West Virginia Code § 16-54-7

Exceptions
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(a) This article does not apply to a patient who is currently in active treatment for cancer,
receiving hospice care from a licensed hospice provider or palliative care provider, or is a
resident of a long-term care facility.
(b) This article does not apply to a patient being prescribed, or ordered, any medication in
an inpatient setting at a hospital.
(c) Notwithstanding the limitations on the prescribing of a Schedule II opioid drug contained
in §16-54-4 of this code, a practitioner may prescribe an initial seuven-day supply of a
Schedule II opioid drug to a post-surgery patient immediately following a surgical
procedure. Based upon the medical judgment of the practitioner, a subsequent prescription
may be prescribed by the practitioner pursuant to the provisions of this code. Nothing in this
section authorizes a practitioner to prescribe any medication which he or she is not
permitted to prescribe pursuant to their practice act.
(d) A practitioner who acquires a patient afters January 1, 2018, who is currently being
prescribed a Schedule II opioid drug from another practitioner is required to access the
Controlled Substances Monitoring Programi Database as set forth in §60A-9-1 et seq. of this
code. The practitioner shall otherwigse treat the patient as set forth in this code.
(e) This article does not apply to an existing practitioner-patient relationship established
before January 1, 2018, where there is an established and current opioid treatment plan
which is reflected in the patient's medical records.

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