West Virginia Code of State Rules › Agency 19 - Registered Nurses, WV Board of › Title 19 - PROCEDURAL RULES WEST VIRGINIA BOARD OF EXAMINERS FOR REGISTERED PROFESSIONAL NURSES › Series 19-14 - Practitioner Requirements for Accessing the West Virginia Controlled Substances Monitoring Program Database › Section 19-14-3 - General Rules for Practitioners for Patients Not Suffering From a Terminal Illness

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Prior to the initial provision of any pain-relieving controlled substance as
				part of a course of treatment for chronic nonmalignant pain 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.
3.2. Prior to the initial provision of a
				pain-relieving controlled substance as part of a course of treatment for
				chronic nonmalignant pain to a patient not considered by the current
				practitioner to be suffering from a terminal illness, a current practitioner,
				or the practitioner's authorized agent, 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 12
				month period immediately preceding the visit of the patient to the current
				practitioner.
3.3. Upon accessing
				the CSMP prior to the initial provision of a pain-relieving controlled
				substance as part of a course of treatment for chronic nonmalignant pain, the
				access and any controlled substances reported to the CSMP within the 12 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
				pain-relieving controlled substance by the current practitioner with a paper or
				electronic copy of the CSMP accessed report maintained in the patient medical
				record.
3.4. After the initial
				provision of a pain-relieving controlled substance as part of a course of
				treatment for chronic nonmalignant pain, should the patient continue as a
				patient with the current practitioner, and the current practitioner continues
				to provide pain-relieving controlled substances as part of a course of
				treatment for chronic, nonmalignant pain, the CSMP shall be accessed by the
				current practitioner, or the practitioner's authorized agent, 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 12 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 12 months immediately preceding the access
				shall be then promptly documented in the patient's medical record, with
				rationale for continuing provision of the pain-relieving substance by the
				current practitioner, with a paper or electronic copy of the CSMP accessed
				report maintained in the patient medical record.
3.5. Nothing herein prohibits the CSMP from
				being accessed for a specific patient more frequently than annually by the
				current practitioner, or the practitioner's authorized agent; 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
				pain-relieving controlled substance by the current practitioner, with a paper
				or electronic copy of the CSMP accessed report maintained in the patient
				medical record.
3.6. Accessing the
				CSMP must occur prior to the provision of the controlled substance Provided,
				that if there is an equipment failure, electricity outage or other disaster or
				event that renders review of the CSMP impossible prior to provision of the
				required controlled substances and it is determined by the practitioner that
				providing a controlled substance is medically necessary, this determination of
				medical necessity shall be documented in the medical record and the controlled
				substance may be provided in a limited amount. The circumstances preventing the
				access to the CSMP prior to provision of the controlled substance shall be
				documented in the patient's medical record, and immediately upon having access
				restored the CSMP report shall be accessed, documented as described in this
				rule and the practitioner shall adjust patient care as needed.