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WEST VIRGINIA CODE

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WVC 30 - 3 E- 3 §30-3E-3. Rulemaking.

     (a) The boards shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article, including:

     (1) The extent to which physician assistants may practice in this state;

     (2) The extent to which physician assistants may pronounce death;

     (3) Requirements for licenses and temporary licenses;

     (4) Requirements for practice agreements;

     (5) Requirements for continuing education;

     (6) Conduct of a licensee for which discipline may be imposed;

     (7) The eligibility and extent to which a physician assistant may prescribe at the direction of his or her supervising physician, including the following:

     (A) A list of drugs and pharmacologic categories, or both, the prescription of which may not be delegated to a physician assistant, including all drugs listed in Schedules I and II of the Uniform Controlled Substances Act, antineoplastic and chemotherapeutic agents, or both, used in the active treatment of current cancer, radiopharmaceuticals, general anesthetics, radiographic contrast materials and any other limitation or exclusions of specific drugs or categories of drugs as determined by the boards;

     (B) Authority to include, in a practice agreement, the delegation of prescribing authority for up to a 72-hour supply of drugs listed under Schedule III of the Uniform Controlled Substances Act so long as the prescription is nonrefillable and an annual supply of any drug, with the exception of controlled substances, which is prescribed for the treatment of a chronic condition, other than chronic pain management, with the chronic condition being treated identified on the prescription; and

     (C) A description of the education and training requirements for a physician assistant to be eligible to receive delegated prescriptive writing authority as part of a practice agreement;

     (8) The authority a supervising physician may delegate for prescribing, dispensing and administering of controlled substances, prescription drugs or medical devices if the practice agreement includes:

     (A) A notice of intent to delegate prescribing of controlled substances, prescription drugs or medical devices;

     (B) An attestation that all prescribing activities of the physician assistant shall comply with applicable federal and state law governing the practice of physician assistants;

     (C) An attestation that all medical charts or records shall contain a notation of any prescriptions written by a physician assistant;

     (D) An attestation that all prescriptions shall include the physician assistant's name and the supervising physician's name, business address and business telephone number legibly written or printed; and

     (E) An attestation that the physician assistant has successfully completed each of the requirements established by the appropriate board to be eligible to prescribe pursuant to a practice agreement accompanied by the production of any required documentation establishing eligibility;

     (9) A fee schedule; and

     (10) Any other rules necessary to effectuate the provisions of this article.

     (b) The boards may propose emergency rules pursuant to article three, chapter twenty-nine-a of this code to ensure conformity with this article.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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