§ 30-3A-3 — Acts subject to discipline or prosecution

West Virginia § 30-3A-3

• Jurisdiction: West Virginia
• Ch. 30: PROFESSIONS AND OCCUPATIONS
• Art. 3A: MANAGEMENT OF INTRACTABLE PAIN

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(a) 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;

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

(3) 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;

(4) Diverting controlled substances prescribed for a patient to the physician’s own personal use or

(5) 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.

(b) 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

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

Legislative History

2018 Reg. Sess., SB273; 1998 Reg. Sess., HB4058; 1976 Reg. Sess., SB168; 1971 Reg. Sess., HB839