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West Virginia Administrative Code
Agency 69 - Health And Human ResourcesTitle 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES
Series 69-12 - Medication-Assisted Treatment - Office-Based Medication-Assisted Treatment
Section 69-12-10 - For-Cause Inspections; Complaints

W. Va. Code R. § 69-12-10

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Current through Register Vol. XLI, No. 50, December 13, 2024
Section 69-12-10 - For-Cause Inspections; Complaints
10.1. The Secretary may conduct unannounced inspections of an OBMAT program for cause if the Secretary has received a complaint about the program or has reason to believe that the program may be operating in violation of federal or state statutes, rules, or regulations, may be providing substandard treatment or may be serving as possible source of diverted medications.
10.2. Any person may file a complaint with the Secretary alleging violation of applicable laws, rules, or policies by an OBMAT program. A complaint shall identify the OBMAT program by name and state the nature of the complaint.
10.3. At the time of any onsite investigation activities, the investigator shall notify the medical director or program administrator at the OBMAT program of the general reason for the investigation.
10.4. Within 15 working days of the investigation, the Secretary shall provide to the medical director or program administrator at an OBMAT program a written report of the results of the investigation. The report shall specify any deficiency found and the rule that forms the basis for the violation.
10.5. The Secretary may permit the OBMAT program to develop a plan of correction to address any noted violations or deficiencies. The Secretary may advise and consult with the medical director, program administrator, or other personnel at an OBMAT program to assist with a plan of correction.
10.6. The Secretary may impose a civil money penalty, suspend, or revoke a registration or take such other action as deemed appropriate to address any violations or deficiencies. In the event the Secretary determines that the continued operation of the OBMAT program is a threat to the health, welfare and safety of its patients or employees, the Secretary may issue an order immediately closing the facility pursuant to applicable administrative procedures.
10.7. Upon completion of the investigation, the Secretary shall notify the complainant whether the allegations have been substantiated and how to obtain a copy of the report.
10.8. The Secretary shall keep confidential any information that could reasonably lead to the identification of a complainant and of any patient involved in the complaint or investigation. The Secretary shall not disclose such information without the written consent of the complainant or patient. The Secretary shall delete any identifying information before disclosure of investigative information to the public.
10.9. If a complaint becomes the subject of a judicial proceeding, nothing in this rule prohibits the disclosure of information that would otherwise be disclosed in judicial proceedings.

W. Va. Code R. § 69-12-10