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Introduced Version House Bill 3247 History

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

H. B. 3247


(By Delegates Eldridge, Butcher, C. Miller,

Barker, Hall, Rodighiero and Reynolds)

[Introduced January 13, 2010; referred to the

Committee on Health and Human Resources then Government Organization.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-3-19, relating to requiring any person licensed to prescribe drugs within West Virginia pursuant to chapter thirty of this code, to check with the State Board of Pharmacy before initially prescribing certain drugs to a new patient to determine if said patient is engaging in doctor shopping.

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 §30-3-19, to read as follows:

ARTICLE 3. MEDICAL PRACTICES ACT.

§30-3-19. Issuance of certain prescriptions for new patients.

(a) Notwithstanding any other provision of this code, any
person licensed to prescribe drugs within West Virginia pursuant to this chapter, shall check with the West Virginia Board of Pharmacy regarding any current or past prescriptions or requests for prescriptions of drugs before initially prescribing any drugs included in Category II, III or IV of the Uniform Controlled Substances Act to any new patient of said physician.

(b) A new patient shall include a person the physician has initially examined and came to a diagnosis generally accepted in the medical community that may warrant the physician to prescribe said drugs to the person.

(c) The Board of Medicine, the Board of Pharmacy and the Board of Osteopathy shall jointly agree and propose rules for legislative approval to implement this section of the code in accordance with article three, chapter twenty-nine-a of this code.




NOTE: This bill shall require any person licensed to prescribe drugs within West Virginia pursuant to chapter thirty of this code, to check with the State Board of Pharmacy before initially prescribing certain drugs to a new patient to determine if said patient is engaging in doctor shopping.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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