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WV BOARD OF MEDICINE SEARCH

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1. Home
2. Laws
3. Other Statutory Provisions
4. Management of Pain Act

MANAGEMENT OF PAIN ACT

Section
§30-3A-1. Definitions.
§30-3A-2. Limitation on disciplinary sanctions or criminal punishment related to
management of pain.
§30-3A-3. Acts subjuct to discipline or prosecution.
§30-3A-4. Abnormal or unusual prescribing practices.

§30-3A-1. Definitions.

For the purposes of this article, the words or terms defined in this section
have the meanings ascribed to them. These definitions are applicable unless a
different meaning clearly appears from the context.

“Accepted guideline” is a care or practice guideline for pain management
developed by a nationally recognized clinical or professional association or a
specialty society or government- sponsored agency that has developed practice or
care guidelines based on original research or on review of existing research and
expert opinion. An accepted guideline also includes policy or position
statements relating to pain management issued by any West Virginia board
included in §30-1-1 et seq. of this code with jurisdiction over various health
care practitioners. Guidelines established primarily for purposes of coverage,
payment, or reimbursement do not qualify as accepted practice or care guidelines
when offered to limit treatment options otherwise covered by the provisions of
this article.

“Board” or “licensing board” means the West Virginia Board of Medicine, the West
Virginia Board of Osteopathy, the West Virginia Board of Registered Nurses, the
West Virginia Board of Pharmacy, the West Virginia Board of Optometry, or the
West Virginia Board of Dentistry.

“Nurse” means a registered nurse licensed in the State of West Virginia pursuant
to the provisions of §30-7-1 et seq. of this code.

“Pain” means an unpleasant sensory and emotional experience associated with
actual or potential tissue damage or described in terms of such damage.

“Pain-relieving controlled substance” includes, but is not limited to, an opioid
or other drug classified as a Schedule II through V controlled substance and
recognized as effective for pain relief, and excludes any drug that has no
accepted medical use in the United States or lacks accepted safety for use in
treatment under medical supervision including, but not limited to, any drug
classified as a Schedule I controlled substance.

“Pharmacist” means a registered pharmacist licensed in the State of West
Virginia pursuant to the provisions of §30-5-1 et seq. of this code.

“Prescriber” shall mean:

1. A physician licensed pursuant to the provisions of §30-3-1 et seq. or
§30-14-1 et seq. of this code;
2. An advanced practice registered nurse with prescriptive authority as set
forth in §30-7- 15a of this code;
3. A dentist licensed pursuant to the provisions of §30-4-1 et seq. of this
code; and
4. An optometrist licensed pursuant to the provisions of §30-8-1 et seq. of
this code.

§30-3A-2. Limitation on disciplinary sanctions or criminal punishment related to
management of pain.

1. A prescriber is not subject to disciplinary sanctions by a licensing board
or criminal punishment by the state for prescribing, administering, or
dispensing pain-relieving controlled substances for the purpose of
alleviating or controlling pain if:

1. In the case of a dying patient experiencing pain, the prescriber practices
in accordance with an accepted guideline as defined in §30-3A-1 of this code
and discharges his or her professional obligation to relieve the dying
patient’s pain and promote the dignity and autonomy of the dying patient; or

1. In the case of a patient who is not dying and is experiencing pain, the
prescriber discharges his or her professional obligation to relieve the
patient’s pain, if the prescriber can demonstrate by reference to an
accepted guideline that his or her practice substantially complied with that
accepted guideline. Evidence of substantial compliance with an accepted
guideline may be rebutted only by the testimony of a clinical expert.
Evidence of noncompliance with an accepted guideline is not sufficient alone
to support disciplinary or criminal action.

1. A health care provider, as defined in §55-7B-2 of this code, with
prescriptive authority is not subject to disciplinary sanctions by a
licensing board or criminal punishment by the state for declining to
prescribe, or declining to continue to prescribe, any controlled substance
to a patient which the health care provider with prescriptive authority is
treating if the health care provider with prescriptive authority in the
exercise of reasonable prudent judgment believes the patient is misusing the
controlled substance in an abusive manner or unlawfully diverting a
controlled substance legally prescribed for their use.

