Current through Register Vol. XLI, No. 25, June 21, 2024
Section 11-15-8 - Prescribing Authority and Limitations8.1. When prescribing to a patient via telemedicine, a telehealth provider shall prescribe within the prescriptive authority of the provider's profession in this state.8.2. A telehealth provider who provides health care to a patient solely through the use of telemedicine technologies is prohibited from prescribing a controlled substance listed in Schedule II of the Uniform Controlled Substance Act except under the following circumstances, which are authorized by W. Va. Code § 30-3-13a: 8.2.1. The patient is an established patient of the prescribing telehealth provider's group practice;8.2.2. The provider submits an order to dispense a Schedule II controlled substance to a hospital patient, other than in the emergency department, for immediate administration in a hospital; or8.2.3. The telehealth provider is treating patients who are minors, or if 18 years of age or older, who are enrolled in a primary or secondary education program and are diagnosed with intellectual or developmental disabilities, neurological disease, Attention Deficit Disorder, Autism, or a traumatic brain injury in accordance with guidelines as set forth by organizations such as the American Psychiatric Association, the American Academy of Child and Adolescent Psychiatry, or the American Academy of Pediatrics. The provider must maintain records supporting the diagnosis and the continued need of treatment.8.3. A telehealth provider who prescribes any medication listed in Schedules II though V of the Uniform Controlled Substance Act pursuant to a telehealth encounter with a patient at an originating site in West Virginia shall:8.3.1. Obtain and maintain online or other electronic access to the CSMP;8.3.2. Comply with all preconditions to prescribing identified in W. Va. Code § 60A-9-5a and the requirements set forth in 11 CSR 10;8.3.3. Maintain a record of the controlled substance prescribed and the diagnosis or basis for the prescription in the patient medical record;8.3.4. Comply with all prescribing protocols and prescribing limitations established in the Opioid Reduction Act, W. Va. Code § 16-54-1et seq; and8.3.5. Comply with all state and federal laws which govern the prescribing of controlled substances.8.4. A telehealth provider may not prescribe any drug with the intent of causing an abortion.