§ 16-54-2 — Voluntary nonopioid advanced directive form

West Virginia § 16-54-2

• Jurisdiction: West Virginia
• Ch. 16: PUBLIC HEALTH
• Art. 53: ESTABLISHING ADDITIONAL SUBSTANCE ABUSE TREATMENT FACILITIES

Text

(a) The office shall establish a voluntary nonopioid advanced directive form. The form shall be available on the office’s web site. The form shall indicate to a health care practitioner that an individual may not be administered or offered a prescription or medication order for an opioid. The advance directive shall be filed in the individual’s medical record in either a health care facility or a private office of a practitioner, or both, and shall be transferred with the person from one practitioner to another or from one health care facility to another.

(b) An individual may revoke the voluntary nonopioid advanced directive form for any reason and may do so by written or oral means.

(c) A practitioner without actual knowledge of an advance directive as set forth in §16-54-2(a) of this code and who prescribes an opioid in a medical emergency situation is not civilly or criminally liable for failing to act in accordance with the directives unless the act or omission was the result of a practitioner’s gross negligence or willful misconduct. For purposes of this section, a “medical emergency situation” shall mean an acute injury or illness that poses an immediate risk to a person’s life or long-term health.

Legislative History

2018 Reg. Sess., SB273; 2018 Reg. Sess., SB514