Current through Register Vol. XLI, No. 50, December 13, 2024
Section 69-8-2 - Definitions2.1. Definitions incorporated by reference. -- Those terms defined in W. Va. Code §§ 16-5H-1, et seq., are incorporated herein by reference.2.2. Administer -- The direct application of a drug to the body of a patient by injection, inhalation, ingestion or any other means.2.3. Administrator -- The individual responsible for the day-to-day non-clinical, business operation of the pain management clinic. The individual shall be qualified by education and training as specified in a job description developed by the owners.2.4. Adverse Events or Incidents -- An occurrence that may involve an immediate threat to the care or safety of an individual, whether staff member, visitor or patient; an event or circumstance that could have or did lead to harm, loss, or damage to patients or staff.2.5. Associate -- Any person, firm or corporation that is associated with a pain management clinic through employment, an independent contract, assignment, internship, or other such arrangement that provides access to the clinic, patient records, or medications.2.6. Clinic Staff -- All persons who work at or for a pain management clinic, paid or unpaid. Staff members may include owners, employees, associates, volunteers, or contracted agents.2.7. Complaint or Grievance -- A verbal or written statement made by any person and filed with the clinic administrator or a state agency alleging inadequate or inappropriate service on the part of a pain management clinic.2.8. Controlled Substances Monitoring Program Database -- The database maintained by the West Virginia Board of Pharmacy that monitors and tracks controlled substances prescribed and dispensed by prescribing practitioners or pharmacists in West Virginia.2.9. Criminal Records Check -- An investigation of criminal records from law enforcement agencies and the Federal Bureau of Investigation. 2.10. Designated Physician Owner -- An owner of a chronic pain management clinic who is fully accountable and responsible for all the aspects of the operation of the clinic. The percentage of ownership shall be more than 25 percent and shall not be a de minimis amount.2.11. Dispense -- The preparation and delivery of any medication, including controlled substances, by a physician or pharmacist to a patient pursuant to an order of a physician, including the prescribing, packaging, labeling, administering, or compounding necessary to prepare that drug for delivery.2.12. Informed Consent -- Written acknowledgement and verification by a patient stating that the patient has been informed of the risks and benefits of all aspects of the treatment provided to the patient and that the patient agrees to the treatment.2.13. Opioid Drug Product -- Any finished dosage form that contains as one of its active ingredients a drug substance that has pharmacological properties similar to morphine, including its analgesic action and its addiction-forming or addiction-sustaining liability, or that can be converted by the body into a drug substance having such properties. Opioid drug products include, but are not limited to, those containing morphine, codeine, hydrocodone, and oxycodone.2.14. Pain -- An unpleasant sensory and emotional experience associated with actual or potential tissue damage, or described in terms of such damage.2.15. Plan of Care -- A written plan of treatment and care, which includes a signed treatment agreement from the patient, developed by a patient's physician and other health care professionals in conjunction with the patient that outlines for the patient attainable short-term treatment goals that are mutually acceptable to the patient and the pain management clinic and which specifies the services to be provided and the frequency and schedule for their provision.2.16. Plan of Correction -- A written description of the actions the pain management clinic intends to take to correct and prevent the reoccurrence of violations of a rule or policy identified by the designated state oversight agency during an investigation, inspection, or survey.2.17. Public media -- Any form of communication intended to reach the general public, including, but not limited to, a telephone directory, medical directory, newspaper or other periodical, outdoor advertising, radio or television, or social media.2.18. Terminal Condition -- An illness or disease that cannot be cured and the medical prognosis is that the individual's life expectancy is six months or less if the illness runs its normal course.2.19. Treating Physician -- A physician who maintains primary responsibility for the examination and treatment of his or her patients.2.20. Unique Patient Encounter -- A single patient with multiple visits to a pain management clinic, in any given month, that is counted as one clinic patient for calculation purposes.