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 69-07 - Regulations of Opioid Treatment Programs › Section 69-7-31 - Counseling

Current through Register Vol. XLI, No. 28, July 12, 2024
31.1. Each opioid
				treatment program shall provide substance abuse counseling to every patient as
				is clinically necessary. Counseling sessions should encourage and guide the
				patient to a lifestyle that that does not include abuse of prescribed or
				illicit medications, drugs or other substances.
31.2. The counseling shall be provided by a
				counselor, qualified by education, training or experience to assess the
				psychological and sociological background of patients, to contribute to the
				appropriate individualized treatment plan for the patient, and to monitor
				patient progress. The primary counselor shall develop and implement the
				psychological and social portions of the patient's individualized treatment
				plan of care, in coordination with the medical staff. The individualized
				treatment plan of care shall address the social, environmental, psychological,
				social and familial issues relative to recognizing, correcting and eliminating
				the individual's maladaptive patterns of drug consumption and other high risk
				and/or destructive behaviors.
31.3.
				The primary counselor is responsible for assisting the patient in altering life
				styles and patterns of behavior in order to improve the individual's ability to
				function adaptively in his or her family and community. Counseling shall
				address the social, environmental, psychological and familial issues that
				contribute to the individual's maladaptive patterns of drug consumption and
				other high risk and/or destructive behaviors.
31.4. Each opioid treatment program shall
				provide counseling on matters indirectly related to substance addiction,
				including, but not limited to:
31.4.a.
				Preventing exposure to, and the transmission of, HIV disease and Hepatitis C
				disease for each patient admitted or readmitted to maintenance or
				detoxification treatment; and
31.4.b. Domestic violence, sexual abuse and
				anger management.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-07 - Regulations of Opioid Treatment Programs › Section 69-7-32 - Post-Admission Assessment and Initial Plan of Care

Current through Register Vol. XLI, No. 28, July 12, 2024
32.1. Upon admission to an opioid treatment
				program, each patient shall undergo an initial post-admission assessment and
				the opioid treatment program shall develop an initial plan of care. The initial
				assessment and plan of care shall be completed within seven days of the
				patient's admission.
32.2. Post
				Admission Assessment.
32.2.a. The initial
				post-admission assessment shall consist of a comprehensive medical evaluation,
				which shall include, but not be limited to:
32.2.a.1. A comprehensive physical
				evaluation;
32.2.a.2. A
				comprehensive psychiatric evaluation, including mental status examination and
				psychiatric history;
32.2.a.3. A
				personal and family medical history;
32.2.a.4. A comprehensive history of
				substance abuse, both personal and family;
32.2.a.5. A tuberculosis skin test and chest
				X-ray, if skin test is positive;
32.2.a.6. A screening test for
				syphilis;
32.2.a.7. A Hepatitis C
				test;
32.2.a.8. An HIV test to the
				extent voluntarily elected by the patient; and
32.2.a.9. Other tests as necessary or
				appropriate (e.g., CBC, EKG, chest X-ray, pap smear, hepatitis B surface
				antigen and hepatitis B antibody testing).
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-07 - Regulations of Opioid Treatment Programs › Section 69-7-33 - Comprehensive Bio-Psychosocial Evaluation

Current through Register Vol. XLI, No. 28, July 12, 2024
33.1. Within thirty days after admission, or
				when the patient is stable and able to fully participate, the program shall
				complete a full bio-psychosocial evaluation which shall be used to develop the
				long-term plan of care. The bio-psychosocial evaluation shall integrate
				information obtained in the comprehensive medical evaluation.
33.2. The bio-psychosocial evaluation shall
				include information obtained from:
33.2.a.
				The patient;
33.2.b. Family
				members, when applicable or permitted;
33.2.c. Friends and peers, when appropriate
				and permitted; and
33.2.d. Other
				appropriate and permitted collateral sources.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-07 - Regulations of Opioid Treatment Programs › Section 69-7-35 - Documentation of Patient Contact

