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 69-11-6 - Licensure; Fees and Costs

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				General Licensure Provisions.
6.1.a. No
				person, partnership, association or corporation may operate an opioid treatment
				program in the State of West Virginia without first obtaining a license
				pursuant to W. Va. Code §
										16-5Y-3
				and this rule.
6.1.b. A license is
				valid only for the location and persons named and described in the
				application.
6.1.c. Each opioid
				treatment program location shall be licensed separately, regardless of whether
				the program is operated under the same business name or management as another
				program.
6.1.d. Before
				establishing, operating, maintaining or advertising an opioid treatment program
				within the State of West Virginia, a program shall:
6.1.d.1. Hold current, valid certification
				from the SAMHSA;
6.1.d.2. Be
				registered and qualified by the United States Department of Health and Human
				Services under the Controlled Substances Act,
				21
				U.S.C. §§
												801,
et
				seq.
(1970), as amended, to dispense medication-assisted treatment
				medications in the treatment of substance use disorder;
6.1.d.3. Be approved by the state opioid
				treatment authority for operation of an opioid treatment program in this
				state;
6.1.d.4. Have been approved
				for a certificate of need pursuant to W. Va. Code §
											16-5Y-12
				and §§
											16-2D-1,
et seq.
; and
6.1.d.5. Obtain from the Secretary a license
				authorizing the operation of the opioid treatment program and
				facility.
6.1.e. Each
				licensed opioid treatment program shall designate a medical director. The
				medical director shall practice at the program and be responsible for the
				operation of the program in accordance with the requirements of this rule. An
				opioid treatment program may have two co-medical directors.
6.1.f. A license is not transferable or
				assignable.
6.1.g. If the ownership
				of an opioid treatment program changes, the new owner shall notify the
				Secretary within 10 days of the change in ownership and immediately apply for a
				new license. The new owner's application for a license is valid for three
				months from the date the application is received by the director.
6.1.h. The opioid treatment program shall
				notify the Secretary in writing 30 days prior to a change in name or location
				of the program and request an application form for a license
				amendment.
6.1.i. If there is a
				change in the medical director, the opioid treatment program must comply with
				the provisions of subdivisions 6.1.e. and 8.4.f. of this rule.
6.1.j. If the opioid treatment program is not
				in substantial compliance with this rule, but does not pose a significant risk
				to the health, safety or rights of the patients, a license expiring in less
				than one year may be issued.
6.1.k.
				A licensure survey may be conducted periodically during the course of the
				annual licensing term.
6.1.l. The
				Secretary or his or her designee may enter the premises of any practice, office
				or facility if the Secretary has reasonable belief that it is being operated or
				maintained as an opioid treatment program without a license.
6.1.m. If the owner, medical director or
				other person in charge of a licensed opioid treatment program or of any other
				unlicensed practice, office or facility which the Secretary has reasonable
				belief is being operated as an opioid treatment program refuses entry pursuant
				to this rule, the Secretary shall petition the Circuit Court of Kanawha County
				or the county in which the program is located for an inspection
				warrant.
6.1.n. If the Secretary
				finds on the basis of an inspection that any person, partnership, association
				or corporation is operating as an opioid treatment program without a license,
				the opioid treatment program shall apply for a license within 10 days of
				receipt of notification by the Secretary.
6.1.o. An opioid treatment program that fails
				to apply for a license is subject to the penalties established by section 38 of
				this rule.
6.1.p. An opioid
				treatment program shall surrender an expired, revoked or otherwise invalid
				license to the Secretary upon written demand.