West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-10 - Practitioner Requirements for Accessing the West Virginia Controlled Substance Monitoring Program Database › Section 5-10-4 - General Rules for Practitioners for Patients Not Suffering from a Terminal Illness

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				provisions of this section only apply to a practitioner's prescribing,
				administering, or dispensing of Schedule II controlled substances, opioids, or
				benzodiazepines to a patient that the practitioner does not consider to be
				suffering from a terminal illness.
4.2 A practitioner shall apply for and
				receive capability to access the CSMP before providing a patient any Schedule
				II controlled substance, any opioid, or any benzodiazepine.
4.3. Before initially providing any Schedule
				II controlled substance, any opioid, or any benzodiazepine to a patient a
				current practitioner, or the practitioner's authorized agent, shall 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 current practitioner's encounter
				with the patient.
4.4. The
				practitioner shall promptly document the initial CSMP data review in the
				patient's medical record. Documentation must include the date the practitioner
				accessed the patient's CSMP record, a dated copy of the CSMP report or a list
				of all controlled substances reported to the CSMP as dispensed to the patient
				within the preceding 12 months, and the practitioner's rationale for providing
				the patient Schedule II controlled substance(s), Opioid(s), and/or
				benzodiazepine(s).
4.5. If a
				practitioner-patient relationship continues and the course of treatment
				includes the continued prescribing, dispensing or administering of any
				controlled substances, the practitioner shall access the CSMP 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 month immediately preceding the access
				shall be then promptly documented in the patient's medical record, with
				rationale for continuing to provide controlled substance by the current
				practitioner, with a copy of the CSMP accessed report signed and dated by the
				current practitioner.
4.6. A
				practitioner may review a patient's CSMP data more frequently than annually.
				However, a practitioner must document each CSMP data review in the patient
				medical record. Documentation must include the date the practitioner accessed
				the patient's CSMP record, a dated copy of the CSMP report or a list of all
				controlled substances reported to the CSMP for the patient from any source
				other than the practitioner, and the practitioner's rationale for discontinuing
				or continuing to provide controlled substances to the patient.
4.7. A practitioner who is providing a
				patient controlled substance medication shall review a patient's CSMP data
				whenever the provider has a specific concern regarding controlled substance
				abuse, misuse, or diversion of controlled substances by the patient.