Current through Register Vol. XLI, No. 24, June 14, 2024
Section 15-1-23 - West Virginia Official Prescription Paper Program Rules23.1. The purpose of this section is to establish rules for the West Virginia official prescription paper program set forth at West Virginia Code Section 30-5-7(a)(32) for use in writing prescriptions by practitioners.23.2. Minimum Requirements of West Virginia Official Prescription Paper. The prescription paper shall contain the following security features:23.2.1. shall meet all requirements issued by the Center for Medicare and Medicaid Services for a written prescription for controlled substances as required by Section 2002(b) of PL. 110-28 of the Iraq War Supplemental Appropriations Bill enacted by the United States Congress in 2007;23.2.2. shall contain six (6) quantity check-off boxes printed on the form and in the following quantities shall appear:23.2.2.f. 151 and over: Provided That, if the blank has the quantity prescribed electronically printed in both numeric and word format, then the quantity check-off boxes shall not be necessary;
23.2.3. shall contain space for the prescriber to indicate number of refills, if any, or to indicate no refills;23.2.4. shall provide space for the patient's name and address, the prescribing practitioner's signature;23.2.5. shall provide space for the preprinted, stamped, typed, or manually printed name, address and telephone number of the prescribing practitioner, and the practitioner's DEA registration number and NPI number; Provided that, if a practitioner does not have authority to prescribe controlled substances, then no DEA number shall be required, and, instead, the following statement shall be printed: "No Controlled Substances Authority"; and, Provided further that, if a practitioner is a veterinarian, no NPI number shall be required;23.2.6. shall contain the following statement printed on the bottom of the prescription blank: "This prescription may be filled with a generically equivalent drug product unless the words 'Brand Medically Necessary' are written in the practitioner's own handwriting, on this prescription form.".23.3. Practitioners licensed to practice in this State may purchase West Virginia Official Prescription Paper as per individual orders from any vendor(s) which produces or supplies compliant West Virginia Official Prescription Paper.23.4. On and after July 1, 2016, every written prescription written in West Virginia by a practitioner shall be written on West Virginia Official Prescription Paper. A pharmacist may not fill a written prescription from a West Virginia practitioner unless issued upon West Virginia Official Prescription Paper, except that a pharmacist may provide emergency supplies in accordance with the relevant laws and rules for emergency dispensing or other insurance contract requirements. Nothing in this section shall be construed to impact regulations regarding verbal, facsimile, electronic, or out-of-state prescription practices.23.5. Practitioners; control and reporting of West Virginia Official Prescription Paper. 23.5.1. Adequate safeguards and security measures shall be undertaken by practitioners holding West Virginia Official Prescription Paper to assure against the loss, destruction, theft or unauthorized use of the forms. The forms may be used only by the practitioner to whom they are issued and are not transferable.23.5.2. The Practitioner must also notify the vendor of any failure to receive West Virginia Official Prescription Paper within a reasonable time after ordering it. Further, practitioners must immediately notify the Board and vendor in writing of the loss through destruction, theft or loss, or unauthorized use of any Official Prescription Paper blanks, including:23.5.2.a. Estimated number of blanks affected;23.5.2.b. Control numbers if available; and23.5.2.c. Suspected reason for destruction, theft, or loss.23.5.3. West Virginia Official Prescription Paper does not have to come pre-printed from a vendor, but may also be created at the point of prescribing with software-generated prescriptions by printing on plain paper with secure technology accessible only by the prescriber and his or her authorized agent that results in a tamper resistant prescription as required by subsection 23.3 of this section.