1. A licensed registered professional nurse is not subject to disciplinary
sanctions by a licensing board or criminal punishment by the state for
administering pain-relieving controlled substances to alleviate or control
pain, if administered in accordance with the orders of a licensed physician.

1. A licensed pharmacist is not subject to disciplinary sanctions by a
licensing board or criminal punishment by the state for dispensing a
prescription for a pain-relieving controlled substance to alleviate or
control pain, if dispensed in accordance with the orders of a licensed
physician.

1. For purposes of this section, the term “disciplinary sanctions” includes
both remedial and punitive sanctions imposed on a licensee by a licensing
board, arising from either formal or informal proceedings.
2. The provisions of this section apply to the treatment of all patients for
pain, regardless of the patient’s prior or current chemical dependency or
addiction. The board may develop and issue policies or guidelines
establishing standards and procedures for the application of this article to
the care and treatment of persons who are chemically dependent or addicted.

§30-3A-3. Acts subject to discipline or prosecution.
1. Nothing in this article shall prohibit disciplinary action or criminal
prosecution of a prescriber for:

1. Failing to maintain complete, accurate, and current records documenting the
physical examination and medical history of the patient, the basis for the
clinical diagnosis of the patient, and the treatment plan for the patient;

1. Writing a false or fictitious prescription for a controlled substance
scheduled in §60A-2- 201 et seq. of this code; or

1. Prescribing, administering, or dispensing a controlled substance in
violation of the provisions of the federal Comprehensive Drug Abuse
Prevention and Control Act of 1970, 21 U.S.C. §§801, et seq. or chapter
§60A-1-101 et seq. of this code;
2. Diverting controlled substances prescribed for a patient to the physician’s
own personal use or

1. Abnormal or unusual prescribing or dispensing patterns, or both as
identified by the Controlled Substance Monitoring Program set forth in
§60A-9-1 et seq. of this code. These prescribing and dispensing patterns may
be discovered in the report filed with the appropriate board as required by
section §60A-9-1 et seq. of this code.

1. Nothing in this article shall prohibit disciplinary action or criminal
prosecution of a nurse or pharmacist for:

1. Administering or dispensing a controlled substance in violation of the
provisions of the federal Comprehensive Drug Abuse Prevention and Control
Act of 1970, 21 U.S.C. §§801, et seq. or §60A-1-101 of this code; or

1. Diverting controlled substances prescribed for a patient to the nurse’s or
pharmacist’s own personal use.

§30-3A-4. Abnormal or unusual prescribing practices.
1. Upon receipt of the quarterly report set forth in §60A-9-1 et seq. of this
code, the licensing board shall notify the prescriber that he or she has
been identified as a potentially unusual or abnormal prescriber. The board
may take appropriate action, including, but not limited to, an investigation
or disciplinary action based upon the findings provided in the report.

1. A licensing board may upon receipt of credible and reliable information
independent of the quarterly report as set forth in §60A-9-1 et seq. of this
code initiate an investigation into any alleged abnormal prescribing or
dispensing practices of a licensee.

1. The licensing boards and prescribers shall have all rights and
responsibilities in their practice acts.

LAWS & RESOURCES

LAWS

* West Virginia Medical Practice Act
* Physician Assistants Practice Act
* Interstate Medical Licensure Compact
* Other Statutory Provisions

* Direct Medical Care
* Prohibition Doctor Shopping
* Management of Pain Act
* Designation of Physician Health Program

RULES

* Legislative & Procedural Rules

RESOURCES

* Position Statements
* Patient Resources
* Practice Resources

* Closing or Departing from Practice
* Ending the Patient Physician Relationship
* Medical Records Retention Guidelines

The West Virginia Board of Medicine is the sole authority for the issuance of
licenses to practice medicine and surgery, to practice podiatry, and to practice
as a physician assistant in collaboration with MDs and DPMs in the State of West
Virginia, and is the regulatory and disciplinary body for medical doctors,
podiatric physicians and their physician assistants.

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