Creating exemption to prescription limitations for mid-level providers

SB 743 Text

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Introduced Version

Senate Bill 743 History

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Key:
Green
= existing Code.
Red
= new code to be enacted

WEST virginia legislature
2026 regular session
Introduced
Senate Bill 743
By Senator Takubo
[
Introduced February 4, 2026; referred
to the Committee on Health and Human Resources
]
A BILL to amend and reenact §16-54-4 of the Code of West Virginia, 1931, as amended, relating to creating an exemption to prescription limitations for mid-level providers; requiring mid-level providers to be licensed and under the supervision of physician medical director; requiring mid-level providers to be employed exclusively by a licensed hospice provider; permitting exemption from prescription limitations in specified circumstances; and requiring physician medical director to be responsible for auditing the prescribing practices of the mid-level providers.
Be it enacted by the Legislature of West Virginia:


ARTICLE 54. OPIOID REDUCTION ACT.

§
16-54-4. Opioid prescription limitations.

(a) When issuing a prescription for a Schedule II opioid drug to an adult patient seeking treatment in an emergency room for outpatient use, a health care practitioner may not issue a prescription for more than a four-day supply:
Provided
, That a prescription for a Schedule II opioid drug issued to an adult patient in an emergency room for outpatient use is not considered to be an initial Schedule II opioid prescription.
(b) When issuing a prescription for a Schedule II opioid drug to an adult patient seeking treatment in an urgent care facility setting for outpatient use, a health care practitioner may not issue a prescription for more than a four-day supply:
Provided
, That an additional dosing for up to no more than a seven-day supply may be permitted, but only if the medical rationale for more than a four-day supply is documented in the medical record.
(c) A health care practitioner may not issue an initial Schedule II opioid drug prescription to a minor for more than a three-day supply and shall discuss with the parent or guardian of the minor the risks associated with Schedule II opioid drug use and the reasons why the prescription is necessary.
(d) A dentist or an optometrist may not issue a Schedule II opioid drug prescription for more than a three-day supply.
(e) A practitioner, other than a dentist or an optometrist, may not issue an initial Schedule II opioid drug prescription for more than a seven-day supply. The prescription shall be for the lowest effective dose which in the medical judgement of the practitioner would be the best course of treatment for this patient and his or her condition.
(f) Prior to issuing an initial Schedule II opioid drug prescription, a practitioner shall:
(1) Take and document the results of a thorough medical history, including the patient’s experience with nonopioid medication, nonpharmacological pain management approaches, and substance abuse history;
(2) Conduct, as appropriate, and document the results of a physical examination. The physical exam should be relevant to the specific diagnosis and course of treatment, and should assess whether the course of treatment would be safe and effective for the patient.
(3) Develop a treatment plan, with particular attention focused on determining the cause of the patient’s pain; and
(4) Access relevant prescription monitoring information under the Controlled Substances Monitoring Program Database.
(g) Notwithstanding any provision of this code or legislative rule to the contrary, no medication listed as a Schedule II opioid drug as set forth in §60A-2-206 of this code, may be prescribed by a practitioner for greater than a 30-day supply:
Provided
, That two additional prescriptions, each for a 30-day period for a total of a 90-day supply, may be prescribed if the practitioner accesses the West Virginia Controlled Substances Monitoring Program Database as set forth in §60A-9-1
et seq.
of this code:
Provided, however
, That the limitations in this section do not apply to cancer patients, patients receiving hospice care from a licensed hospice provider, patients receiving palliative care, a patient who is a resident of a long-term care facility, or a patient receiving medications that are being prescribed for use in the treatment of substance abuse or opioid dependence.
(h) A practitioner is required to conduct and document the results of a physical examination every 90 days for any patient for whom he or she continues to treat with any Schedule II opioid drug as set forth in §60A-2-206 of this code. The physical examination should be relevant to the specific diagnosis and course of treatment, and should assess whether continuing the course of treatment would be safe and effective for the patient.
(i) A veterinarian licensed pursuant to the provisions of §30-10-1
et seq.
of this code may not issue an initial Schedule II opioid drug prescription for more than a seven-day supply. The prescription shall be for the lowest effective dose which in the medical judgment of the veterinarian would be the best course of treatment for the patient and his or her condition.
(j) In conjunction with the issuance of the third prescription for a Schedule II opioid drug, the patient shall execute a narcotics contract with the prescribing practitioner. The contract shall be made a part of the patient’s medical record. The narcotics contract is required to provide at a minimum that:
(1) The patient agrees only to obtain scheduled medications from this particular prescribing practitioner;
(2) The patient agrees he or she will only fill those prescriptions at a single pharmacy which includes a pharmacy with more than one location;
(3) The patient agrees to notify the prescribing practitioner within 72 hours of any emergency where he or she is prescribed scheduled medication;
(4) If the patient fails to honor the provisions of the narcotics contract, the prescribing practitioner may either terminate the provider-patient relationship or continue to treat the patient without prescribing a Schedule II opioid drug for the patient. Should the practitioner decide to terminate the relationship, he or she is required to do so pursuant to the provisions of this code and any rules promulgated hereunder. Termination of the relationship for the patient’s failure to honor the provisions of the contract is not subject to any disciplinary action by the practitioner’s licensing board; and
(5) If another physician is approved to prescribe to the patient.
(k) A pharmacist is not responsible for enforcing the provisions of this section and the Board of Pharmacy may not discipline a licensee if he or she fills a prescription in violation of the provisions of this section.

(l) Mid-level, licensed providers, under the direction of a physician medical director and employed exclusively by a licensed hospice provider shall be exempt from the prescription limitations contained in this section for the prescription of comfort medications to patients of the licensed hospice provider including those medications contained in Schedule II-V of the West Virginia Uniform Controlled Substances Act, §60A-1-101
et seq.
, for the purposes of end of life comfort care. The physician medical director shall be responsible for auditing the prescribing practices of the mid-level, licensed providers to ensure compliance with this exemption and proper reporting with the controlled substances monitoring database.

NOTE: The purpose of this bill is to create an exemption to the prescription limitations contained in this section for mid-level providers under the supervision of a medical director offering comfort medications in hospice care settings. The physician medical director shall audit the prescribing practices of the mid-level providers to ensure compliance with the provisions of this section and compliance with reporting to the controlled substances monitoring database.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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