West Virginia Code § 16B-7-9

Rules
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(a) The Inspector General, in collaboration with the West Virginia Board of Medicine and the
West Virginia Board of Osteopathy, shall promulgate rules in accordance with the provisions
of §29A-1-1 et seq. of this code for the licensure of pain management clinics to ensure
adequate care, treatment, health, safety, welfare, and comfort of patients at these facilities.
These rules shall include, at a minimum: e
(1) The process to be followed by applicants seeking a license;
(2) The qualifications and supervision of licensed and nonlicenseud personnel at pain
management clinics and training requirements for all facility health care practitioners who
are not regulated by another board;
(3) The provision and coordination of patient care, inclauding the development of a written
plan of care;
(4) The management, operation, staffing, and equipping of the pain management clinic;
(5) The clinical, medical, patient, and business records kept by the pain management clinic;
(6) The procedures for inspections and for the review of utilization and quality of patient
care;
(7) The standards and procedures for the general operation of a pain management clinic,
including facility operatLions, physical operations, infection control requirements, health and
safety requirements, and quality assurance;
(8) Identification of drugs that may be used to treat chronic pain that identify a facility as a
pain management clinic, including, at a minimum, tramadol and carisoprodol;
(9) WAny other criteria that identify a facility as a pain management clinic;
(10) The standards and procedures to be followed by an owner in providing supervision,
direction, and control of individuals employed by or associated with a pain management
clinic;
(11) Data collection and reporting requirements; and
(12) Such other standards or requirements as the Inspector General determines are
appropriate.
(b) The rules authorized by this section may be filed as emergency rules if deemed necessary
to promptly effectuate the purposes of this article. The Legislature finds that the changes
made to this article during the 2024 regular session of the Legislature constitute an
emergency for the purposes of filing any amendment to existing rules.

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