{"data":{"id":"us-wv/w.-va.-code-16-54-7","jurisdiction":"us-wv","citation":"W. Va. Code § 16-54-7","heading":"Exceptions.","body":"(a) This article does not apply to a patient who is currently in active treatment for cancer, receiving hospice care from a licensed hospice provider or palliative care provider, or is a resident of a long-term care facility.\n(b) This article does not apply to a patient being prescribed, or ordered, any medication in an inpatient setting at a hospital.\n(c) Notwithstanding the limitations on the prescribing of a Schedule II opioid drug contained in §16-54-4 of this code, a practitioner may prescribe an initial seven-day supply of a Schedule II opioid drug to a post-surgery patient immediately following a surgical procedure. Based upon the medical judgment of the practitioner, a subsequent prescription may be prescribed by the practitioner pursuant to the provisions of this code. Nothing in this section authorizes a practitioner to prescribe any medication which he or she is not permitted to prescribe pursuant to their practice act.\n(d) A practitioner who acquires a patient after January 1, 2018, who is currently being prescribed a Schedule II opioid drug from another practitioner is required to access the Controlled Substances Monitoring Program Database as set forth in §60A-9-1 et seq. of this code. The practitioner shall otherwise treat the patient as set forth in this code.\n(e) This article does not apply to an existing practitioner-patient relationship established before January 1, 2018, where there is an established and current opioid treatment plan which is reflected in the patient’s medical records.","path":["CHAPTER 16. PUBLIC HEALTH.","ARTICLE 54. OPIOID REDUCTION ACT."],"source_url":"https://code.wvlegislature.gov/16-54-7/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:23:43Z","sha256":"7d864389918bb62dff5262111a583623a75741fb23b9d04e7ff0afb38d7cfcc6","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-16-54-6","next":"us-wv/w.-va.-code-16-54-8"},"notice":"GroundRules: Original legal text. Not legal advice."}
