West Virginia Code of State Rules
Agency 69 - Health And Human Resources
Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES
Series 69-11 - Medication-Assisted Treatment - Opioid Treatment Programs
Section 69-11-37 - Licensure Denials, Revocations and Suspensions
Universal Citation: 69 WV Code of State Rules 69-11-37
Current through Register Vol. XLI, No. 38, September 20, 2024
37.1. Grounds for Denial, Revocation or Suspension.
37.1.a. The Secretary may deny,
revoke or suspend a license issued pursuant to this rule if any provisions of
federal or state law or this rule are violated. The Secretary may revoke a
license and prohibit all program physicians associated with that MAT 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 license of a MAT program shall be prescribed by the
Secretary, but may not exceed one year.
37.1.b. The Secretary may deny, revoke or
suspend a MAT program license for one or more the following reasons:
37.1.b.1. The Secretary makes a determination
that fraud or other illegal action has been committed by any owner of the MAT
program.
37.1.b.2. The MAT program
has violated federal, state or local law relating to licensure, registration,
building, health, fire protection, safety, sanitation or zoning;
37.1.b.3. The MAT program engages in
practices that jeopardize the health, safety, welfare or clinical treatment of
a patient;
37.1.b.4. The MAT
program has failed or refused to submit reports or make records available as
requested by the Secretary;
37.1.b.5. A MAT program has refused to
provide access to its location or records as requested by the
Secretary;
37.1.b.6. A MAT
program's medical director has knowingly and intentionally misrepresented
actions taken to correct a violation;
37.1.b.7. An owner or medical director of a
MAT program concurrently operates an unlicensed MAT program;
37.1.b.8. A program physician or any owner
knowingly operates, owns or manages an unlicensed MAT program that is required
to be licensed;
37.1.b.9. The
owners of a MAT program fail to apply for a new license for the program upon a
change of ownership and operate the program under the new ownership;
37.1.b.10. A program physician or any owner
acquires or attempts to acquire a license for a MAT program through
misrepresentation or fraud or procures or attempts to procure a license for a
MAT program for any other person by making or causing to be made any false
representation; or
37.1.b.11. The
MAT program fails to have a medical director practicing at the program location
as required by this rule.
37.2. Effect of Denial, Revocation or Suspension.
37.2.a. If a license for a MAT
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.
37.2.b. If
the license of a MAT program is denied, revoked or suspended, no person, firm,
association or corporation may operate the program as a MAT program as of the
effective date of the denial, revocation or suspension. The owners of the MAT
program are responsible for removing all signs and symbols identifying the
premises as a MAT program within thirty days from the date of the denial,
revocation or suspension.
37.2.c.
If a license for a MAT program has been denied, revoked or suspended the
program must supply, at a minimum, a copy of the following information to the
Secretary:
37.2.c.1. A closure notice to be
mailed to all active patients meeting the guidelines set forth by its
respective medical board;
37.2.c.2.
The date the closure letter will be mailed to all active patients;
37.2.c.3. The number of active patients to
receive the closure notice;
37.2.c.4. 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
37.2.c.5. Contact information the program has
supplied to patients who may need help locating a new treating physician or
program.
37.2.d. Upon the
effective date of the denial, revocation or suspension the medical director of
the MAT 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 a MAT program that is not licensed may
be deemed adulterated.
37.2.e. If
the license of a MAT program is revoked or suspended, no person named in the
licensing documents of the program, including persons owning or operating the
MAT program, may apply to own, license, register or operate another MAT program
for five years after the date of revocation or suspension, either individually
or as part of a group practice, firm, association or corporation.
37.2.f. If a MAT program license is denied or
revoked, a new application for license shall be considered by the Secretary,
if, when after the conditions upon which denial or revocation was based have
been corrected and evidence of this fact has been furnished. A new license 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.
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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