Current through Register Vol. XLI, No. 50, December 13, 2024
Section 69-8-8 - Clinic Staff; Training and Credentialing of Staff8.1. All employees, volunteers, contracted individuals, and associates of a pain management clinic are subject to the restrictions, prohibitions, and requirements established in this rule.8.2. Professional Medical Staff.8.2.1. The pain management clinic may employ, contract with, and use physicians and other licensed health care professionals working within their scope of practice who have received sufficient training and experience in accordance with clinic policies and procedures developed by the designated physician owner.8.2.2. All physicians and licensed health care professionals employed or contracted by the pain management clinic shall be actively licensed in West Virginia and shall have: 8.2.2.a. A minimum of one year of experience in chronic pain management; or8.2.2.b. Active enrollment in a training program for obtaining competence in chronic pain management that is approved by the designated physician owner. The designated physician owner shall certify the individual's satisfactory completion of the training.8.2.3. During all hours of operation when the designated physician owner of the pain management clinic is not present, a physician, physician assistant, or advanced practice registered nurse with an active license in this state shall be on site.8.2.4. The clinic must ensure that there is trained staff on duty at all times who are proficient in cardiopulmonary resuscitation and management of medication overdose.8.2.5. A person may not dispense any medication, including a controlled substance, on the premises of a licensed pain management clinic unless he or she is a physician or pharmacist licensed in this state.8.3. Unlicensed Clinic Staff and Volunteers.8.3.1. A pain management clinic may employ or utilize unlicensed staff, contracted individuals, and volunteers to assist in the operation of the clinic.8.3.2. The clinic shall develop policies and procedures that specify the job descriptions and responsibilities of unlicensed employees, contracted individuals, and volunteers. Documentation of the responsibilities, training, and other obligations of unlicensed employees, contracted individuals, or volunteers shall be included in the personnel file of the employees or volunteers.8.3.3. All unlicensed staff, contracted individuals, and volunteers shall receive appropriate supervision by a physician, physician assistant, advanced practice registered nurse, registered nurse, or licensed practical nurse and shall be provided with assistance and directions as to their responsibilities.8.4. Staff training and credentialing. 8.4.1. The pain management clinic shall ensure that all physician assistants, advanced practice registered nurses, contracted individuals, and all other licensed or certified professional care providers comply with the credentialing requirements of their respective professions, obtain and maintain current licenses, and complete all continuing education requirements of their respective licensing boards and this rule.8.4.2. All clinic staff members, contracted individuals, and volunteers shall complete initial and continuing education and training that is specific to their job function and is consistent with the requirements of applicable federal and state laws, rules, regulations, and guidelines. Documentation of all completed education and training courses or programs shall be maintained in the personnel file of each staff member or volunteer.8.4.3. The pain management clinic shall develop detailed job descriptions for each staff member, including contracted individuals, that clearly define the education, training, qualifications, and competencies needed to provide specific service: Provided, That additional job duties for a physician assistant beyond those delineated in W. Va. Code R. §11-1B-13.2. are submitted for the consideration and approval of the Board of Medicine.8.4.4. Upon hire of any new clinical staff member or contracted individual, the pain management clinic shall provide orientation as to the person's primary job responsibilities, including, but not limited to, confidentiality requirements, on the first day of employment. Documentation of the completed orientation shall be included in the personnel file of each staff member.8.4.5. The pain management clinic shall maintain confidential individual personnel files for every staff member, including contracted individuals. Personnel files shall contain, at a minimum: 8.4.5.a. The application for employment, contract, or request to work as a volunteer;8.4.5.b. Documentation of the date of employment;8.4.5.c. Identifying information and emergency contacts;8.4.5.d. Documentation of completion of orientation, trainings, and continuing education;8.4.5.e. Documentation of all licenses, certifications, or other credentials;8.4.5.f. Documentation relating to performance, supervision, disciplinary actions, and termination summaries;8.4.5.g. Detailed job descriptions; and8.4.5.h. Evidence that the employee, independent contractor, or volunteer has received an eligibility fitness determination or variance from the West Virginia Clearance for Access: Registry and Employment Screening unit of the Department of Health and Human Resources.