W. Va. Code R. § 69-12-30

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 69-12-30 - Registration Denials, Revocations, and Suspensions

30.1. Grounds for Denial, Revocation or Suspension.

30.1.1. The Secretary may deny, revoke, or suspend a registration issued pursuant to this rule if any provisions of federal or state law or this rule are violated. The Secretary may revoke a registration and prohibit all program physicians associated with that OBMAT program from practicing at the program location based upon the findings and results of an annual, periodic, complaint, or other inspection and evaluation. The period of suspension for the registration of an OBMAT program shall be prescribed by the Secretary but may not exceed one year.

30.1.2. The Secretary may deny, revoke, or suspend an OBMAT program registration for one or more of the following reasons:

30.1.2.a. The Secretary makes a determination that fraud or other illegal action has been committed by any owner of the OBMAT program.

30.1.2.b. The OBMAT program has violated federal, state, or local law relating to registration, building, health, fire protection, safety, sanitation, or zoning;

30.1.2.c. The OBMAT program engages in practices that jeopardize the health, safety, welfare, or clinical treatment of a patient;

30.1.2.d. The OBMAT program has failed or refused to submit reports or makes records available as requested by the Secretary;

30.1.2.e. An OBMAT program has refused to provide access to its location or records as requested by the Secretary;

30.1.2.f. An OBMAT program's medical director has knowingly and intentionally misrepresented actions taken to correct a violation;

30.1.2.g. An owner or medical director of an OBMAT program concurrently operates an unregistered OBMAT program;

30.1.2.h. A program physician or any owner knowingly operates, owns, or manages an unregistered OBMAT program that is required to be registered;

30.1.2.i. The owners of an OBMAT program fail to apply for a new registration for the program upon a change of ownership and operate the program under the new ownership;

30.1.2.j. A program physician or any owner acquires or attempts to acquire a registration for an OBMAT program through misrepresentation or fraud or procures or attempts to procure a registration for an OBMAT program for any other person by making or causing to be made any false representation; or

30.1.2.k. The OBMAT program fails to have a medical director practicing at the program location as required by this rule.

30.2. Effect of Denial, Revocation, or Suspension.

30.2.1. If a registration for an OBMAT program has been revoked, the Secretary may stay the effective date of the revocation if the medical director, owner or owners, and administrator of the program can show that the stay is necessary to ensure appropriate referral and placement of patients.

30.2.2. If the registration of an OBMAT program is denied, revoked, or suspended, no person, firm, association, or corporation may operate the program as an OBMAT program as of the effective date of the denial, revocation, or suspension. The owners of the OBMAT program are responsible for removing all signs and symbols identifying the premises as an OBMAT program within 30 days form the date of the denial, revocation, or suspension.

30.2.3. If a registration for an OBMAT program has been denied, revoked, or suspended the program must supply, at a minimum, a copy of the following information to the Secretary;

30.2.3.a. A closure notice to be mailed to all active patients meeting the guidelines set forth by its respective medical board;

30.2.3.b. The date the closure letter will be mailed to all active patients;

30.2.3.c. The number of active patients to receive the closure notice;

30.2.3.d. A Class II legal advertisement that complies with the requirements of article 3, chapter 59 of the West Virginia Code regarding the program closure, including the dates the notice will appear and the name of the newspaper; and

30.2.3.e. Contact information the program has supplied to patients who may need help locating a new treating physician or program.

30.2.4. Upon the effective date of the denial, revocation, or suspension the medical director of the OBMAT program shall advise the Secretary and the West Virginia Board of Pharmacy of the disposition of all drugs located on the premises. The disposition is subject to the supervision and approval of the Secretary and the DEA. Drugs that are purchased or held by an unregistered OBMAT program may be deemed adulterated.

30.2.5. If the registration of an OBMAT program is revoked or suspended, no person named in the registration documents of the program, including persons owning or operating the OBMAT program, may apply to own, register, or operate another OBMAT program for five years after the date of revocation or suspension, either individually or as part of a group practice, firm, association, or corporation.

30.2.6. If an OBMAT program registration is denied or revoked, a new application for registration shall be considered by the Secretary, if, when and after the conditions upon which denial or revocation was based have been corrected and evidence of this fact has been furnished. A new registration may then be granted after proper inspection has been made and the Secretary makes a written finding that all provisions of this article and rules promulgated pursuant to this article have been satisfied.

W. Va. Code R. § 69-12-30