West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-07 - Practitioner Requirements for Controlled Substances Licensure and Accessing the West Virginia Controlled Substances Monitoring Program Database › Section 24-7-4 - General Rules for Practitioners for Patients Not Suffering from a Terminal Illness

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Prior to
				the initial provision of any Schedule II controlled substance, any opioid, or
				any benzodiazepine to any patient not considered by a practitioner to be
				suffering from a terminal illness, a practitioner shall apply for and receive
				capability to access the CSMP for purposes of compliance with this
				rule.
4.2. Prior to the initial
				provision of any Schedule II controlled substance, any opioid, or any
				benzodiazepine to a patient not considered by the current practitioner to be
				suffering from a terminal illness, a current practitioner is required to access
				the CSMP to determine whether the patient has obtained any controlled substance
				reported to the CSMP from any source other than the current practitioner within
				the twelve-month period immediately preceding the visit of the patient to the
				current practitioner.
4.3. Upon
				accessing the CSMP prior to the initial provision of any Schedule II controlled
				substance, any opioid, or any benzodiazepine, the access and any controlled
				substances reported to the CSMP within the twelve-month period immediately
				preceding the visit of the patient shall be then promptly documented in the
				patient's medical record with rationale for provision of the Schedule II
				controlled substance, opioid, and/or benzodiazepine by the current
				practitioner, with a copy of the CSMP accessed report signed and dated by the
				current practitioner.
4.4. After
				the initial provision of any Schedule II controlled substance, any opioid, or
				any benzodiazepine, should the patient continue as a patient with the current
				practitioner, and the current practitioner continues to treat the patient with
				a controlled substance, the CSMP shall be accessed by the current practitioner
				at least annually to determine whether the patient has obtained any controlled
				substances reported to the CSMP from any source other than the current
				practitioner within the twelve-month period immediately preceding the access.
				The access and any controlled substances from any other source other than the
				current practitioner, reported to the CSMP within such twelve-month period
				immediately preceding the access shall be then promptly documented in the
				patient's medical record, with rationale for continuing provision of the
				controlled substance by the current practitioner, with a copy of the CSMP
				accessed report signed and dated by the current practitioner.
4.5. Nothing herein prohibits the CSMP from
				being accessed for a specific patient more frequently than annually by the
				current practitioner; however, upon any such additional access of the CSMP,
				controlled substances reported to the CSMP from any source other than the
				current practitioner shall be promptly documented in the patient's medical
				record, with rationale for provision of the controlled substance by the current
				practitioner, with a copy of the CSMP accessed report signed and dated by the
				current practitioner.