overall substance use disorder treatment and
				  recovery service development and resource needs, the Bureau will consult
				  with:
4.1. The ODCP;
4.2. Community substance use disorder
				prevention, early intervention, treatment and recovery organizations;
4.3. Family consumer and other mental health
				constituent groups,
4.4. West
				Virginia Hospital Association;
4.5.
				The state's academic health centers that specialize in services and research
				related to substance use disorder; and
4.6. Other statewide organizations that
				advocate for persons with substance use disorder and their families.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-13 - Development of Methodologies to Examine Needs for Substance Use Disorder Treatment Facilities within the State › Section 69-13-5 - Determination of Need

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				Department will, based upon the results of the needs assessment developed and
				administered by the Bureau pursuant to these rules, determine the disparities
				in the provision of licensed inpatient, outpatient, and residential behavioral
				health and substance use disorder services.
5.2. The determination of need developed and
				administered pursuant to these rules will be incorporated into the Department's
				process for evaluating and approving applications for Ryan Brown Fund grants to
				ensure their effective distribution and use.
5.3. To be eligible for a Ryan Brown Fund
				grant, an applicant must be licensed or eligible to be licensed to provide
				addiction and substance abuse services.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-14 - Collection and Exchange of Data Related to Overdoses › Section 69-14-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Data and
				information" means a collection of numbers, characters, images, or other
				outputs from devices to convert physical quantities into symbols or images.
				Data includes, but is not limited to, numbers, words, and images. Data is
				typically further processed by a human or entered into a computer (input),
				stored and processed there, or transmitted (output) to another human, computer,
				or other system to create information.
2.2. "Data Request" means an inquiry from a
				participant for data or information collected by, housed, or maintained within
				the ODCP that requires compilation or aggregation by the ODCP staff.
2.3. "Department" means the West Virginia
				Department of Health and Human Resources.
2.4. "Director" means the Director of the
				Office of Drug Control Policy.
2.5.
				"Disclosure" means the release, transfer, provision, access to, or divulging in
				any other manner of information outside the ODCP.
2.6. "Drug" means:
2.6.1. Substances recognized as drugs in the
				official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the
				United States, or official National Formulary, or any supplement to any of
				them;
2.6.2. Substances intended
				for use in the diagnosis, cure, mitigation, treatment, or prevention of disease
				in man or animals;
2.6.3.
				Substances (other than food) intended to affect the structure or any function
				of the body of man or animals; and
2.6.4. Substances intended for use as
				components of any article specified in subdivisions a, b, or c, of this
				subsection. It does not include devices or their components, parts, or
				accessories.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-14 - Collection and Exchange of Data Related to Overdoses › Section 69-14-3 - Overdose Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A
				mandatory reporter who attends or treats, or who is requested to attend or
				treat, an overdose, or the administrator, or other person in charge of a health
				care provider in which an overdose is attended or treated or in which the
				attention or treatment is requested, shall report the case via an appropriate
				information technology platform with secure access.
3.2. Reports regarding an overdose shall
				include the reportable information within 72 hours after the incident
				response.
3.3. Reports must be
				submitted in accordance with state and federal security guidelines surrounding
				the transmission of confidential data.
3.4. The mandatory reporter making the report
				shall provide the reportable information concerning the person attended or
				treated or for whom treatment was sought.
3.5. All overdose reports submitted pursuant
				to this rule shall be handled in accordance with all applicable state and
				federal statutes and regulations pertaining to confidentiality of sensitive
				health care information.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-14 - Collection and Exchange of Data Related to Overdoses › Section 69-14-4 - Exchange of Data and Information

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
Permitted Uses and Disclosures
. The ODCP may disclose data for
				legitimate purposes relating to public health to participants. The ODCP shall
				have the sole discretion to determine what constitutes a legitimate purpose
				relating to public health.
4.2.
				Participants may use and disclose data and information in furtherance of the
				purposes and goals of participants relevant to the development and
				implementation of best practices and evidence-based substance use disorder
				prevention, cessation, treatment and recovery programs, and youth tobacco
				access, smoking cessation and prevention when necessary for their proper
				management, administration, or execution of their legal responsibilities and
				privileges established herein. The participants agree not to use or further
				disclose data and information other than as authorized by law.
4.3. Data and information maintained by the
				ODCP may not be disclosed for commercial purposes.
4.4. Overdose Information Maintained by
				Participants
.
4.4.1.
				Participants will provide overdose information in electronic format as
				maintained on each participant's system. The specific data elements that will
				be exchanged are the demographic and health information being requested from
				the originating participant's system. The participants are not responsible for
				the absence of overdose information in a participant's records and are only
				obligated to provide such information as they currently possess. The
				participants acknowledge that the overdose information provided is drawn from
				numerous sources and the overdose information provided may not include an
				entire record.
4.4.2. Participants
				shall provide overdose information to the ODCP in a timely manner.
4.4.3. Participants will reasonably determine
				that information disclosed is accurate and complete. If a participant becomes
				aware of any material inaccuracies in its own overdose information or system,
				it agrees to communicate such inaccuracy to the ODCP as soon as reasonably
				possible.