Current through Register Vol. XLI, No. 28, July 12, 2024
35.1. The primary counselor or medical staff
				is responsible for documentation of significant contact with each patient,
				which shall be filed in the patient record.
35.2. The documentation shall include a
				description of:
35.2.a. The reason for or
				nature of the contact;
35.2.b. The
				patient's current condition;
35.2.c. Significant events occurring since
				prior contact;
35.2.d. The
				assessment of patient status; and
35.2.e. A plan for action or further
				treatment.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-07 - Regulations of Opioid Treatment Programs › Section 69-7-36 - Medication Storage, Administration and Documentation

Current through Register Vol. XLI, No. 28, July 12, 2024
36.1. Each opioid treatment program shall
				have policies and procedures consistent with the United States Drug Enforcement
				Administration's statutes and regulations regarding the storage, administration
				and documentation of medications.
36.2. Administration of Medications.
36.2.a. The policies and procedures of an
				opioid treatment program shall require all personnel dispensing opioid agonists
				to adhere to federal and state laws, rules, and regulations and to protocols
				and guidelines from approved authorities.
36.2.b. Each opioid treatment program shall
				calibrate medication dispensing instruments consistent with the manufacturer's
				recommendations to ensure accurate patient dosing and substance
				tracking.
36.2.c. Each opioid
				treatment program shall ensure that opioid treatment medications are
				administered or dispensed 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 or
				dispense opioid drugs.
36.2.d. Only
				the program physician may order medication and dosages; only the program
				physician may approve changes in dosage or take-home privileges.
36.2.e. The patient shall be advised of any
				change in medication dosage or administration.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-07 - Regulations of Opioid Treatment Programs › Section 69-7-39 - Administrative Withdrawal

Current through Register Vol. XLI, No. 28, July 12, 2024
39.1.
				Administrative withdrawal is an involuntary withdrawal or administrative
				discharge from pharmacotherapy. The schedule of withdrawal may be brief, less
				than thirty days if necessary.
39.2. Administrative withdrawal may result
				from any of the following:
39.2.a.
				Non-payment of fees. The opioid treatment 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.
39.2.b.
				Disruptive conduct or behavior considered to have an adverse effect on the
				program, 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, repeated loitering, and/or flagrant noncompliance resulting in an
				observable, negative impact on the program, staff and other patients.
39.2.c. Incarceration or other confinement.
				The program is responsible for working 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 69-07 - Regulations of Opioid Treatment Programs › Section 69-7-40 - Medical Withdrawal

Current through Register Vol. XLI, No. 28, July 12, 2024
40.1.
				Medical withdrawal occurs as a voluntary and therapeutic withdrawal agreed upon
				by staff and patient in accordance with approved national guidelines. In some
				cases the withdrawal may be against the advice of clinical staff (against
				medical advice).
40.2. The opioid
				treatment program shall supply a schedule of dose reduction well tolerated by
				the patient.
40.3. The program
				shall offer supportive treatment, including increased counseling sessions and
				referral to a self-help group or other counseling provider as
				appropriate.
40.4. If the patient
				leaves the opioid treatment program abruptly against medical advice, the
				program may readmit the patient within thirty days without a formal
				reassessment procedure. The program shall document attempting to assist the
				patient in any issues which may have triggered his or her abrupt
				departure.
40.5. The opioid
				treatment program shall make provisions for continuing care for each patient
				following the last dose of medication and for re-entry to maintenance treatment
				if relapse occurs or if the patient should reconsider withdrawal.
40.6. Female patients shall have a negative
				pregnancy screen prior to the onset of either administrative or
				medically-supervised withdrawal.
40.7. For either withdrawal, the program
				shall have in place a detailed relapse prevention plan developed by the
				counselor in in accordance with 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.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-07 - Regulations of Opioid Treatment Programs › Section 69-7-42 - Controlled Substances Monitoring Program Database

