W. Va. Code R. § 69-11-37

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 69-11-37 - Licensure Denials, Revocations and Suspensions

37.1. Grounds for Denial, Revocation or Suspension.

37.1.a. The Secretary may deny, revoke or suspend 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 program physicians associated with that MAT program from practicing at the program location based upon the findings and results of an annual, periodic, complaint or other inspection and evaluation. The period of suspension for the license of a MAT program shall be prescribed by the Secretary, but may not exceed one year.

37.1.b. The Secretary may deny, revoke or suspend a MAT program license for one or more the following reasons:

37.1.b.1. The Secretary makes a determination that fraud or other illegal action has been committed by any owner of the MAT program.

37.1.b.2. The MAT program has violated federal, state or local law relating to licensure, registration, building, health, fire protection, safety, sanitation or zoning;

37.1.b.3. The MAT program engages in practices that jeopardize the health, safety, welfare or clinical treatment of a patient;

37.1.b.4. The MAT program has failed or refused to submit reports or make records available as requested by the Secretary;

37.1.b.5. A MAT program has refused to provide access to its location or records as requested by the Secretary;

37.1.b.6. A MAT program's medical director has knowingly and intentionally misrepresented actions taken to correct a violation;

37.1.b.7. An owner or medical director of a MAT program concurrently operates an unlicensed MAT program;

37.1.b.8. A program physician or any owner knowingly operates, owns or manages an unlicensed MAT program that is required to be licensed;

37.1.b.9. The owners of a MAT program fail to apply for a new license for the program upon a change of ownership and operate the program under the new ownership;

37.1.b.10. A program physician or any owner acquires or attempts to acquire a license for a MAT program through misrepresentation or fraud or procures or attempts to procure a license for a MAT program for any other person by making or causing to be made any false representation; or

37.1.b.11. The MAT program fails to have a medical director practicing at the program location as required by this rule.

37.2. Effect of Denial, Revocation or Suspension.

37.2.a. If a license for a MAT program has been revoked, the Secretary may stay the effective date of the revocation if the medical director, owner or owners and administrator of the program can show that the stay is necessary to ensure appropriate referral and placement of patients.

37.2.b. If the license of a MAT program is denied, revoked or suspended, no person, firm, association or corporation may operate the program as a MAT program as of the effective date of the denial, revocation or suspension. The owners of the MAT program are responsible for removing all signs and symbols identifying the premises as a MAT program within thirty days from the date of the denial, revocation or suspension.

37.2.c. If a license for a MAT program has been denied, revoked or suspended the program must supply, at a minimum, a copy of the following information to the Secretary:

37.2.c.1. A closure notice to be mailed to all active patients meeting the guidelines set forth by its respective medical board;

37.2.c.2. The date the closure letter will be mailed to all active patients;

37.2.c.3. The number of active patients to receive the closure notice;

37.2.c.4. A Class II legal advertisement that complies with the requirements of Article 3, Chapter 59 of the West Virginia Code regarding the program closure, including the dates the notice will appear and the name of the newspaper; and

37.2.c.5. Contact information the program has supplied to patients who may need help locating a new treating physician or program.

37.2.d. Upon the effective date of the denial, revocation or suspension the medical director of the MAT program shall advise the Secretary and the West Virginia 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 DEA. Drugs that are purchased or held by a MAT program that is not licensed may be deemed adulterated.

37.2.e. If the license of a MAT program is revoked or suspended, no person named in the licensing documents of the program, including persons owning or operating the MAT program, may apply to own, license, register or operate another MAT program for five years after the date of revocation or suspension, either individually or as part of a group practice, firm, association or corporation.

37.2.f. If a MAT program license is denied or revoked, a new application for license shall be considered by the Secretary, if, when after the conditions upon which denial or revocation 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.

W. Va. Code R. § 69-11-37