WEST virginia legislature

2021 regular session

Introduced

House Bill 2087

By Delegate Rohrbach

[Introduced February 10, 2021; Referred to the Committee on Prevention and Treatment of Substance Abuse then Finance]

A BILL to amend and reenact §16-5Y-7 of the Code of West Virginia, 1931, as amended, relating to requiring the Office of Health Facility Licensure and Certification to inspect office-based medication-assisted treatment programs at least every 24 months.

Be it enacted by the Legislature of West Virginia:

Article 5Y.  medication-assisted treatment PROGRAM licensing act.

§16-5Y-7.  Inspection; inspection warrant.

(a) (1) The Office of Health Facility Licensure and Certification shall inspect each:

(A) Opioid treatment program annually; and

(B) Office-based medication-assisted treatment program at least every 24 months.

including (2) Inspections shall include a review of the patient records, to ensure that the program complies with this article and the applicable rules.  A pharmacist, employed or contracted by the secretary, licensed in this state, and a law-enforcement officer may be present at each inspection.

(b) The Office of Health Facility Licensure and Certification shall perform unannounced complaint and verification inspections at office-based medication-assisted treatment programs, including a review of the patient records, to ensure that the program complies with this article and the applicable rules.  A pharmacist, employed or contracted by the secretary, licensed in this state and a law-enforcement officer may be present at each inspection.

(c) During an onsite inspection, the inspectors shall make a reasonable attempt to discuss each violation with the medical director or other owners of the medication-assisted treatment program before issuing a formal written notification.

(d) Any action taken to correct a violation shall be documented in writing by the medical director or other owners of the medication-assisted treatment program and may be verified by follow-up visits by the Office of Health Facility Licensure and Certification.

(e) Notwithstanding the existence or pursuit of any other remedy, the secretary may, in the manner provided by law, maintain an action in the name of the state for an inspection warrant against any person, partnership, association or corporation to allow any inspection or seizure of records in order to complete any inspection allowed by this article or the rules promulgated pursuant to this article, or to meet any other purpose of this article or the rules promulgated pursuant to this article.

(f) When possible, inspections for annual certification and licensure by the medication-assisted treatment programs will be done consecutively or concurrently.  However, this provision does not limit the ability to conduct unannounced inspections pursuant to a complaint.

NOTE: The purpose of this bill is to require the Office of Health Facility Licensure and Certification to inspect office-based medication-assisted treatment programs at least every 24 months.

Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.