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Introduced Version House Bill 2104 History

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Key: Green = existing Code. Red = new code to be enacted

H. B. 2104

 

     (By Delegates Iaquinta, Barker, Fragale and Azinger)

         [Introduced January 12, 2011; referred to the

Committee on Health and Human Resources then the Judiciary.]

 

 

 

 

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16C-9a, relating to providing unused, unexpired nonnarcotic drugs to free health care clinics in the state from deceased nursing home patients or residents with the consent of the family of the decedent.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §5-16C-9a, to read as follows:

ARTICLE 16C. PRESCRIPTION DRUG COST MANAGEMENT ACT.

§5-16C-9a. Unused, unexpired nonnarcotic drugs donated to free health care clinics from nursing homes; permission of decedent’s family required.

    The director shall institute a program whereby unused, unexpired nonnarcotic drugs, previously owned by nursing home patients or residents who subsequently have died, may be donated to free health care clinics throughout the state: Provided, That the family of the deceased nursing home patient or resident gives consent for the donation of these drugs. The director shall dispense these donated drugs in an equitable manner as is practicable throughout the free health care clinics in the state, unless the director has established that there is a specific need at a particular clinic, or a clinic makes a specific request for a particular drug.




    NOTE: The purpose of this bill is to provide a mechanism whereby unused, unexpired nonnarcotic drugs previously owned by a deceased nursing home patient or resident may be donated to free health care clinics in the state, provided that the family of the deceased patient or resident has given consent for the donation.


    This section is new; therefore, it has been completely underscored.

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