(a) Prior to establishing, operating, maintaining or advertising a medication-assisted treatment program within this state, a medication-assisted treatment program shall be approved by the state opioid treatment authority for operation of a medication-assisted treatment program in this state.
(b) The state opioid treatment authority shall act as the state’s coordinator for the development and monitoring of medication-assisted treatment programs and it shall serve as a liaison with the appropriate federal agencies.
(c) The designated state oversight agency is responsible for licensing, monitoring and investigating complaints and grievances regarding medication-assisted treatment programs.
(d) The powers and duties of the state opioid treatment authority include, but are not limited to, the following:
(1) Facilitate the development and implementation of rules, regulations, standards and best practice guidelines to ensure the quality of services delivered by medication-assisted treatment programs;
(2) Act as a liaison between relevant state and federal agencies;
(3) Review medication-assisted treatment guidelines, rules, regulations and recovery models for individualized treatment plans of care developed by the federal government and other nationally recognized authorities approved by the secretary;
(4) Ensure delivery of technical assistance and informational materials to medication-assisted treatment programs as needed;
(5) Perform both scheduled and unscheduled site visits to medication-assisted treatment programs in cooperation with the identified state oversight agency when necessary and appropriate;
(6) Consult with the federal government regarding approval or disapproval of requests for exceptions to federal regulations, where appropriate;
(7) Review and approve exceptions to federal and state dosage policies and procedures;
(8) Receive and refer patient appeals and grievances to the designated state oversight agency when appropriate; and
(9) Work cooperatively with other relevant state agencies to determine the services needed and the location of a proposed medication-assisted treatment program.
Structure West Virginia Code
Article 5Y. Medication-Assisted Treatment Program Licensing Act
§16-5Y-3. Opioid Treatment Programs to Obtain License; Application; Fees and Inspections
§16-5Y-5. Operational Requirements
§16-5Y-6. Restrictions; Variances and Waivers
§16-5Y-7. Inspection; Inspection Warrant
§16-5Y-8. License and Registration Limitation; Denial; Suspension; Revocation
§16-5Y-9. Violations; Penalties; Injunction
§16-5Y-10. Advertisement Disclosure
§16-5Y-11. State Opioid Treatment Authority
§16-5Y-12. Moratorium; Certificate of Need
§16-5Y-13. Rules; Minimum Standards for Medication-Assisted Treatment Programs