Current through Register Vol. XLI, No. 28, July 12, 2024
42.1. Each opioid treatment 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 opioid treatment program access to the Controlled
				Substances Monitoring Program database maintained by the West Virginia Board of
				Pharmacy.
42.2. Program physicians
				shall access the database:
42.2.a. At the
				patient's intake;
42.2.b. Before
				the administration of methadone or other treatment in an opioid treatment
				program;
42.2.c. After the initial
				thirty days of treatment;
42.2.d.
				Prior to any take-home medication being granted;
42.2.e. After any positive drug test;
				and
42.2.f. At each ninety-day
				treatment review.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-07 - Regulations of Opioid Treatment Programs › Section 69-7-43 - Concurrent Alcohol and Polysubstance Abuse

Current through Register Vol. XLI, No. 28, July 12, 2024
43.1. Each opioid treatment program shall
				address abuse of alcohol and other non-opioid substances within the context of
				the medication-assisted therapy effort.
43.2. The opioid treatment program shall
				ensure that its staff is fully trained and knowledgeable regarding current
				effective strategies for treating alcohol, cocaine and other drug
				abuse.
43.3. Ongoingpolysubstance
				use is not a reason for discharge unless the patient refuses recommended, more
				intensive levels of care. 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.
43.4. Each opioid
				treatment program shall have a policy regarding treatment of co-morbid
				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. The program shall develop interagency agreements whenever
				possible to ensure smooth referral processes and interchange of
				information.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-07 - Regulations of Opioid Treatment Programs › Section 69-7-44 - Special Populations

Current through Register Vol. XLI, No. 28, July 12, 2024
44.1.
				Behavioral Health Needs.
44.1.a. Each opioid
				treatment program shall ensure that patients with behavioral health needs are
				identified through the evaluation process and referred for appropriate
				treatment.
44.1.b. At all phases of
				treatment, the opioid treatment program shall monitor patients during
				detoxification withdrawal and recovery for indications of symptoms of
				behavioral illness.
44.1.c. Each
				opioid treatment program shall establish linkages with behavioral health
				providers in the community.
44.1.d.
				Each opioid treatment program may provide psychotropic medication management
				onsite by appropriately trained medical professionals. Individualized treatment
				plans of care shall describe the goals of psychotropic medication management,
				which shall be reviewed regularly. The patient's chart and individualized
				treatment plan of care shall document regular contact with the prescribing
				physician and/or physician extender for the distinct purpose of monitoring
				prescribed psychotropic medications.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-08 - Chronic Pain Management Clinic Licensure › Section 69-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes standards and procedures for the regulation of
				chronic pain management clinics.
1.2. Authority. -- W. Va. Code
				§16-1-4 and
				§16-5H-9.
1.3. Filing Date. --
				May 3, 2024.
1.4. Effective Date.
				-- May 3, 2024.
1.5. Sunset
				Provision. -- This rule shall terminate and have no further force or effect on
				August 1, 2029.
1.6. Applicability.
				-- This rule applies to any person, partnership, association, or corporation
				that operates a chronic pain management clinic.
1.7. Purpose. -- The purpose of this rule is
				to ensure all West Virginia pain management clinics conform to a common set of
				standards and procedures. All standards and procedures are minimum requirements
				whereby pain management clinics may be surveyed and evaluated to ensure the
				care, treatment, health, safety, and welfare of patients treated
				therein.
1.8. Enforcement. -- This
				rule is enforced by the Secretary of the Department of Health and Human
				Resources or his or her lawful designee. For the purposes of this rule, the
				Secretary designates the Director of the Office of Health Facility Licensure
				and Certification.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-08 - Chronic Pain Management Clinic Licensure › Section 69-8-3 - Pain Clinic Definition and Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A pain management clinic is any
				privately owned, clinic, facility or office, not otherwise exempted, that
				treats patients for chronic pain as defined by W. Va. Code §16-5H-2, and;
3.1.1. The primary component of the medical
				practice of the clinic, facility or office is treatment of chronic pain for
				non-malignant conditions;
3.1.2.
				More than 50 percent of patients in any one month of the clinic are provided
				treatment for chronic pain for nonmalignant conditions that are not terminal
				and are prescribed, administered or dispensed Schedule II opioid drug products
				or other Schedule II controlled substances for such diagnosis;
3.1.3. The calculation of more than 50
				percent of patients will be calculated by dividing the number of unique patient
				encounters at the clinic, facility or office during any one month for a
				diagnosis of chronic nonmalignant pain for conditions that are not terminal and
				pursuant to such diagnosis of chronic nonmalignant pain for conditions that are
				not terminal were prescribed, administered, or dispensed Schedule II opioid
				drugs or other Schedule II controlled substances by the total number of all
				patient encounters at the clinic, facility, or office during any month;
				and
3.1.4. Patients receiving
				Schedule II opioid drug products or other Schedule II controlled substances for
				treatment of any injury or illness that lasts or is expected to last 30 days or
				less shall not be included in the calculation of more than 50 percent of all
				patients. Clinics below the 50 percent patient calculation threshold will be
				subject to continued monitoring by the Office of Health Facility Licensure and
				Certification for changes in the patient ratio. Failure to cooperate with
				requests for information to verify patient calculations may subject the clinic
				to penalties and equitable relief pursuant to section 18 of this
				rule.
3.1.5. A pain management
				clinic shall not offer a bounty, monetary, or equipment or merchandise reward,
				or free services for individuals in exchange for recruitment of new patients
				into the clinic. A pain clinic shall not recruit new patients for the purpose
				of attempting to circumvent the licensure requirement of 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 69-08 - Chronic Pain Management Clinic Licensure › Section 69-8-5 - Inspections

