West Virginia Code of State Rules
Agency 69 - Health And Human Resources
Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES
Series 69-07 - Regulations of Opioid Treatment Programs
Section 69-7-15 - Administrative Organization of Opioid Treatment Programs
Universal Citation: 69 WV Code of State Rules 69-7-15
Current through Register Vol. XLI, No. 38, September 20, 2024
15.1. Each opioid treatment program shall identify a program sponsor, a governing body, an administrator, an advisory council and a peer review committee.
15.2. Program Sponsor.
15.2.a. The program sponsor is the person
named in the application for certification and licensure of an opioid treatment
program. The program sponsor shall agree on behalf of the opioid treatment
program to adhere to all requirements set forth in federal or state laws, rules
or regulations regarding the use of opioid treatment medications in the
treatment of opioid addiction.
15.2.b. The program sponsor is responsible
for the general establishment, certification, licensure and operation of the
opioid treatment program
15.2.c.
The program sponsor need not be a licensed physician. If the program sponsor is
not a licensed physician, the opioid treatment program shall employ a licensed
physician for the position of medical director.
15.3. Governing Body.
15.3.a. The governing body is one or more
persons identified by the program sponsor as being legally responsible for the
operation of the opioid treatment program. A governing body may be a board, a
single entity or owner or a partnership.
15.3.b. The governing body is responsible for
designation of an administrator of the opioid treatment program.
15.4. Program Administrator.
15.4.a. The administrator of the opioid
treatment program shall have at minimum a bachelor's degree in an appropriate
area of study and a minimum of four years of experience in the field of
substance abuse or a master's degree in an appropriate professional area of
study and a minimum of four years of experience in the field of behavioral
health.
15.4.b. The administrator
is responsible for the day-to-day operation of the opioid treatment program in
a manner consistent with the laws and regulations of the United States
Department of Health and Human Services, Drug Enforcement Administration, and
the laws and rules of the State of West Virginia.
15.4.c. Duties of the administrator include:
15.4.c.1. Development of policies and
procedures for operation of the facility;
15.4.c.2. Maintenance and security of the
facility;
15.4.c.3. Employment,
credentialing, evaluation, scheduling, training and management of
staff;
15.4.c.4. Protection of
patient rights;
15.4.c.5.
Conformity of the program with federal confidentiality regulations, namely, 42
CFR Part 2;
15.4.c.6. Security of
medication storage and safe handling of medications;
15.4.c.7. Management of the facility
budget;
15.4.c.8. Implementation of
governing body policy; and
15.4.c.9. Communication with the governing
body.
15.5. Advisory Council.
15.5.a. Each opioid
treatment program shall have an advisory council comprised of a designated
group of individuals to serve in a non-managerial advisory capacity to the
administrator and governing body. The advisory council shall consist of
individuals served by the program, at least one staff representative and
interested community representatives and/or advocates.
15.5.b. The advisory council shall not have
access to any patient identifying information. The staff liaison to the
administrator is responsible for ensuring that no identifying information is
provided to the advisory council.
15.5.c. The advisory council shall meet at
least quarterly during hours other than when patients are present in the
building and shall:
15.5.c.1. Review program
policies and procedures annually or as proposed for revision;
15.5.c.2. Review incidents and grievances
quarterly;
15.5.c.3. Review
administrative discharges quarterly;
15.5.c.4. Make recommendations for
operational changes or improvements;
15.5.c.5. Be trained in patient
confidentiality regulations;
15.5.c.6. Keep records of meetings and
describe business conducted, members present and members absent; and
15.5.c.7. Work to assist the opioid treatment
program in identifying, addressing and resolving community problems such as
traffic, patient loitering and medication diversion so as to ensure the program
operations do not adversely affect community life.
15.6. Peer Review Committee.
15.6.a. Each opioid treatment program shall
establish a peer review committee to review whether the program is following
protocols and guidelines from approved authorities. At least one member of the
peer review committee shall be a physician, preferably with documented training
and experience in the field of addiction treatment.
15.6.b. The peer review committee shall
evaluate the opioid treatment program at least once every four months to ensure
that it follows treatment guidelines from approved authorities. The review
shall consist of a survey of no less than twenty (20) randomly chosen active
clinical files. The survey shall be documented on a form approved by the
secretary.
15.6.c. The peer review
committee shall review the selected case files in order to determine whether
the opioid treatment program is in compliance with all applicable policies and
procedures regarding patient intake, assessment, treatment, detoxification,
maintenance and recovery.
15.6.d.
The peer review committee shall make a determination of the effectiveness of
existing policies and procedures and make recommendations to the governing body
for any changes that should be made. The peer review committee may also make
recommendations to the governing body for updates to policies and procedures in
accordance with updated and approved national standards and other factors
deemed relevant by the peer review committee.
15.6.e. The results of each peer review
committee evaluation shall be included in a report that is submitted to the
secretary on a quarterly basis.
Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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