W. Va. Code R. § 11-10-4

Current through Register Vol. XLI, No. 44, November 1, 2024
Section 11-10-4 - General Rules for Practitioners for Patients Not Suffering from a Terminal Illness
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 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 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 twelve 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 twelve 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 substance, 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 twelve month period immediately preceding the date of access. The date of access and any controlled substances from any other source other than the current practitioner reported to the CSMP within such twelve month period immediately preceding the date of access shall be then promptly documented in the patient's medical record by the current practitioner, with rationale for continuing provision of the controlled substance 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.

W. Va. Code R. § 11-10-4