Current through Register Vol. XLI, No. 50, December 13, 2024
Section 69-8-5 - Inspections5.1. The secretary or his or her designee shall conduct unannounced inspections of all pain management clinics that are subject to the provisions of this rule and W. Va. Code §§ 16-5H-1, et seq., in order to determine compliance. Inspections shall include initial inspections, annual inspections, follow-up inspections, complaint investigations, and periodic inspections.5.2. During the inspections, the pain management clinic must provide the secretary a comprehensive listing of total patients. At a minimum this shall include: 5.2.1. The identifiers of those receiving chronic pain treatment and other services;5.2.2. The diagnosis for each patient;5.2.3. The demographic information for each patient, including city and county of residence; and5.2.4. A list of medications administered, dispensed, or prescribed including the date of the prescription, dispensing, or administration for each patient of the pain management clinic.5.3. Inspections may include interviews with owners, staff, and patients; review of clinical records; observation of service delivery; review of facility documents and polices; and review of any other documents necessary for the determination of compliance with this rule and W. Va. Code §§ 16-5H-1, et seq.5.4. The pain management clinic shall ensure immediate access to all patient records upon request of the secretary or his or her designee. If access is denied, a judge of any court of record in this state having criminal jurisdiction, and upon proper oath or affirmation showing probable cause, may issue administrative or inspection warrants for the purpose of conducting inspections and seizures of property appropriate to the inspections.5.5. Within 20 working days of the exit date of an annual inspection, or 30 working days of the exit date of an initial inspection, the secretary shall issue a report to the pain management clinic reflecting the findings of the inspection. The report shall specify any deficiency found and the rule that forms the basis for the violation.5.6. The designated physician owner or other owners of the pain management clinic shall submit to the secretary a plan of correction for any violation of this rule or W. Va. Code §§ 16-5H-1, et seq., identified during an inspection within 10 working days of receipt of the findings of the inspection. The plan of correction shall include any actions taken to correct the deficiency and prevent the reoccurrence and the date of completion of each action taken.5.7. The pain management clinic's plan of correction may be approved or rejected by the secretary in writing. If rejected, the reasons shall be stated in a letter.5.8. The pain management clinic shall submit a revised plan of correction to the secretary within 10 working days of receipt of a rejection letter.5.9. The pain management clinic shall immediately correct any violation that the secretary finds constitutes a severe risk to the health or safety of a patient. 5.10. Any person may file a complaint with the secretary alleging violations of this rule and W. Va. Code §§ 16-5H-1, et seq. If a complaint investigation is completed, the secretary shall notify the complainant of any violations discovered upon written request made by the complainant.5.11. The secretary shall keep on file a report of any inspection of a pain management clinic.5.12. Nothing contained in this section shall be construed to require or permit the public disclosure of confidential medical, social, personal or financial records of any patient or clinic, nor any information required to be kept confidential by state or federal law.