W. Va. Code R. § 19-8-5 - Prescriptive authority for prescription drugs

5.1. The advanced practice registered nurse shall not prescribe from the following categories of drugs:

5.1.a. An advanced practice registered nurse may not prescribe a Schedule I controlled substance as provided in §60A-2-204 et seq. of this code;

5.1.b. An advanced practice registered nurse may prescribe up to a three-day supply of a Schedule II narcotic as provided in §60A-2-206 et seq. of this code;

5.1.c There are no other limitations on the prescribing authority of an advanced practice registered nurse, except as provided in §16-54-1 et seq. of this code.

5.2. Each prescription and subsequent refills given by the advanced practice registered nurse shall be entered on the patient's chart.

5.3. An advanced practice registered nurse who has been approved for prescriptive authority by the board may sign for, accept, and provide to patients samples of drugs received from a drug company representative.

5.4. The prescription authorized by an advanced practice registered nurse shall comply with the requirements of the West Virginia Board of Pharmacy, other applicable state and federal laws, rules and regulations all applicable standards of care; must be signed by the prescriber with the legal designation or the designated certification title of the prescriber and must include the prescriber=s identification number assigned by the board.

5.4.a. All prescriptions shall:

5.4.a.1. Meet all requirements issued by the Center for Medicare and Medicaid Services for a written prescription for controlled substances as required by Section 2002(b) of PL. 110-28 of the Iraq War Supplemental Appropriations Bill enacted by the United States Congress in 2007;

5.4.a.2. Contain six (6) quantity check-off boxes printed on the form and in the following quantities shall appear:

(1) 1-24;

(2) 25-49;

(3) 50-74;

(4) 75-100;

(5) 101-150; and

(6) 151 and over:

Provided That, if the blank has the quantity prescribed electronically printed in both numeric and word format, then the quantity check-off boxes shall not be necessary;

5.4.a.3. Contain space for the prescriber to indicate the date of the prescription, the full name of the drug, the dosage, the route of administration and directions, for its use and number of refills, if any, or to indicate no refills;

5.. a.4. Provide space for the patient's name and address, and the prescribing practitioner's signature;

5.4.a.5. Provide space for the preprinted, stamped, typed, or manually printed name, address and telephone number of the prescribing practitioner, and the practitioner's DEA registration number and NPI number; Provided that, if a practitioner does not have authority to prescribe controlled substances, then no DEA number shall be required, and, instead, the following statement shall be printed: "No Controlled Substances Authority";

5.4.a.6. Contain the following statement printed on the bottom of the prescription blank: "This prescription may be filled with a generically equivalent drug product unless the words 'Brand Medically Necessary' are written in the practitioner's own handwriting, on this prescription form."

5.4.b. An advanced practice registered nurse shall at the time of the initial prescription record in the patient record the plan for continued evaluation of the effectiveness of the controlled substances prescribed.

Notes

W. Va. Code R. § 19-8-5