West Virginia Healthcare Compliance Requirements
State-specific breach notification rules, medical records retention periods, PDMP requirements, and mandatory reporting obligations for medical practices operating in West Virginia.
Breach Notification Rules
Notification deadline
Most expedient time possible
Notification must be made without unreasonable delay.
AG notification threshold
Not explicitly required
Harm analysis required
Penalty range
Enforceable by AG under Consumer Credit and Protection Act
Medical Records Retention
| Record type | Retention period | Measured from |
|---|---|---|
| General medical | 10 years | Discharge |
PDMP Requirements — WV CSMP
Check required
All controlled substances
Check frequency
Every prescription
Delegation allowed
Penalty range
Licensing board discipline; civil penalties up to $10,000; possible felony charges for willful noncompliance
Exemptions
Hospice patients, cancer treatment, ≤3 day supply in ER, inpatient hospital or nursing facility administration
Mandatory Reporting Obligations
Mandated reporters
Physicians, nurses, dentists, psychologists, social workers, and all healthcare professionals
Report to
Department of Health and Human Resources, Bureau for Children and Families
Timeline
Immediately / as soon as possible
Penalty for failure
Misdemeanor, up to $10,000 fine and/or 6 months jail
Immunity provision
Good faith reporters immune from civil and criminal liability under WV Code 49-2-812
Mandated reporters
Physicians, nurses, and all healthcare professionals
Report to
Adult Protective Services, Department of Health and Human Resources
Timeline
Immediately / as soon as possible
Penalty for failure
Misdemeanor, up to $100 fine
Immunity provision
Good faith reporters immune from civil and criminal liability
Mandated reporters
Healthcare providers treating injuries from suspected domestic violence
Report to
Local law enforcement
Timeline
Immediately / as soon as possible
Immunity provision
Good faith reporters immune from civil liability
Mandated reporters
Physicians, laboratories, and healthcare facility administrators
Report to
West Virginia Bureau for Public Health, Division of Infectious Disease Epidemiology
Timeline
Within 24 hours
Penalty for failure
Misdemeanor, up to $500 fine
Immunity provision
Good faith reporters immune from civil liability
Mandated reporters
All healthcare providers treating gunshot wounds or injuries from criminal violence
Report to
Local law enforcement or West Virginia State Police
Timeline
Immediately / as soon as possible
Penalty for failure
Misdemeanor
Immunity provision
Good faith reporters immune from civil and criminal liability
Stay compliant in West Virginia
GuardWell tracks West Virginia-specific breach deadlines, PDMP requirements, retention periods, and mandatory reporting obligations automatically.