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Home » US Law » 2022 West Virginia Code » Chapter 16. Public Health » Article 5Y. Medication-Assisted Treatment Program Licensing Act

§16-5Y-1. Purpose

The purpose of this act is to establish licensing and registration requirements for facilities and physicians that treat patients with substance use disorders to ensure that patients may be lawfully treated by the use of medication and drug screens, in combination with counseling and behavioral therapies, to provide a holistic approach to the treatment of […]

§16-5Y-10. Advertisement Disclosure

Any advertisement made by or on behalf of a medication-assisted treatment program through public media, such as a telephone directory, medical directory, newspaper or other periodical, outdoor advertising, radio or television, or through written or recorded communication, concerning the treatment of substance use disorders, as defined in section two of this article, shall include the […]

§16-5Y-11. State Opioid Treatment Authority

(a) Prior to establishing, operating, maintaining or advertising a medication-assisted treatment program within this state, a medication-assisted treatment program shall be approved by the state opioid treatment authority for operation of a medication-assisted treatment program in this state. (b) The state opioid treatment authority shall act as the state’s coordinator for the development and monitoring […]

§16-5Y-12. Moratorium; Certificate of Need

There is a moratorium on the licensure of new opioid treatment programs which do not have a certificate of need as of the effective date of the enactment of this section during the 2016 regular session of the Legislature which shall continue until the Legislature determines that there is a necessity for additional opioid treatment […]

§16-5Y-13. Rules; Minimum Standards for Medication-Assisted Treatment Programs

(a) The secretary shall promulgate rules in accordance with the provisions of chapter twenty-nine-a of this code for the licensure of medication-assisted treatment programs to ensure adequate care, treatment, health, safety, welfare and comfort of patients at these facilities. These rules shall include, at a minimum: (1) The process to be followed by applicants seeking […]

§16-5Y-2. Definitions

“Addiction” means a primary, chronic disease of brain reward, motivation, memory, and related circuitry. Dysfunction in these circuits leads to characteristic biological, psychological, social, and spiritual manifestations which is reflected in an individual pathologically pursuing reward or relief by substance use, or both, and other behaviors. Addiction is characterized by inability to consistently abstain; impairment […]

§16-5Y-3. Opioid Treatment Programs to Obtain License; Application; Fees and Inspections

(a) No person, partnership, association or corporation may operate an opioid treatment program without first obtaining a license from the secretary in accordance with the provisions of this article and the rules lawfully promulgated pursuant to this article. (b) Any person, partnership, association or corporation desiring a license to operate an opioid treatment program in […]

§16-5Y-4. Office-Based, Medication-Assisted Treatment Programs to Obtain Registration; Application; Fees and Inspections

(a) No person, partnership, association, or corporation may operate an office-based, medication-assisted treatment program without first obtaining a registration from the secretary in accordance with the provisions of this article and the rules lawfully promulgated pursuant to this article. (b) Any person, partnership, association, or corporation desiring a registration to operate an office-based, medication-assisted treatment […]

§16-5Y-5. Operational Requirements

(a) The medication-assisted treatment program shall be licensed and registered in this state with the secretary, the Secretary of State, the State Tax Department, and all other applicable business or licensing entities. (b) The program sponsor need not be a licensed physician but shall employ a licensed physician for the position of medical director, when […]

§16-5Y-6. Restrictions; Variances and Waivers

(a) A medication-assisted treatment program shall not be located, operated, managed or owned at the same location where a chronic pain management clinic licensed and defined in article five-h, chapter sixteen of this code is located. (b) Medication-assisted treatment programs shall not have procedures for offering a bounty, monetary, equipment, or merchandise reward, or free […]

§16-5Y-7. Inspection; Inspection Warrant

(a) The Office of Health Facility Licensure and Certification shall inspect each opioid treatment program annually, including a review of the patient records, to ensure that the program complies with this article and the applicable rules. A pharmacist, employed or contracted by the secretary, licensed in this state, and a law-enforcement officer may be present […]

§16-5Y-8. License and Registration Limitation; Denial; Suspension; Revocation

(a) The secretary may, by order, impose a ban on the admission of patients or reduce the patient capacity of the medication-assisted treatment program, or any combination thereof, when he or she finds upon inspection of the medication-assisted treatment program that the licensee or registrant is not providing adequate care under the medication-assisted treatment program’s […]

§16-5Y-9. Violations; Penalties; Injunction

(a) Any person, partnership, association or corporation which establishes, conducts, manages or operates a medication-assisted treatment program without first obtaining a license or registration as herein provided, or who violates any provisions of this article or any rule lawfully promulgated pursuant to this article, shall be assessed a civil penalty by the secretary in accordance […]