Controlled Substances FAQ

2nd Special Session HB 214

passed in the WV Legislature’s 2nd Special Session that changes the prescriptive authority for advanced practice registered nurses (APRNs) and physician assistants (PAs).  This bill passed on April 25, 2022; we received notification yesterday that the Governor signed this bill on May 2, 2022.  This bill was effective immediately upon the Governor’s signature.

Prior to the passage of this bill, ARPNs and PAs could not prescribe Schedule IIs (except by COVID waiver for APRNs) and had limits regarding Schedule IIIs, plus there were specific classes of medications that these practitioners could not prescribe (including antineoplastics).  However, this bill changes the prescriptive authority of these individuals.  Per §30-3E-3 and §30-7-15E, the new prescriptive authority for APRNs and PAs is as below:

  • No Schedule I substances
  • Up to a 3-day supply of a Schedule II narcotic
  • No other limitations other than the Opioid Reduction Act (Can be found in the Pharmacy Law Book)

The actual text and body of the bill can be found at: https://www.wvlegislature.gov/Bill_Text_HTML/2022_SESSIONS/2X/bills/HB214%20ENR.pdf

This does not change the COVID-19 waiver that currently remains in place, which permits an APRN (but not a PA) to continue a Schedule II medication that has been started by a physician.  Additional information on this can be found on the WV Board of Nursing’s website. 

Additionally, we have received several calls about the need for the collaborating physician’s name being on the prescription for the physician assistant prescription.  This is a complicated issue.  Currently, a PA can be in (i) an agreement with a physician or (ii) a notification arrangement with a physician.  If the PA is in an agreement, then the collaborating physician’s name needs to be on the prescription.  If the PA is in a notification arrangement, then the collaborating physician’s name does NOT need to be on the prescription.  We have been advised that, after June, all PAs will be in the notification-type arrangement that will NOT require the collaborating physician’s name on the prescription.  However, we are working with the Board of Medicine to confirm this and other information and will provide updates as it becomes available.

Page Updated: 5/12/2022 9:23:16 AM