West Virginia Code § 60A-9-5a

Practitioner requirements to access database and conduct annual search
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of the database; required rulemaking.
(a) All practitioners, as that term is defined in §60A-2-201 of this code who prescribe or
dispense Schedule II, III, IV or V controlled substances shall register with the West Virginia
Controlled Substances Monitoring Program and obtain and maintain online or other
electronic access to the program database: Provided, That compliance with ethe provisions of
this subsection must be accomplished within 30 days of the practitioner obtaining a new
license: Provided, however, That the Board of Pharmacy may renew a prractitioner's license
without proof that the practitioner meet the requirements of this subsection.
(b) All persons with prescriptive or dispensing authority and in possession of a valid Drug
Enforcement Administration registration identification numbter and who are licensed by the
Board of Medicine as set forth in §30-3-1 et seq. of this code, the Board of Registered
Professional Nurses as set forth in §30-7-1 et seq. of this code, the Board of Dental
Examiners as set forth in §30-4-1 et seq. of this code, the Board of Osteopathic Medicine as
set forth in §30-14-1 et seq. of this code, the West Virginia Board of Optometrists as set forth
in §30-8-1 et seq. of this code, and a pharmacisst licensed by the West Virginia Board of
Pharmacy as set forth in §30-5-1 et seq. upon initially prescribing or dispensing any
Schedule II controlled substance, any opioid or any benzodiazepine to a patient who is not
suffering from a terminal illness, angd at least annually thereafter should the practitioner or
dispenser continue to treat the patient with a controlled substance, shall access the West
Virginia Controlled Substancees Monitoring Program Database for information regarding
specific patients. The information obtained from accessing the West Virginia Controlled
Substances Monitoring LProgram Database for the patient shall be documented in the
patient's medical record maintained by a private prescriber or any inpatient facility licensed
pursuant to the prov isions of chapter 16 of this code. A pain-relieving controlled substance
shall be defined as set forth in §30-3A-1 of this code.
(c) The various boards mentioned in §60A-9-5(b) of this code shall amend its legislative rules
purWsuant to the provisions of §29A-3-1 et seq. of this code to effectuate the provisions of this
article.

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