Current through Register Vol. XLI, No. 50, December 13, 2024
Section 69-7-15 - Administrative Organization of Opioid Treatment Programs15.1. Each opioid treatment program shall identify a program sponsor, a governing body, an administrator, an advisory council and a peer review committee.15.2. Program Sponsor. 15.2.a. The program sponsor is the person named in the application for certification and licensure of an opioid treatment program. The program sponsor shall agree on behalf of the opioid treatment program to adhere to all requirements set forth in federal or state laws, rules or regulations regarding the use of opioid treatment medications in the treatment of opioid addiction.15.2.b. The program sponsor is responsible for the general establishment, certification, licensure and operation of the opioid treatment program15.2.c. The program sponsor need not be a licensed physician. If the program sponsor is not a licensed physician, the opioid treatment program shall employ a licensed physician for the position of medical director.15.3. Governing Body. 15.3.a. The governing body is one or more persons identified by the program sponsor as being legally responsible for the operation of the opioid treatment program. A governing body may be a board, a single entity or owner or a partnership.15.3.b. The governing body is responsible for designation of an administrator of the opioid treatment program.15.4. Program Administrator. 15.4.a. The administrator of the opioid treatment program shall have at minimum a bachelor's degree in an appropriate area of study and a minimum of four years of experience in the field of substance abuse or a master's degree in an appropriate professional area of study and a minimum of four years of experience in the field of behavioral health.15.4.b. The administrator is responsible for the day-to-day operation of the opioid treatment program in a manner consistent with the laws and regulations of the United States Department of Health and Human Services, Drug Enforcement Administration, and the laws and rules of the State of West Virginia.15.4.c. Duties of the administrator include: 15.4.c.1. Development of policies and procedures for operation of the facility;15.4.c.2. Maintenance and security of the facility;15.4.c.3. Employment, credentialing, evaluation, scheduling, training and management of staff;15.4.c.4. Protection of patient rights;15.4.c.5. Conformity of the program with federal confidentiality regulations, namely, 42 CFR Part 2;15.4.c.6. Security of medication storage and safe handling of medications;15.4.c.7. Management of the facility budget;15.4.c.8. Implementation of governing body policy; and15.4.c.9. Communication with the governing body.15.5. Advisory Council. 15.5.a. Each opioid treatment program shall have an advisory council comprised of a designated group of individuals to serve in a non-managerial advisory capacity to the administrator and governing body. The advisory council shall consist of individuals served by the program, at least one staff representative and interested community representatives and/or advocates.15.5.b. The advisory council shall not have access to any patient identifying information. The staff liaison to the administrator is responsible for ensuring that no identifying information is provided to the advisory council.15.5.c. The advisory council shall meet at least quarterly during hours other than when patients are present in the building and shall: 15.5.c.1. Review program policies and procedures annually or as proposed for revision;15.5.c.2. Review incidents and grievances quarterly;15.5.c.3. Review administrative discharges quarterly;15.5.c.4. Make recommendations for operational changes or improvements;15.5.c.5. Be trained in patient confidentiality regulations;15.5.c.6. Keep records of meetings and describe business conducted, members present and members absent; and15.5.c.7. Work to assist the opioid treatment program in identifying, addressing and resolving community problems such as traffic, patient loitering and medication diversion so as to ensure the program operations do not adversely affect community life.15.6. Peer Review Committee. 15.6.a. Each opioid treatment program shall establish a peer review committee to review whether the program is following protocols and guidelines from approved authorities. At least one member of the peer review committee shall be a physician, preferably with documented training and experience in the field of addiction treatment.15.6.b. The peer review committee shall evaluate the opioid treatment program at least once every four months to ensure that it follows treatment guidelines from approved authorities. The review shall consist of a survey of no less than twenty (20) randomly chosen active clinical files. The survey shall be documented on a form approved by the secretary.15.6.c. The peer review committee shall review the selected case files in order to determine whether the opioid treatment program is in compliance with all applicable policies and procedures regarding patient intake, assessment, treatment, detoxification, maintenance and recovery.15.6.d. The peer review committee shall make a determination of the effectiveness of existing policies and procedures and make recommendations to the governing body for any changes that should be made. The peer review committee may also make recommendations to the governing body for updates to policies and procedures in accordance with updated and approved national standards and other factors deemed relevant by the peer review committee.15.6.e. The results of each peer review committee evaluation shall be included in a report that is submitted to the secretary on a quarterly basis.