This bill aims to amend the Code of West Virginia by removing the existing moratorium on the licensure of new opioid treatment facilities that do not possess a certificate of need. The current law, established during the 2016 regular session of the Legislature, prohibits the licensing of new opioid treatment programs until the Legislature determines a necessity for additional facilities. The proposed legislation sets an end date for this moratorium, specifically July 1, 2026.

The bill is informed by a recent federal court ruling in *Slaughter v. Edney*, which found that the longstanding moratorium violates the Fourteenth Amendment by creating an absolute ban on new market entrants without a rational basis related to legitimate governmental interests. The court also highlighted Equal Protection concerns, as the moratorium protects existing providers while excluding new applicants without sufficient justification. By establishing a definitive end date for the moratorium, the bill seeks to promote competition and improve access to opioid treatment services in West Virginia.

Statutes affected:
Introduced Version: 16B-13-12