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The secretary
				or his or her designee shall conduct unannounced inspections of all pain
				management clinics that are subject to the provisions of this rule and W. Va.
				Code §§16-5H-1,
et seq.
,
				in order to determine compliance. Inspections shall include initial
				inspections, annual inspections, follow-up inspections, complaint
				investigations, and periodic inspections.
5.2. During the inspections, the pain
				management clinic must provide the secretary a comprehensive listing of total
				patients. At a minimum this shall include:
5.2.1. The identifiers of those receiving
				chronic pain treatment and other services;
5.2.2. The diagnosis for each
				patient;
5.2.3. The demographic
				information for each patient, including city and county of residence;
				and
5.2.4. A list of medications
				administered, dispensed, or prescribed including the date of the prescription,
				dispensing, or administration for each patient of the pain management
				clinic.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-08 - Chronic Pain Management Clinic Licensure › Section 69-8-6 - Organization and Management

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. All
				owners, employees, volunteers or associates of the clinic 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 W. Va. Code R. §§69-10-1,
et
				seq
.
6.2. The clinic may
				not be owned by, nor may it employ or associate with, any physician or
				prescriber:
6.2.1. Whose Drug Enforcement
				Administration number has ever been revoked;
6.2.2. Whose application for a license to
				prescribe, dispense or administer a controlled substance has been denied,
				restricted or denotes any disciplinary action by any jurisdiction; or
6.2.3. Who, in any jurisdiction of this state
				or any other state or territory of the United States, has received an
				ineligible employment fitness determination from the West Virginia Clearance
				for Access: Registry and Employment Screening unit of the Department of Health
				and Human Resources and has not received a variance.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-08 - Chronic Pain Management Clinic Licensure › Section 69-8-7 - Clinic and Facility Environment and Operation

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Each pain management clinic facility
				shall have:
7.1.1. Sufficient space and
				adequate equipment for the provision of all services specified in the pain
				management clinic's description of treatment services;
7.1.2. Clean, safe, and well-maintained
				patient and staff areas;
7.1.3. A
				secure room with lockable equipment for all information contained in patient
				records;
7.1.4. Policies and
				procedures regarding the confidentiality of all information in patient records
				which specify the requirements for access to the secure room and to electronic
				records, including levels of access;
7.1.5. A double-locked area to prevent access
				to controlled substances by any unauthorized personnel;
7.1.6. Sanitary and secure dosing
				areas;
7.1.7. Sufficient restrooms
				for the estimated patient population with separate restrooms for observation of
				specimen production, if necessary;
7.1.8. Adequate parking areas for the
				expected flow of traffic; and
7.1.9. Procedures to ensure that the premises
				are kept free from rodent and insect infestation.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-08 - Chronic Pain Management Clinic Licensure › Section 69-8-8 - Clinic Staff; Training and Credentialing of Staff

