COMMITTEE SUBSTITUTE
FOR
SENATE CONCURRENT RESOLUTION NO. 73
(By Senators Prezioso, Oliverio, Stollings, Foster,
Jenkins and Unger)
[Originating in the Committee on Health and Human Resources]
Requesting the Legislative Oversight Commission on Health and Human
Resources Accountability study the crisis of substance abuse,
dependence, diversion and the appropriate medical treatment of
pain.
Whereas, Substance abuse, dependence and diversion have
created a crisis in West Virginia; and
Whereas, The appropriate diagnosis, treatment and management
of pain for patients by medical providers are of profound
importance; and
Whereas, A 2003 Drug Threat Assessment for the state conducted
by the U. S. Department of Justice's National Drug Intelligence
Center found that "the production, distribution and abuse of
illicit drugs and the diversion and abuse of pharmaceuticals pose
serious threats to West Virginia"; and
Whereas, Seventy-five percent of patients in this state with
chronic conditions, such as cancer and kidney disease, experience
an under-treatment of pain; and
Whereas, West Virginia leads the nation with the highest death rate for adults under 45 years of age resulting from the overdose
of drugs; and
Whereas, Many controlled substances have useful, legitimate
and scientific purposes and are necessary for appropriate pain
management; and
Whereas, The manufacture, distribution, delivery, possession
and abuse of controlled substances, other than for legitimate
medical purposes, have a substantial detrimental impact on our
state population; and
Whereas, In order to protect the health and welfare of state
residents there is a need for a comprehensive, coordinated approach
to prevent substance abuse, dependence and diversion while also
providing for appropriate patient pain medical management;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislative Oversight Commission on Health and Human
Resources Accountability is hereby requested to study the crisis of
substance abuse, dependence and diversion and appropriate medical
treatment of pain; and, be it
Further Resolved, In order to implement an aggressive action
plan for a drug-free state, the commission may consider updating
the codified definition of "intractable pain" and the impact of the
Governor's Plan for a Drug-Free West Virginia; and, be it
Further Resolved, That the commission may suggest a
comprehensive, coordinated methodology to prevent drug abuse, dependence and diversion in order to protect the health and public
welfare of the citizens of this state, including the use of
community based education, treatment and rehabilitation programs,
school based prevention efforts and drug courts; and, be it
Further Resolved, In order to determine the most appropriate
methods for achieving pain management control for patients with a
legitimate medical reason for their pain, the commission may
suggest solutions for under-treatment of pain for 75 percent of
patients with chronic conditions such as cancer and kidney disease;
and, be it
Further Resolved, That the Legislative Oversight Commission on
Health and Human Resources Accountability report to the regular
session of the Legislature, 2009, on its findings, conclusions and
recommendations, together with drafts of any legislation necessary
to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft legislation be paid from
legislative appropriations to the Joint Committee on Government and
Finance.
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