West Virginia Code 16-5H-5 – Exemptions
(a) The following facilities are not pain management clinics subject to the requirements of this article:
Terms Used In West Virginia Code 16-5H-5
- board: means a board of health serving one or more counties or one or more municipalities or a combination thereof. See West Virginia Code 16-1-2
- Chronic pain: means pain that has persisted after reasonable medical efforts have been made to relieve the pain or cure its cause and that has continued, either continuously or episodically, for longer than three continuous months. See West Virginia Code 16-5H-2
- Physician: means an individual authorized to practice medicine or surgery or osteopathic medicine or surgery in this state. See West Virginia Code 16-5H-2
- Secretary: means the Secretary of the West Virginia Department of Health and Human Resources. See West Virginia Code 16-5H-2
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(1) A facility that does not prescribe or dispense controlled substances for the treatment of chronic pain;
(2) A hospital licensed in this state, a facility located on the campus of a licensed hospital that is owned, operated or controlled by that licensed hospital, and an ambulatory health care facility as defined by section two, article two-d, chapter sixteen of this code that is owned, operated or controlled by a licensed hospital;
(3) A physician practice owned or controlled, in whole or in part, by a licensed hospital or by an entity that owns or controls, in whole or in part, one or more licensed hospitals;
(4) A hospice program licensed in this state;
(5) A nursing home licensed in this state;
(6) An ambulatory surgical facility as defined by section two, article two-d, chapter sixteen of this code; and
(7) A facility conducting clinical research that may use controlled substances in studies approved by a hospital-based institutional review board or an institutional review board accredited by the association for the accreditation of human research protection programs.
(b) Any facility that is not included in this section may petition to the secretary for an exemption from the requirements of this article. All such petitions are subject to the administrative procedures requirements of chapter twenty-nine-a of this code.