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Senate Bill No. 285


(By Senators Stollings, Foster, Hall, Jenkins, Laird, Palumbo, Prezioso, Tucker, Wills and Yost)



[Originating in the Committee on Health and Human Resources; reported January 26, 2011.]



A BILL to amend and reenact §16-5W-5 of the Code of West Virginia, 1931, as amended, relating to extending the time frame in which West Virginia practitioners must write prescriptions on official West Virginia tamper-resistant prescription paper.

Be it enacted by the Legislature of West Virginia:

    That §16-5W-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:


§16-5W-5. Legislative rules.

    The board shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to accomplish the requirements of this article.

    The legislative rules shall include, at a minimum:

    (1) That on July 1, 2011 January 1, 2012, every prescription written in West Virginia by a practitioner shall be written on official West Virginia tamper-resistant prescription paper.

    (2) Contracting requirements for contracting with a program vendor or vendors including auditing requirements for printing facilities and standard prescription pad formatting requirements.

    (3) Standard format for prescription paper and the development of identifying markers on prescription paper. These markers shall be on the front and back of the prescription paper to be used by practitioners throughout the state.

    (4) A means of reporting unauthorized use, theft or destruction of authorized state prescription paper.

    (5) Fees for the distribution of standard format prescription paper to practitioners and facilities.



    (NOTE: Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates mew language that would be added.)

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