W. Va. Code R. § 24-7-4

Current through Register Vol. XLI, No. 43, October 25, 2024
Section 24-7-4 - General Rules for Practitioners for Patients Not Suffering from a Terminal Illness
4.1. Prior to the initial provision of any Schedule II controlled substance, any opioid, or any benzodiazepine to any patient not considered by a practitioner to be suffering from a terminal illness, a practitioner shall apply for and receive capability to access the CSMP for purposes of compliance with this rule.
4.2. Prior to the initial provision of any Schedule II controlled substance, any opioid, or any benzodiazepine to a patient not considered by the current practitioner to be suffering from a terminal illness, a current practitioner is required to 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 visit of the patient to the current practitioner.
4.3. Upon accessing the CSMP prior to the initial provision of any Schedule II controlled substance, any opioid, or any benzodiazepine, the access and any controlled substances reported to the CSMP within the twelve-month period immediately preceding the visit of the patient shall be then promptly documented in the patient's medical record with rationale for provision of the Schedule II controlled substance, opioid, and/or benzodiazepine by the current practitioner, with a copy of the CSMP accessed report signed and dated by the current practitioner.
4.4. After the initial provision of any Schedule II controlled substance, any opioid, or any benzodiazepine, should the patient continue as a patient with the current practitioner, and the current practitioner continues to treat the patient with a controlled substance, the CSMP shall be accessed by the current practitioner 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 access. The 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 access shall be then promptly documented in the patient's medical record, with rationale for continuing provision of the controlled substance by the current practitioner, with a copy of the CSMP accessed report signed and dated by the current practitioner.
4.5. Nothing herein prohibits the CSMP from being accessed for a specific patient more frequently than annually by the current practitioner; however, upon any such additional access of the CSMP, controlled substances reported to the CSMP from any source other than the current practitioner shall be promptly documented in the patient's medical record, with rationale for provision of the controlled substance by the current practitioner, with a copy of the CSMP accessed report signed and dated by the current practitioner.

W. Va. Code R. § 24-7-4