(a) An advanced practice registered nurse may not prescribe a Schedule I controlled substance as provided in §60A-2-204 of this code.
(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 of this code: Provided, That an advanced practice registered nurse who is participating in a clinical trial, with institutional review board approval, for the rural expansion of medication-assisted treatment for opioid use disorder may dispense for the time frame of the clinical trial, after registering with the Board of Pharmacy: Provided, however, That this exemption only permits one program to participate once in CTN-0102-XR, which is also the same program as provided for in §60A-9-4 of this code.
(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.
§30-7-15b. Eligibility for prescriptive authority; application; fee; collaborative relationships and agreements.
(a) An advanced practice registered nurse shall be eligible to apply for authorization to prescribe drugs pursuant to section fifteen-a of this article after satisfying the following requirements:
(1) Be licensed and certified in West Virginia as an advanced practice registered nurse;
(2) Be at least eighteen years of age;
(3) Have completed forty-five contact hours of education in pharmacology and clinical management of drug therapy under a program approved by the board, fifteen hours of which shall have been completed within the two-year period immediately prior to entering into a prerequisite collaborative relationship;
(4) Provide the board with evidence that he or she is a person of good moral character and not addicted to alcohol or the use of controlled substances;
(5) Does not have his or her advanced practice registered nursing license, certification or registration in any jurisdiction suspended, limited or revoked; and
(6) Submit a completed, notarized application to the board, accompanied by a fee as established by the board by rule.
(b) The board shall authorize an applicant to prescribe prescription drugs under the terms of a collaborative agreement and in accordance with section fifteen-a of this article and applicable legislative rules if the applicant has met the prerequisites of subsection (a) of this section and the following additional prerequisites are satisfied:
(1) The board is satisfied that the collaborating physician is licensed in good standing;
(2) The collaborative agreement is sufficient in form;
(3) The applicant has completed the education requirements; and
(4) The applicant has submitted a completed application on forms developed by the board and paid an application fee established by the board in legislative rule.
(c) A collaborative agreement for a collaborative relationship for prescriptive practice between a physician and an advanced practice registered nurse shall be set forth in writing and include, but not be limited to, the following:
(1) Mutually agreed upon written guidelines or protocols for prescriptive authority as it applies to the advanced practice registered nurse’s clinical practice;
(2) Statements describing the individual and shared responsibilities of the advanced practice registered nurse and the collaborating physician;
(3) Periodic and joint evaluation of prescriptive practice; and
(4) Periodic joint review and updating of the written guidelines or protocols.
(d) Verification of a collaborative agreement shall be filed with the board by the advanced practice registered nurse with documentation of completion of the education requirements described in subsection (a) of this section. The board shall forward a copy of the verified agreement to the board through which the collaborative physician is licensed.
(e) The board shall, upon application, authorize an advanced practice registered nurse to prescribe prescription drugs in accordance with section fifteen-a of this article without the further requirement of a collaborative agreement if the applicant has satisfied the following prerequisites:
(1) Has practiced at least three years in a duly-documented collaborative relationship with granted prescriptive authority;
(2) Licensed in good standing with the board; and
(3) Has submitted a completed application on forms developed by the board and paid an application fee established by the board in legislative rule.
(f) Notwithstanding the provisions of subsection (e) of this section, the board may require an advanced practice registered nurse to practice in a collaborative agreement if the board determines, by order arising out of the board’s complaint process, that a collaborative relationship is necessary for the rehabilitation of a licensee or for protection of the public.
§30-7-15c. Form of prescriptions; termination of authority; renewal; notification of termination of authority.
(a) Prescriptions authorized by an advanced practice registered nurse must comply with all applicable state and federal laws; must be signed by the prescriber with the initials "A.P.R.N." or the designated certification title of the prescriber; and must include the prescriber's identification number assigned by the board or the prescriber's national provider identifier assigned by the National Provider System pursuant to 45 C. F. R. §162.408.
(b) Prescriptive authorization shall be terminated if the advanced practice registered nurse has:
(1) Not maintained current authorization as an advanced practice registered nurse; or
(2) Prescribed outside the advanced practice registered nurse's scope of practice or has prescribed drugs for other than therapeutic purposes; or
(3) Has not filed verification of a collaborative agreement with the board if such an agreement is required.
(c) Prescriptive authority for an advanced practice registered nurse must be renewed biennially. Documentation of eight contact hours of pharmacology during the previous two years must be submitted at the time of renewal.
(d) The board shall notify the Board of Pharmacy within twenty-four hours after termination of, or change in, an advanced practice registered nurse's prescriptive authority.
§30-7-15d. Advanced practice registered nurse signatory authority.
(a) An advanced practice registered nurse may provide an authorized signature, certification, stamp, verification, affidavit or endorsement on documents within the scope of their practice, including, but not limited to, the following documents:
(1) Death certificates: Provided, That the advanced practice registered nurse has received training from the board on the completion of death certificates;
(2) “Physician orders for life sustaining treatment,” “physician orders for scope of treatment” and “do not resuscitate” forms;
(3) Handicap hunting certificates; and
(4) Utility company forms requiring maintenance of utilities regardless of ability to pay.
(b) An advanced practice registered nurse may not sign a certificate of merit for a medical malpractice claim against a physician.