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 69-12-6 - Registration for OBMAT programs; Fees and Costs

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. General Registration Provisions.
6.1.1. No person, partnership, association,
				or corporation may operate an OBMAT program in the state of West Virginia
				without first obtaining a registration pursuant to W. Va. Code
				§16-5Y-4 and this rule.
6.1.2. A registration is valid only for the
				location and persons named and described in the application.
6.1.3. Each OBMAT program location shall be
				registered separately, regardless of whether the program is operated under the
				same business name or management as another program.
6.1.4. Before operating an OBMAT program
				within the state of West Virginia, a program shall:
6.1.4.a. 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, if the OBMAT program dispenses MAT
				medications; and
6.1.4.b. Obtain
				from the Secretary a registration authorizing the operation of the OBMAT
				program and facility.
6.1.5. Each registered OBMAT program shall
				designate a medical director. The medical director shall be responsible for the
				operation of the program in accordance with the requirements of this rule.
				Nothing within this rule prevents an OBMAT program from designating two
				co-medical directors.
6.1.6. If the
				ownership of an OBMAT program changes, the new owner shall notify the Secretary
				within 10 days and immediately apply for a new registration. The new owner's
				application for a registration is valid for three months from the date the
				application is received by the director.
6.1.7. The OBMAT program shall notify the
				Secretary within 30 days prior to a change in name or physical address of the
				program and request an application form for a registration amendment.
6.1.8. If there is a change in the medical
				director, the OBMAT program must comply with provisions 6.1.5. and 7.3.4. of
				this rule.
6.1.9. If the OBMAT
				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
				registration expiring in less than one year may be issued.
6.1.10. 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 OBMAT
				program without a registration.
6.1.11. If the owner, medical director, or
				other person in charge of a registered OBMAT program or of any other
				unregistered practice, office, or facility which the Secretary has reasonable
				belief is being operated as an OBMAT 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.
6.1.12. If the Secretary finds on the basis
				of an inspection that any person, partnership, association, or corporation is
				operating as an OBMAT program without a registration, the OBMAT program shall
				apply for a registration within 10 days.
6.1.13. An OBMAT program that fails to apply
				for a registration is subject to the penalties established in this
				rule.
6.1.14. An OBMAT program
				shall surrender an expired, revoked, or otherwise invalid registration to the
				Secretary upon written demand.