H. B. 4212
(By Delegates Perdue, Fleischauer, Eldridge,
Guthrie, Kinsey, Marshall, Moore, Anderson,
Azinger, Border and Ellem)
[Introduced January 17, 2014; 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 article, designated §15-12A-1 and §15-12A-2; and to amend said code by adding thereto a new section, designated §60A-10-5a, all relating to establishing a methamphetamine registry; requiring that certain persons be added to registry; requiring certain drug products be obtained by prescription only; preventing certain registered persons from obtaining drug products.
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 article, designated §15-12A-1 and §15-12A-2; and that said code be amended by adding thereto a new section, designated §60A-10-5a, all to read as follows:
CHAPTER 15. PUBLIC SAFETY.
ARTICLE 12A. REGISTRY OF CONVICTIONS FOR OPERATING A CLANDESTINE
§15-12A-1. Registry of convictions for operating a clandestine drug laboratory and methamphetamine offenses; required information; procedures.
(a) There is created within the Criminal Identification Bureau of the West Virginia State Police a methamphetamine registry of persons convicted of a violation of either of the following provisions of this code:
(1) Section four hundred eleven, article four, chapter sixty-a; and
(2) Section four, article ten, chapter sixty-a of this code.
(b) The registry shall consist of the person’s name, date of birth, offense or offenses requiring the person’s inclusion on the registry, the conviction date and county of those offenses, and any other available information the bureau deems important. Under no circumstance may the registry make available to the public the person's social security number, driver’s license number, or any other state or federal identification number.
§15-12A-2. Reports of certain convictions by prosecuting attorneys; providing website information; superintendent to propose rules.
(a) A prosecuting attorney, upon conviction of a person for violating the provisions of section four hundred eleven, article four, chapter sixty-a of this code or section four, article ten, chapter sixty-a of this code, shall report the conviction to the registry, provided in a form furnished by the bureau for registry purposes. Reporting procedures shall be developed by the bureau in conjunction with the West Virginia Prosecuting Attorneys Institute and the Administrator of the Supreme Court of Appeals.
(b) Information relating to convictions prior to the effective date of this section shall, to the extent feasible and practicable, be placed on the registry.
(c) The registry shall be accessible through a website maintained under the direction of the State Police.
(d) The Superintendent of the State Police shall propose legislative rules in accordance with the provisions of article three, chapter twenty-nine-a of this code designed to implement the provisions of this article.
CHAPTER 60A. UNIFORM CONTROLLED SUBSTANCES ACT.
ARTICLE 10. METHAMPHETAMINE LABORATORY ERADICATION ACT.
§60A-10-5a. Restrictions on the sale to individuals on the methamphetamine registry.
(a) Before completing a sale of a product containing ephedrine, pseudoephedrine or phenylpropanolamine, an owner or employee of a pharmacy or retail establishment shall use the driver’s license or nondriver identification card of the person attempting to purchase the product to electronically submit information on the person to the methamphetamine registry established under section one, article twelve-a, chapter fifteen of this code.
(b) If the person attempting to purchase a product containing ephedrine, pseudoephedrine or phenylpropanolamine is on the methamphetamine registry, the owner or employee processing the transaction shall not sell to that person.
(c) If a pharmacy or retail establishment selling a nonprescription product containing ephedrine, pseudoephedrine or phenylpropanolamine experiences mechanical or electronic failure and is unable to comply with this requirement, the pharmacy or retail establishment shall follow the same procedure it uses if the MSRTTS would fail.
NOTE: The purpose of this bill is to create a methamphetamine registry, and to restrict the sale of products containing ephedrine, pseudoephedrine and phenylpropanolamine to individuals on the registry.
These sections are new; therefore, they has been completely underscored.