US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 West Virginia Code » Chapter 16. Public Health » Article 54. Opioid Reduction Act

§16-54-1. Definitions

As used in this section: “Acute pain” means a time limited pain caused by a specific disease or injury. “Chronic pain” means a noncancer, nonend of life pain lasting more than three months or longer than the duration of normal tissue healing. “Health care practitioner” or “practitioner” means: (1) A physician authorized pursuant to the […]

§16-54-2. Voluntary Nonopioid Advanced Directive Form

(a) The office shall establish a voluntary nonopioid advanced directive form. The form shall be available on the office’s web site. The form shall indicate to a health care practitioner that an individual may not be administered or offered a prescription or medication order for an opioid. The advance directive shall be filed in the […]

§16-54-3. Opioid Prescription Notifications

Prior to issuing a prescription for a Schedule II opioid drug, a practitioner shall: (1) Advise the patient regarding the quantity of the Schedule II opioid drug and a patients option to fill the prescription in a lesser quantity; and

§16-54-4. Opioid Prescription Limitations

(a) When issuing a prescription for a Schedule II opioid drug to an adult patient seeking treatment in an emergency room for outpatient use, a health care practitioner may not issue a prescription for more than a four-day supply: Provided, That a prescription for a Schedule II opioid drug issued to an adult patient in […]

§16-54-5. Subsequent Prescriptions; Limitations

(a) After issuing the initial Schedule II opioid drug prescription as set forth in §16-54-4 of this code, the practitioner, after consultation with the patient, may issue a subsequent prescription for a Schedule II opioid drug to the patient if: (1) The subsequent prescription would not be deemed an initial prescription pursuant to §16-54-4 of […]

§16-54-6. Ongoing Treatment; Referral to Pain Clinic or Pain Specialist

(a) At the time of the issuance of the third prescription for a Schedule II opioid drug the practitioner shall consider referring the patient to a pain clinic or a pain specialist. The practitioner shall discuss the benefits of seeking treatment through a pain clinic or a pain specialist and provide him or her with […]

§16-54-7. Exceptions

(a) This article does not apply to a patient who is currently in active treatment for cancer, receiving hospice care from a licensed hospice provider or palliative care provider, or is a resident of a long-term care facility. (b) This article does not apply to a patient being prescribed, or ordered, any medication in an […]

§16-54-8. Treatment of Pain

(a) When a patient seeks treatment, a health care practitioner shall refer or prescribe to the patient any of the following treatment alternatives, as is appropriate based on the practitioners clinical judgment and the availability of the treatment, before starting a patient on a Schedule II opioid drug: physical therapy, occupational therapy, acupuncture, massage therapy, […]

§16-54-9. Discipline

A violation of this article is grounds for disciplinary action by the board that regulates the health care practitioner who commits the violation.