West Virginia Code of State Rules
Agency 69 - Health And Human Resources
Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES
Series 69-12 - Medication-Assisted Treatment - Office-Based Medication-Assisted Treatment
Section 69-12-7 - Administrative Organization and Management of OBMAT Programs
Universal Citation: 69 WV Code of State Rules 69-12-7
Current through Register Vol. XLI, No. 38, September 20, 2024
7.1. Each OBMAT program shall identify a program administrator, medical director, program physician(s), and, if applicable, counseling staff.
7.2. Program Administrator.
7.2.1. The
administrator of an OBMAT program shall have at a minimum a bachelor's degree
in an appropriate area of study and a minimum of two years of experience in the
fields of substance use disorders, behavioral health, or health care
administration; or a master's degree in an appropriate professional area of
study; or six years of experience in the fields of substance use disorders,
behavioral health, or health care administration; or be a program
physician.
7.2.2. The administrator
is responsible for the day-to-day operation of the OBMAT program in a manner
consistent with the laws and regulations of the United States Department of
Health and Human Services, Drug Enforcement Administration (DEA), and the laws
and rules of the state of West Virginia.
7.2.3. Duties of the administrator include:
7.2.3.a. Contribution to the development of
policies and procedures for operation of the program;
7.2.3.b. Maintenance and security of the
facility;
7.2.3.c. Employment,
credentialing, evaluation, scheduling, training, and management of
staff;
7.2.3.d. Protection of
patient rights;
7.2.3.e. Conformity
of the program with federal confidentiality regulations, namely, 42 C.F.R. Part
2;
7.2.3.f. Security of medication
storage and safe handling of medications;
7.2.3.g. Contribution to the management of
the facility budget;
7.2.3.h.
Implementation of program policies and procedures;
7.2.3.i. Communication with the medical
director; and
7.2.3.j. Maintenance
of documentation regarding the medical director's training and experience in a
file that is current and readily available at all times.
7.3. Medical Director.
7.3.1. Each OBMAT program shall have a
designated medical director. The medical director shall
7.3.1.a. Have a full, active, and
unencumbered license to practice allopathic medicine or surgery from the West
Virginia Board of Medicine or to practice osteopathic medicine or surgery from
the West Virginia Board of Osteopathic Medicine in this state.
7.3.1.b. Complete the requirements for Drug
Addiction Treatment Act of 2000,
Pub. L.
106-310, 114 Stat. 1101, Title XXXV,
§§3501, et seq., (2000) if he or she prescribes
partial opioid agonist; and
7.3.1.c. Demonstrate experience in substance
use disorder treatment or medication-assisted treatment or have a written plan,
not to exceed 12 months, to attain competence in substance use disorder
treatment or medication-assisted treatment.
7.3.2. The medical director shall maintain
authority over the medical aspects of treatment offered by the OBMAT program.
The medical director is responsible for:
7.3.2.a. Operation of all medical aspects of
the treatment program;
7.3.2.b.
Administration and supervision of all medical services;
7.3.2.c. Compliance with all applicable
federal, state, and local laws, rules, and regulations;
7.3.2.d. Maintenance of his or her continuing
medical education in the field of substance use disorder treatment and
medication-assisted treatment on a documented and ongoing basis;
7.3.2.e. Approval of the basic and continuing
education programs of all staff employed by or volunteering at the OBMAT
program; and
7.3.2.f. Determination
of the ability of the program physicians and physician extenders to work
independently within the applicable scope of practice.
7.3.3. The medical director shall ensure
regulatory compliance and carry out those duties specifically assigned to the
medical director. Nothing in this rule prohibits an OBMAT from designating
co-medical directors.
7.3.4. Within
10 days after the withdrawal or termination of the medical director, the owner
or owners of the program shall notify the Secretary of the identity of another
medical director for the program. Another licensed physician shall assume the
duties of the medical director on a temporary basis, not to exceed 60 days,
until a new medical director is identified and begins work at the program. The
interim physician may be another owner of the program or a program physician
employed by or associated with the program.
7.4. Professional Medical Staff.
7.4.1. The OBMAT program may employ and use
program physicians, physician extenders, and other health care professionals
working within their scope of practice who have received sufficient education,
training, experience, or any combination thereof, to enable that person to
perform the assigned functions. All physicians, nurses, and other licensed
professional care providers must comply with the credentialing requirements of
their respective professions.
