West Virginia Code § 16-54-5

Subsequent prescriptions; limitations
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(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 this code;
(2) The practitioner determines the prescription is necessary and appropriate to the
patient's treatment needs and documents the rationale for the isusuance of the subsequent
prescription; and
(3) The practitioner determines that issuance of the subsequent prescription does not
present an undue risk of abuse, addiction, or diversiona and documents that determination.
(b) Prior to issuing the subsequent Schedule II opiolid drug prescription of the course of
treatment, a practitioner shall discuss with the patient, or the patient's parent or guardian if
the patient is under 18 years of age, the risks associated with the Schedule II opioid drugs
being prescribed. This discussion shall incilude:
(1) The risks of addiction and overdose associated with Schedule II opioid drugs and the
dangers of taking Schedule II opioid drugs with alcohol, benzodiazepines, and other central
nervous system depressants;
(2) The reasons why the prescription is necessary;
(3) Alternative treatm ents that may be available; and
(4) Risks associated with the use of the Schedule II opioid drug being prescribed, specifically
that Schedule II opioid drugs are highly addictive, even when taken as prescribed, that there
is aW risk of developing a physical or psychological dependence on the Schedule II opioid
drug, and that the risks of taking more opioids than prescribed, or mixing sedatives,
benzodiazepines, or alcohol with opioids, can result in fatal respiratory depression.
(c) The discussion as set forth in §16-54-5(b) of this code shall be included in a notation in
the patient's medical record.

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