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WVC 16 - 46 - 5 §16-46-5. Licensed health care providers' limited liability related to opioid antagonist prescriptions.

     (a) A licensed health care provider who is permitted by law to prescribe drugs, including opioid antagonists, may, if acting in good faith, prescribe and subsequently dispense or distribute an opioid antagonist without being subject to civil liability or criminal prosecution unless prescribing the opioid antagonist was the result of the licensed health care provider's gross negligence or willful misconduct.

     (b) For purposes of this chapter and chapter sixty-a, any prescription written, as described in section three of this article, shall be presumed as being issued for a legitimate medical purpose in the usual course of professional practice unless the presumption is rebutted by a preponderance of the evidence.

Note: WV Code updated with legislation passed through the 2015 Regular Session
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