7.4.2. All physicians and physician extenders
employed by the OBMAT program shall be actively licensed in West Virginia and
shall have:
7.4.2.a. A minimum of one year of
experience in substance use disorder treatment and medication-assisted
treatment settings; or
7.4.2.b.
Meet the following requirements:
7.4.2.b.1.
Active enrollment in a plan of education for obtaining competence in
medication-assisted treatment methods and substance use disorders that is
approved by the medical director. The medical director shall certify the
individual's completion of the plan of education when, in the discretion of the
medical director, it is satisfactorily accomplished; and
7.4.2.b.2. Completion of the certification,
training programs or continuing education programs recommended and approved by
the medical director of the OBMAT program.
7.4.3. During all hours of operation, every
OBMAT program shall have an actively licensed program physician on call and
available for consultation with other staff members at any time.
7.4.4. During all hours of operation, when
parties are being medically treated, every OBMAT program shall have present and
on duty at the program at least one of the following actively-licensed health
care professionals:
7.4.4.a.
Physician;
7.4.4.b. Physician
assistant;
7.4.4.c. Advanced
practice registered nurse; or
7.4.4.d. Registered nurse.
7.4.5. Plans of Education.
7.4.5.a. Program physicians and physician
extenders operating under a plan of education shall be supervised by the
medical director at a frequency appropriate for the qualifications and
experience of the employee.
7.4.5.b. The program administrator or his or
her designee shall document when an employee undertakes a plan of education,
maintain all records regarding plans of education for the professional medical
staff, and ensure that the medical director monitors and certifies satisfactory
completion of each plan of education.
7.4.5.c. The medical director shall approve
each plan of education and the ability of a program physician or physician
extender to work independently within his or her scope of practice. The medical
director shall document an employee's successful completion of a plan of
education and approval to provide services on an independent basis within his
or her scope of practice.
7.4.5.d.
The state opioid treatment authority may request periodic documentation of
continuing education during the probationary period and afterward if the
documentation provided at the end of that period is not satisfactory.
7.5. Counseling Staff.
7.5.1. Counseling through an OBMAT program
shall be provided by counseling staff that meet the qualifications as described
in W. Va. Code §16-5Y-5(d).
7.5.2. The OBMAT program shall assign or make
referral to a primary counselor or counseling service for each patient to
contribute to the appropriate treatment plan for the patient and to monitor
patient progress.
7.5.3. Each OBMAT
program's policies and procedures shall ensure sufficient counseling staff to
meet the needs of the patient population and to comply with the requirements of
this rule.
7.5.4. Any unlicensed or
uncertified counseling staff employed or used on a referral basis by the
program shall be directly supervised by a licensed or certified professional or
advanced alcohol and drug counselor, or both. At a minimum, the supervisor
shall provide at least one hour of supervision per 20 hours of direct service.
Supervision may be group in nature but must consist of case consultation and
discussion or clinical training rather than administrative oversight.
7.5.5. Newly employed counselors and other
non-physician clinical staff without experience in a recovery-based OBMAT
program shall receive initial training lasting at least 12 hours as prescribed
in a facility practice and procedures guide and consisting of, at a minimum,
the following:
7.5.5.a. Substance use disorder
overview;
7.5.5.b. Characteristics
of the substance use disorder population;
7.5.5.c. Program policy and
procedure;
7.5.5.d. Confrontation,
de-escalation, and anger management;
7.5.5.e. Current strategies for identifying
and treating alcohol, cocaine, and other substance use disorders; and
7.5.5.f. Identification of co-occurring
behavioral health or developmental disorders.
7.5.6. An experienced counselor newly
employed from another MAT program may be exempt from the mandatory initial
training required by this rule, if the mandatory initial training has been
received within the previous two years. If training was received more than two
years prior to employment, six hours of training shall be provided.
7.5.7. Counselors with less than one year of
full-time experience in the field of substance use disorder treatment and
medication-assisted treatment shall accompany an experienced counselor at all
times for a minimum of two weeks before seeing persons served without immediate
and constant supervision.
7.6. Unlicensed Clinical Staff and Volunteers.
7.6.1. An OBMAT program may employ
unlicensed clinical staff and utilize volunteers to assist in the operation of
the program and facility. The program shall develop and implement policies and
procedures which specify the roles and responsibilities of each unlicensed
employee and volunteer. Documentation of the responsibilities, training, and
other obligations of an unlicensed clinical staff employee or volunteer shall
be included in the personnel file of the employee or volunteer.
7.6.2. All unlicensed clinical staff and
volunteers shall receive direct on-site supervision and must be provided with
assistance, directions for activity and support.
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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