Current through Register Vol. XLI, No. 44, November 1, 2024
Section 11-5-3 - Registration to Dispense or Administer Controlled Substances Required; Application and Registration Renewal3.1. A practitioner who dispenses a controlled substance to a patient under his or her care within West Virginia, including free or professional samples of controlled substances, shall first register with the Board as a registered controlled substance dispensing practitioner. A separate registration is required for each practice location where the practitioner dispenses controlled substances.3.2. A practitioner who administers a controlled substance to a patient under his or her care in an office based setting within West Virginia shall first register with the Board as a registered controlled substance dispensing practitioner. A separate registration is required for each practice location where the practitioner administers controlled substances. This registration requirement does not apply to practitioners who administer controlled substances exclusively to patients who are receiving inpatient health care services at a hospital or other inpatient health care facility, a hospital-based emergency department, or an ambulatory surgical center.3.3. An application for registration as a registered controlled substance dispensing practitioner at one or more locations shall be completed on a Board-approved application. The Board's controlled substance dispensing application shall include, and applicants must provide, the following information: 3.3.a. The applicant's full name and West Virginia Board of Medicine license number;3.3.b. The applicant's current individual Drug Enforcement Agency (DEA) controlled substance registration number;3.3.c. Verification by the applicant that he or she is currently registered to access the West Virginia Controlled Substance Monitoring Program ("WVCSMP"), if required to be so registered by law, and that he or she understands his or her obligation to report the dispensing of controlled substances to the WVCSMP; and3.3.d. The practice name, physical address and telephone number of each practice location where the applicant seeks to be registered to dispense and/or administer controlled substances.3.4. A physician assistant must have an active practice notification on file with the Board for the proposed controlled substance dispensing location identified on the physician assistant's registration application.3.5. The Board shall not grant a registration, and an applicant is ineligible to register or retain registration as a controlled substance dispensing practitioner, if the applicant: 3.5.a. Does not possess a current, valid and unexpired individual DEA controlled substance registration number;3.5.b. Has been convicted of a felony offense relating to controlled substances in any jurisdiction; or3.5.c. Is currently subject to any administrative or court order in any jurisdiction which places restrictions or limitations of any kind upon the practitioner's prescriptive authority in any jurisdiction.3.6. An initial controlled substance dispensing registration shall expire on the same date as the practitioner's medical, podiatric or physician assistant license, unless renewed prior to that date. Thereafter, registration shall be valid for a period of two years.3.7. If the initial registration period is less than one year, an application for registration as a controlled substance dispensing practitioner must be accompanied by payment of a nonrefundable annual registration fee in the amount of fifteen dollars per dispensing location. If the initial registration period is greater than one year, an application for registration as a controlled substance dispensing practitioner must be accompanied by payment of a nonrefundable biennial registration fee in the amount of thirty dollars per dispensing location.3.8. After the initial registration period, all controlled substance dispensing registrations shall be valid for a period of two years, and the annual registration fee shall be collected biennially at a rate of thirty dollars per dispensing location.3.9. Controlled substance dispensing registrations issued by the Board to a practitioner are granted for specific practice locations, and are not transferable from one location to another.3.10. Controlled substance dispensing registrations issued by the Board automatically terminate if a registered controlled substance dispensing practitioner is no longer authorized to prescribe controlled substances in West Virginia.3.11. The Board shall waive the registration fee and renewal registration fees for a controlled substance dispensing registration which is obtained to dispense and/or administer controlled substances free of charge to patients at a free clinic or summer camp.3.12. A registered controlled substance dispensing practitioner may engage in office-based dispensing and/or administering of controlled substances to a patient under his or her care at registered controlled substance dispensing locations.