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W.Va. House Bill 214: Increased prescriptive power for APRNs and PAs | Steptoe & Johnson LLC

During a second special session, the West Virginia Legislature approved House Bill 214, revising the prescribing authority of advanced practice registered nurses (APRNs) and physician assistants (PAs). Previously, APRNs and PAs could not prescribe Schedule I or Schedule II drugs and had restrictions on prescribing Schedule III drugs. House Bill 214 allows APRNs and APs to prescribe Schedule II drugs for up to a three-day supply and provides no other limitations on Schedule II drugs (other than the required limitations under the Opioid Reduction Act). The passage of House Bill 214 does not affect an APRN’s prescribing authority, as dictated by a COVID-19 waiver, which allows an APRN to continue a Schedule II drug started by a physician .

In response to increased prescriptive authority, the West Virginia Board of Pharmacy (WVBOP) recently released a Controlled Substances FAQ stating that if a PA has a collaborating agreement with a physician, the collaborating physician’s name must be on the ‘arrangement. If PA practice is governed by a notification agreement, the name of the collaborating physician is not required on the prescription. The WVBOP has been advised that after June 2022, all PAs will be in a notification type arrangement that will not require the name of the collaborating physician on the prescription. In the coming weeks, the WVBOP and the West Virginia Board of Medicine are expected to define the process and practices encompassing this increased prescriptive authority.

House Bill 214 took effect immediately.