W. Va. Code R. § 11-6-2

Current through Register Vol. XLI, No. 25, June 21, 2024

Section 11-6-2 - [Effective 7/1/2024] Definitions

Definitions set forth in 11 CSR 1A are hereby incorporated by reference.

2.1. "ABMS" means American Board of Medical Specialties.

2.2. "Board" means the West Virginia Board of Medicine.

2.3. "Chronic pain" means pain that has persisted after reasonable medical efforts have been made to relieve the pain or cure its cause and that has continued, either continuously or episodically, for longer than three continuous months. For purposes of this rule, "chronic pain" does not include pain associated with a terminal condition or illness or with a progressive disease that, in the normal course of progression, may reasonably be expected to result in a terminal condition or illness.

2.4. "Controlled substances" means drugs that are classified by federal or state law in Schedules I, II, III, IV or V, as defined in W. Va. Code § 60A-2-204 through 212.

2.5. "Licensee" means a physician or podiatric physician licensed pursuant to the provisions of W. Va. Code § 30 -3-1 et seq. and the provisions of 11 CSR 1A.

2.6. "Maintenance of certification" means an ongoing process of education and assessment for the twenty four member boards of the ABMS board certified physicians to improve practice performance in six core competencies: professionalism, patient care and professional skills, medical knowledge, practice based learning and improvement, interpersonal and communication skills, and systems based practice.

2.7. "Opioid" means controlled substance medications which are natural and semi-synthetic derivatives of the opium poppy, as well as similar synthetic compounds that have analgesic or pain relieving properties because of their effects in the central nervous system. Opioids include, but are not limited to, codeine, morphine, hydromorphone, hydrocodone, oxycodone, methadone, and fentanyl.

2.8. "Reactivation" means re-licensure of an eligible former licensee who has not held a license issued by the Board for more than one year immediately preceding the request for reactivation.

2.9. "Reinstatement" means re-licensure of an eligible former licensee whose license automatically expired or was subject to a non-disciplinary voluntary surrender less than one year prior to the request for reinstatement.

2.10. "Renewal applicant" means a licensee who is seeking to renew a license issued by the Board.

2.11. "Reporting period" means the two-year period preceding the renewal deadline for a license issued by the Board. Continuing education satisfactory to the Board must be obtained in each reporting period.

2.12. "Risk Assessment and Responsible Prescribing of Controlled Substances" means drug diversion training, best-practice prescribing of controlled substances training, and training on prescribing and administering an opioid antagonist which includes all of the following components:

2.12.1. Risk Assessment and responding to drug diversion and drug seeking behavior including:

2.12.1.a. Tools for conducting routine patient assessments for risk factors associated with drug diversion, misuse or abuse and identification of substance use disorder treatment referral resources;

2.12.1.b. West Virginia statistics on prescription drug abuse and resulting deaths;

2.12.1.c. Identification of diversion and drug seeking tactics and behaviors;

2.12.1.d. Best practices for assessing, treating and referring patients suspected of drug seeking behavior, diversion or substance use disorder;

2.12.1.e. Introduction to Medication for Opioid Use Disorder (MOUD) and training on the effectiveness of MOUD treatment including the use of full opioid agonist, partial opioid agonist, and opioid antagonists; and

2.12.1.f. Training on the impacts of stigma on treatment effectiveness including the concept of addiction as a chronic disease.

2.12.2. Responsible prescribing of controlled substances, including:

2.12.2.a. Compliance with state and federal controlled substances laws and rules, including the Opioid Reduction Act;

2.12.2.b. Registering with and utilization of the West Virginia Controlled Substances Monitoring Program established in West Virginia Code Chapter 60A, Article 9;

2.12.2.c. Epidemiology of chronic pain in West Virginia and misuse of opioids;

2.12.2.d. Indication for opioids in chronic pain treatment including general characteristics, toxicities and drug interactions;

2.12.2.e. Examination of patient evaluation and risk assessment and tools to assess risk and monitor benefits;

2.12.2.f. Initiation and ongoing management of chronic pain patients treated with opioid based therapies, including treatment objectives; monitoring and periodic review; referrals and consultations; informed consent; prescription of controlled substance agreements, urine screens and pill counts; patient education on safe use, storage and disposal of opioids; discontinuation of opioids for pain due to lack of benefits or increased risks; documentation and medical records;

2.12.2.g. Presentation of a case study of a patient with chronic pain; and

2.12.2.h. Best practices for managing patients with active prescriptions for more than one controlled substance.

2.12.3. Training on prescribing and administering an opioid antagonist.

2.13. "Website" or "Board's website" means the set of related web pages operated by or on behalf of the West Virginia Board of Medicine located at the domain name wvbom.wv.gov, or at any successor domain name published by the Board.

W. Va. Code R. § 11-6-2