Current through Register Vol. XLI, No. 50, December 13, 2024
Section 69-8-16 - License Revocations, Suspensions, and Denials16.1. Grounds for Suspension, Revocation, or Denial.16.1.1. The secretary may revoke, suspend, or deny a license issued pursuant to this rule if any provisions of federal or state law or this rule are violated. The secretary may revoke a license and prohibit all physicians associated with that pain management clinic from practicing at the clinic location based upon the findings and results of an annual or periodic inspection and evaluation. The period of suspension for the license of a pain management clinic shall be prescribed by the secretary but may not exceed one year.16.1.2. The secretary may revoke, or suspend, or deny a pain management clinic license for one of more of the following reasons:16.1.2.a. The secretary makes a determination that fraud or other illegal action has been committed by any owner of the pain management clinic;16.1.2.b. The pain management clinic has violated federal, state, or local law relating to licensure, building, health, fire protection, safety, sanitation, or zoning;16.1.2.c. The pain management clinic engages in practices that jeopardize the health, safety, welfare, or clinical treatment of a patient;16.1.2.d. The pain management clinic has failed or refused to submit reports or make records available as requested by the secretary;16.1.2.e. A pain management clinic has refused to provide access to its location or records as requested by the secretary;16.1.2.f. A pain management clinic's designated physician owner has knowingly and intentionally misrepresented actions taken to correct a violation;16.1.2.g. An owner or designated physician owner of a pain management clinic concurrently operates an unlicensed pain management clinic;16.1.2.h. A physician or any owner knowingly operates, owns, or manages an unlicensed pain management clinic that is required to be licensed;16.1.2.i. The owners of a licensed pain management clinic fail to apply for a new license for the clinic upon a change of ownership and operate the clinic under the new ownership;16.1.2.j. A physician or any owner acquires or attempts to acquire a license for a pain management clinic through misrepresentation or fraud or procures or attempts to procure a license for a pain management clinic for any other person by making or causing to be made any false representation; or16.1.2.k. The pain management clinic fails to have a licensed designated physician owner practicing at the location as required by this rule.16.2. Effect of Suspension, Revocation, or Denial. 16.2.1. If a license for a pain management clinic has been revoked, the secretary may stay the effective date of the revocation if the designated physician owner and administrator of the clinic can show that the stay is necessary to ensure appropriate referral and placement of patients.16.2.2. If the license of a pain management clinic is revoked, suspended, or denied no person, firm, association, or corporation may operate the facility as a pain management clinic as of the effective date of the suspension, revocation, or denial. The owners of the pain management clinic are responsible for removing all signs and symbols identifying the premises as a pain management clinic within 30 days from the date of the revocation, suspension, or denial.16.2.3. If a license for a pain management clinic has been revoked, suspended, or denied the clinic must supply, at a minimum, a copy of the following information to the secretary: 16.2.3.a. A closure notice to be mailed to all active patients meeting the guidelines set forth by their respective board;16.2.3.b. The date the closure letter will be mailed to all active patients;16.2.3.c. The number of active patients to receive the closure notice;16.2.3.d. A Class II legal advertisement that complies with the requirements of W. Va. Code §§ 59-3-1, et seq., regarding the clinic closure, including the dates the notice will appear and the name of the newspaper; and16.2.3.e. Contact information the clinic has supplied to patients who may need help locating a new treating physician or clinic.16.2.4. Upon the effective date of the suspension, revocation, or denial the designated physician owner of the pain management clinic shall advise the secretary and the Board of Pharmacy of the disposition of all drugs located on the premises. The disposition is subject to the supervision and approval of the secretary and the Drug Enforcement Agency. Drugs that are purchased or held by a pain management clinic that is not licensed may be deemed adulterated.16.2.5. If the license of a pain management clinic license is revoked or denied, a new application for a license shall be considered by the secretary if, when and after the conditions upon which revocation or denial was based have been corrected and evidence of this fact has been furnished. A new license may then be granted after proper inspection has been made and the secretary makes a written finding that all provisions of this article and rules promulgated pursuant to this article have been satisfied.