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. All employees, volunteers, contracted
				individuals, and associates of a pain management clinic are subject to the
				restrictions, prohibitions, and requirements established in this
				rule.
8.2. Professional Medical
				Staff.
8.2.1. The pain management clinic may
				employ, contract with, and use physicians and other licensed health care
				professionals working within their scope of practice who have received
				sufficient training and experience in accordance with clinic policies and
				procedures developed by the designated physician owner.
8.2.2. All physicians and licensed health
				care professionals employed or contracted by the pain management clinic shall
				be actively licensed in West Virginia and shall have:
8.2.2.a. A minimum of one year of experience
				in chronic pain management; or
8.2.2.b. Active enrollment in a training
				program for obtaining competence in chronic pain management that is approved by
				the designated physician owner. The designated physician owner shall certify
				the individual's satisfactory completion of the training.
8.2.3. During all hours of operation when the
				designated physician owner of the pain management clinic is not present, a
				physician, physician assistant, or advanced practice registered nurse with an
				active license in this state shall be on site.
8.2.4. The clinic must ensure that there is
				trained staff on duty at all times who are proficient in cardiopulmonary
				resuscitation and management of medication overdose.
8.2.5. A person may not dispense any
				medication, including a controlled substance, on the premises of a licensed
				pain management clinic unless he or she is a physician or pharmacist licensed
				in this state.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-08 - Chronic Pain Management Clinic Licensure › Section 69-8-9 - Patient Rights

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Each pain
				management clinic shall have policies and procedures that guarantee the
				following rights to patients:
9.1.1. The right
				to be informed, both verbally and in writing, of clinic fees, rules, and
				regulations and patient's rights and responsibilities in advance of the clinic
				providing care. The rights and responsibilities shall be posted prominently and
				reviewed with the patient at the initial visit and at any time changes in the
				rights and responsibilities occur. The rights shall be explained to the patient
				in a manner in which the patient can understand, including the use of
				interpreters and personnel experienced in communication with vision and
				hearing-impaired individuals;
9.1.2. The right to receive treatment
				provided in a fair and impartial manner regardless of race, sex, age, sexual
				orientation, or religion;
9.1.3.
				The right to participate in the development and implementation of his or her
				plan of care and to make decisions regarding that care. The written plan of
				care shall be reviewed with the patient at least every 90 days by the patient's
				physician and shall be maintained in the patient's chart;
9.1.4. The right to be informed that prior to
				dispensing or prescribing a controlled substance, the treating physician must
				access the Controlled Substances Monitoring Program database maintained by the
				West Virginia Board of Pharmacy to ensure that the patient is not seeking
				controlled substances from multiple sources. The treating physician shall also
				review the database at each patient examination, or at least every 90 days
				during the course of ongoing treatment;
9.1.5. The right to be informed that the
				patient may be required to submit to drug testing and that the collection of
				specimens may be observed, if deemed necessary;
9.1.6. The right to treatment at a pain
				management clinic that provides an adequate number of competent, qualified, and
				experienced professional staff to implement and supervise the written plan of
				care;
9.1.7. The right 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 purposes of clinical evaluations, billing, and statutory requirements
				for reporting abuse; and
9.1.8. The
				right to care in a safe setting.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-08 - Chronic Pain Management Clinic Licensure › Section 69-8-11 - Records

