ENGROSSED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 347

(By Senators Wiedebusch, Minard and Bailey)

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[Originating in the Committee on the Judiciary;

reported February 25, 1994.]

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A BILL to amend chapter sixty-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article nine, relating to controlled substances monitoring and centralized reporting to board of pharmacy; establishment of program; purpose; reporting system requirement; implementation; requirement for electronic reporting if feasible; information required; confidentiality; access to records; period of retention; legislative rules; and criminal penalties.

Be it enacted by the Legislature of West Virginia:
That chapter sixty-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article nine, to read as follows:
ARTICLE 9. CONTROLLED SUBSTANCES MONITORING.

§60A-9-1. Short title.

This article shall be referred to as the controlled substances monitoring act.
§60A-9-2. Establishment of program; purpose.

There is hereby established a controlled substances monitoring act the purpose of which is to require the recordation and retention in a single repository of information regarding the prescribing, dispensing and consumption of certain controlled substances.
§60A-9-3. Reporting system requirements; implementation; central repository requirement.

(a) On or before the first day of January, one thousand nine hundred ninety-five, the board of pharmacy shall implement a program wherein a central repository is established and maintained which shall contain such information as is required by the provisions of this article regarding Schedule II and III controlled substances prescription written or filled in this state. In implementing this program, the board of pharmacy shall consult with the division of public safety, the licensing boards of practitioners affected by this article and effected practitioners
(b) The program authorized by subsection (a) of this section shall be designed to minimize inconvenience to patients, prescribing practitioners and pharmacists while effectuating the collection and storage of the required information. The board of pharmacy shall allow reporting of the required information by electronic data transfer where feasible, and where such is infeasible, on reporting forms promulgated by the board of pharmacy. The information required to be submitted by theprovisions of this article shall be required to be filed more frequently than on a bimonthly basis.
§60A-9-4. Required information.

Whenever a prescription is filled by a pharmacist or pharmacy in this state for a controlled substance listed in the provisions of section two hundred six or two hundred eight, article two of this chapter, the pharmacist or pharmacy shall, in a manner prescribed by the board of pharmacy, report to the board of pharmacy the following information:
(1) The name of the dispensing pharmacy and pharmacist;
(2) The name of the person for whom the prescription is written;
(3) The name of the practitioner writing the prescription;
(4) The name of the Schedule II or Schedule III controlled substance prescribed;
(5) The quantity and dosage of the Schedule II or Schedule III controlled substance prescribed;
(6) The date the prescription was filled; and
(7) The number of refills, if any, authorized by the prescription.
§60A-9-5. Confidentiality; limited access to records; period of retention.

The information required by this article to be kept by the board of pharmacy shall be confidential and shall be open to inspection only by inspectors and agents of the board of pharmacy, members of the division of public safety expressly authorized by the superintendent to have access to the information, duly authorized agents of licensing boards ofpractitioners authorized to prescribe Schedule II or Schedule III controlled substances and persons with an enforceable court order. The board shall maintain the information required by this article for a period of no less than five years.
§60A-9-6. Promulgation of rules.

The board of pharmacy shall promulgate rules to effectuate the purposes of this article in accordance with the provisions of chapter twenty-nine-a of this code.
§60A-9-7. Criminal penalties.

(a) Any person who is required to submit information to the board of pharmacy pursuant to the provisions of this article who fails to do so as directed by the board shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than five hundred dollars.
(b) Any person who is required to submit information to the board of pharmacy pursuant to the provisions of this article who knowingly and willfully refuses to submit to the information required by this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be confined in a county or regional jail not more than six months or fined not more than one thousand dollars, or both.
(c) Any person who is required by the provisions of this article to submit information to the board of pharmacy who knowingly submits thereto information known to that person to be false or fraudulent shall be guilty of a misdemeanor and, upon conviction thereof, shall be confined in a county or regional jail not more than one year or fined not more than five thousand dollars, or both.
(d) Any person granted access to the information required by the provisions of this article to be maintained by the board of pharmacy, who shall willfully disclose the information required to be maintained by this article in a manner inconsistent with a legitimate law-enforcement purpose, a legitimate professional regulatory purpose or the terms of a court order shall be guilty of a misdemeanor and, upon conviction thereof, shall be confined in a county or regional jail for not more than six months or fined not more than one thousand dollars, or both.