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The pain
				management clinic shall maintain patient records and business records according
				to clinic policy. Clinic policy shall be in compliance with state and federal
				law, including but not limited to the Health Insurance Portability and
				Accountability Act of 1996 (HIPAA).
11.2. The pain management clinic shall
				establish policies and procedures specifying who may use the records, under
				what conditions the records may be removed from the clinic and under what
				conditions the information from the records may be released.
11.3. The pain management clinic shall
				establish procedures to ensure security of all records, including electronic
				records.
11.4. The pain management
				clinic 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 prescription drugs approved for use in
				treatment of chronic pain management.
11.5. Patient records shall contain
				sufficient information to identify the patient, support the diagnosis, justify
				the treatment, and document the course and results of treatment
				accurately.
11.6. Patient records
				shall be current and easily accessible from admission through
				discharge.
11.7. Patient records
				shall include, at a minimum:
11.7.1. Patient
				identification and demographic data;
11.7.2. Properly executed informed consent
				forms for procedures and treatments;
11.7.3. Copy of signed patient
				rights;
11.7.4. A complete patient
				history and physical examination, including any history of drug abuse or
				dependence;
11.7.5. Patient
				assessments and plans of care;
11.7.6. Progress notes and practitioners'
				orders;
11.7.7. Diagnostic,
				therapeutic, and laboratory results, including drug testing results;
11.7.8. Reports of evaluations,
				consultations, and hospitalizations;
11.7.9. Treatment objectives, including
				discussion of risks and benefits;
11.7.10. Records of drugs prescribed,
				dispensed, or administered, including the date, type, and dosage;
11.7.11. Treatments;
11.7.12. Receipt and assessment of drug
				database or prescription monitoring program reports;
11.7.13. Copies of records, reports, or other
				documentation obtained from other health care practitioners at the request of
				the physician used for determining appropriate treatment of the patient.
				Records provided by the patient shall be designated as such; and
11.7.14. A record of all cash
				transactions.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-08 - Chronic Pain Management Clinic Licensure › Section 69-8-12 - Laboratory Services

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Each
				pain management clinic shall have the capability of obtaining medication blood
				levels and urine samples when clinically indicated. Collection and testing
				shall be done in a manner that assures a method of confirmation for positive
				results and documents the chain of custody of the collection.
12.2. All lab services provided to patients
				are performed in a facility certified in accordance with 42 CFR §493 and
				the 1988 Clinical Laboratory Improvement Amendments (CLIA).
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-08 - Chronic Pain Management Clinic Licensure › Section 69-8-13 - Quality Assurance and Performance Improvement

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The designated physician owner, medical
				staff, and clinic administration are responsible for and shall review at least
				annually the development, implementation, maintenance, and effective evaluation
				of quality assessments for performance improvement. This process systematically
				collects, measures, analyzes, and tracks objective indicators of patient care
				and clinic operations. This evaluation plan should reflect the complexity of
				the pain management clinic's organization and services.
13.2. The pain management clinic shall
				maintain current quality assessment and performance improvement policies that
				objectively and systematically monitor and evaluate the quality and
				appropriateness of patient care, evaluate the methods to improve patient care,
				identify and correct deficiencies within the clinic, and provide for
				opportunities to improve the clinic's performance and quality of
				care.
13.3. The clinic shall make
				available to the secretary the results of peer review and quality assessment
				and performance improvement information upon request.
13.4. Quality assessment and performance
				improvement policies and areas of measurement shall include, but not be limited
				to:
13.4.1. Staff, administrative, and
				practitioner performance;
13.4.2.
				Grievance findings;
13.4.3.
				Evaluation of diagnostic and therapeutic services provided;
13.4.4. Medication errors, drug diversion,
				and other incidents or occurrences;
13.4.5. Drug therapy and adverse drug
				reactions;
13.4.6. Evaluation of
				all services provided to patients by staff accountable to the clinic through
				employment or contract;
13.4.7.
				Review and verification of staff credentials, training, periodic education, and
				licensure;
13.4.8. Review of clinic
				policies and procedures;
13.4.9.
				Review of patient satisfaction of services;
13.4.10. Infection control issues in regard
				to universal infection control guidelines as set forth by the Centers for
				Disease Control; and
13.4.11.
				Review of patient outcomes and treatment outcomes.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-08 - Chronic Pain Management Clinic Licensure › Section 69-8-14 - Infection Control

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. The
				pain management clinic shall maintain an effective infection control program
				that protects the patients, their families, and clinic personnel by preventing
				and controlling infections and communicable diseases.
14.2. The program shall include the
				implementation of a nationally recognized system of infection control
				guidelines.
14.3. The pain
				management clinic shall have an active surveillance and education program for
				the prevention, early detection, control, and investigation of infections and
				communicable diseases.
14.4. The
				pain management clinic shall designate a person or persons, with appropriate
				education and training, as infection control officers to develop and implement
				policies and governing control of infections and communicable diseases for
				patients and personnel.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-08 - Chronic Pain Management Clinic Licensure › Section 69-8-15 - Incident Reporting and Adverse Events

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. The pain management clinic shall
				develop policies and procedures for comprehensively documenting, investigating,
				taking corrective action, and tracking instances of adverse events or
				incidents.
15.2. Adverse events or
				incidents may include, but not be limited to:
15.2.1. Medication errors;
15.2.2. Patient suicide attempts;
15.2.3. Patients deaths;
15.2.4. Harm to family members or others from
				ingesting a patient's medication;
15.2.5. Selling drugs on the
				premises;
15.2.6. Medication
				diversion;
15.2.7. Harassment or
				abuse of patients by staff;
15.2.8.
				Threats and intimidation of staff by patients; and,
15.2.9. Violence.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-08 - Chronic Pain Management Clinic Licensure › Section 69-8-16 - License Revocations, Suspensions, and Denials

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Grounds for Suspension, Revocation, or
				Denial.
16.1.1. The secretary may revoke,
				suspend, or deny a license issued pursuant to this rule if any provisions of
				federal or state law or this rule are violated. The secretary may revoke a
				license and prohibit all physicians associated with that pain management clinic
				from practicing at the clinic location based upon the findings and results of
				an annual or periodic inspection and evaluation. The period of suspension for
				the license of a pain management clinic shall be prescribed by the secretary
				but may not exceed one year.
16.1.2. The secretary may revoke, or suspend,
				or deny a pain management clinic license for one of more of the following
				reasons:
16.1.2.a. The secretary makes a
				determination that fraud or other illegal action has been committed by any
				owner of the pain management clinic;
16.1.2.b. The pain management clinic has
				violated federal, state, or local law relating to licensure, building, health,
				fire protection, safety, sanitation, or zoning;
16.1.2.c. The pain management clinic engages
				in practices that jeopardize the health, safety, welfare, or clinical treatment
				of a patient;
16.1.2.d. The pain
				management clinic has failed or refused to submit reports or make records
				available as requested by the secretary;
16.1.2.e. A pain management clinic has
				refused to provide access to its location or records as requested by the
				secretary;
16.1.2.f. A pain
				management clinic's designated physician owner has knowingly and intentionally
				misrepresented actions taken to correct a violation;
16.1.2.g. An owner or designated physician
				owner of a pain management clinic concurrently operates an unlicensed pain
				management clinic;
16.1.2.h. A
				physician or any owner knowingly operates, owns, or manages an unlicensed pain
				management clinic that is required to be licensed;
16.1.2.i. The owners of a licensed pain
				management clinic fail to apply for a new license for the clinic upon a change
				of ownership and operate the clinic under the new ownership;
16.1.2.j. A physician or any owner acquires
				or attempts to acquire a license for a pain management clinic through
				misrepresentation or fraud or procures or attempts to procure a license for a
				pain management clinic for any other person by making or causing to be made any
				false representation; or
16.1.2.k.
				The pain management clinic fails to have a licensed designated physician owner
				practicing at the 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 69-08 - Chronic Pain Management Clinic Licensure › Section 69-8-17 - Penalties and Equitable Relief

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Grounds for Penalties and Injunctions.
17.1.1. Any person, partnership, association,
				or corporation which establishes, conducts, manages, or operates a pain
				management clinic without first obtaining a license therefore or which violates
				any provisions of law or rule shall be assessed a civil money penalty by the
				secretary in accordance with this rule.
17.1.2. Each day of continuing violation
				after notification of the infraction shall be considered a separate
				violation.
17.1.3. If the clinic's
				designated physician owner 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 pain management clinic's
				license.
17.1.4. If an owner or
				designated physician owner of pain management clinic concurrently operates an
				unlicensed pain management clinic, the secretary may impose a civil money
				penalty upon the owner or physician, or both, not to exceed $5,000 per
				day.
17.1.5. If the owner of a pain
				management clinic that requires a license under this article fails to apply for
				a new license for the clinic upon a change of ownership and operates the clinic
				under the new ownership, the secretary may impose a civil money penalty not to
				exceed $5,000.
17.1.6. If a
				physician knowingly operates, owns, or manages an unlicensed pain management
				clinic that is required to be licensed pursuant to this article; knowingly
				prescribes or dispenses, or causes to be prescribed or dispensed, controlled
				substances in an unlicensed pain management clinic that is required to be
				licensed; or obtains a license to operate a pain management clinic 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 69-08 - Chronic Pain Management Clinic Licensure › Section 69-8-18 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1.
				Before any pain management clinic license is denied, suspended, or revoked,
				written notice shall be given to the owner or owners of the clinic, stating the
				grounds of the complaint and the date, time, and place set for the hearing on
				the complaint, which date shall not be less than 30 days from the time the
				notice is given.
18.1.1. The notice shall be
				sent by certified mail to the owner or owners at the address where the pain
				management clinic concerned is located.
18.1.2. Nothing prohibits the parties from
				requesting an administrative hearing or in an informal meeting to address and
				resolve the findings of the licensing review prior to the hearing and nothing
				prohibits the parties from continuing the hearing upon good cause shown as
				determined by the secretary.
18.1.3. The pain management clinic 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.
18.1.4. 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.
18.1.5. If an owner fails to request a
				hearing within the time frame specified, he or she shall be subject to the full
				penalty imposed.
18.1.6. The filing
				of a request for a hearing does not stay or supersede enforcement of the final
				decision or order of the director or 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 69-08 - Chronic Pain Management Clinic Licensure › Section 69-8-19 - Administrative Appeals and Judicial Review

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. Any owner of a pain management clinic
				who disagrees with the decision of the secretary as a result of the hearing
				may, within 30 days after receiving notice of the decision, appeal the decision
				to the Circuit Court of Kanawha County or in the county where the petitioner
				resides or does business.
19.1.1. 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.
19.1.2. The Circuit Court may affirm, modify,
				or reverse the decision of the secretary. 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 69-09 - Neonatal Abstinence Centers › Section 69-9-1 - GENERAL PROVISIONS

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. It is the purpose of this rule to implement state law governing the
				licensing, operation and standards of care in neonatal abstinence centers
				located within the state of West Virginia.
1.2. Authority. W. Va. §§
									16-1-4 and
				16-2N-2.
1.3. Filing Date. April
				28, 2016.
1.4. Effective Date. July
				1, 2016.
1.5. Application. This
				rule applies to neonatal abstinence center patients and legal representatives
				as well as every individual and every form of organization, whether
				incorporated or unincorporated, trust, association or political subdivision of
				the state that operates or applies to operate a neonatal abstinence syndrome
				center as defined in this rule and the authorizing state law.
1.6. 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 69-09 - Neonatal Abstinence Centers › Section 69-9-3 - CERTIFICATION, LICENSURE, APPROVAL AND EXEMPTION

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The intent of the neonatal abstinence
				syndrome center, or center is to:
3.1.a.
				Treat symptoms of withdrawal in patients who have been prenatally exposed to
				drugs using both pharmacological and non-pharmacological
				interventions;
3.1.b. Educate
				families, legal representatives, and/or foster families in the appropriate care
				needs of a patient with neonatal abstinence syndrome; and
3.1.c. Support families through the recovery
				process.