Senate Bill No. 353

(By Senators Ross, Love, Wagner and Oliverio)

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[Introduced February 9, 1996;

referred to the Committee on Health and Human Resources.]

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A BILL to repeal article five-h, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections two, three, six and nine, article five-c of said chapter; to amend and reenact section two, article five-e of said chapter; to amend and reenact section three, article five-l of said chapter; and to amend and reenact section sixteen-c, article five, chapter thirty of said code, all relating to removing all reference to residential board and care homes from the code.

Be it enacted by the Legislature of West Virginia:
That article five-h, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; that sections two, three, six and nine, article five-c of said chapter be amended and reenacted; that section two, article five-e of said chapter be amended and reenacted; that section three, article five-l of said chapter be amended and reenacted; and that section sixteen-c, article five, chapter thirty of said code be amended and reenacted, all to read as follows:
CHAPTER 16. PUBLIC HEALTH.

ARTICLE 5C. NURSING AND PERSONAL CARE HOMES.
§16-5C-2. Definitions.

As used in this article, unless a different meaning appears from the context:
(a) The term "director" means the secretary of the department of health and human resources or his or her designee;
(b) The term "facility" means any nursing home or personal care home or residential board and care home as defined in subdivisions (d) and (e) and (f) of this section: Provided, That the care or treatment in a household, whether for compensation or not, of any person related by blood or marriage, within the degree of consanguinity of second cousin to the head of the household, or his or her spouse, may not be deemed to constitute a nursing home or personal care home or residential board and care home within the meaning of this article. Nothing contained in this article applies to hospitals, as defined under section one, article five-b of this chapter; or state institutions, as defined under section three, article one, chapter twenty-five of this code or section six, article one, chapter twenty-seven of this code; or nursing homes operated by the federal government or the state government; or institutions operated for the treatment and care of alcoholic patients; or offices of physicians; or hotels, boarding homes or other similar places that furnish to their guests only room and board; or extended care facilities operated in conjunction with a hospital; or to homes or asylums operated by fraternal orders pursuant to article three, chapter thirty-five of this code;
(c) The term "limited and intermittent nursing care" means care which may only be provided when the need for such care meets these factors: (1) The resident requests to remain in the facility; (2) the resident is advised of the availability of other specialized health care facilities to treat his or her condition; and (3) the need for such care is the result of a medical pathology or a result of the normal aging process. Limited and intermittent nursing care shall only be provided by or under the direct supervision of a registered professional nurse and in accordance with rules promulgated by the board of health;
(d) The term "nursing home" means any institution, residence or place, or any part or unit thereof, however named, in this state which is advertised, offered, maintained or operated by the ownership or management, whether for a consideration or not, for the express or implied purpose of providing accommodations and care, for a period of more than twenty-four hours, for four or more persons who are ill or otherwise incapacitated and in need of extensive, on-going nursing care due to physical or mental impairment or which provides services for the rehabilitation of persons who are convalescing from illness or incapacitation;
(e) The term "personal care home" means any institution, residence or place, or any part or unit thereof, however named, in this state which is advertised, offered, maintained or operated by the ownership or management, whether for a consideration or not, for the express or implied purpose of providing accommodations and personal assistance and supervision, for a period of more than twenty-four hours, to four or more persons more than ten persons where the majority of these persons are medicaid eligible or SSI recipients, who are dependent upon the services of others by reason of physical or mental impairment who may require limited and intermittent nursing care, including those individuals who qualify for and are receiving services coordinated by a licensed hospice: Provided, That services utilizing equipment which requires auxiliary electrical power in the event of a power failure may not be used unless the personal care home has a backup power generator. Any such institution, residence or place which provides the accommodations and personal assistance and supervision for less than eleven persons shall register as provided in article five-e, chapter sixteen of this code.
(f) The term "residential board and care home" means any residence or place, or any part or unit thereof, however named, in this state which is advertised, offered, maintained or operated by the ownership or management, whether for consideration or not, for the express or implied purpose of providing accommodations and personal assistance and supervision, for a period of more than twenty-four hours, to four to ten persons who are not related to the owner or manager by blood or marriage within the degree of consanguinity of second cousin and are dependent upon the services of others by reason of physical or mental impairment or who may require limited and intermittent nursing care but are capable of self-preservation and are not bedfast, including those individuals who qualify for and are receiving services coordinated by a licensed hospice: Provided, That services utilizing equipment which requires auxiliary electrical power in the event of a power failure may not be used unless the residential board and care home has a backup power generator;
(g) (f) The term "nursing care" means those procedures commonly employed in providing for the physical, emotional and rehabilitational needs of the ill or otherwise incapacitated which require technical skills and knowledge beyond that which the untrained person possesses, including, but not limited to, such procedures as: Irrigations, catheterizations, special procedure contributing to rehabilitation and administration of medication by any method which involves a level of complexity and skill in administration not possessed by the untrained person;
(h) (g) The term "personal assistance" means personal services, including, but not limited to, the following: Help in walking, bathing, dressing, feeding or getting in or out of bed, or supervision required because of the age or mental impairment of the resident;
(i) (h) The term "patient" means an individual under care in a nursing home;
(j) (i) The term "resident" means an individual living in a personal care home; or a residential board and care home
(k) (j) The term "sponsor" means the person or agency legally responsible for the welfare and support of a patient or resident;
(l) (k) The term "person" means an individual and every form of organization, whether incorporated or unincorporated, including any partnership, corporation, trust, association or political subdivision of the state.
The director may define in regulations by rule any term used herein which is not expressly defined.
§16-5C-3. Powers, duties and rights of director.

In the administration of this article, the director shall have has the following powers, duties and rights:
(a) To enforce rules regulations and standards for nursing homes and personal care homes and residential board and care homes which are adopted, promulgated, amended or modified by the board of health;
(b) To exercise as sole authority all powers relating to the issuance, suspension and revocation of licenses of nursing homes and personal care homes; and residential board and care homes
(c) To enforce rules adopted, promulgated, amended or modified by the board of health governing the qualification of applicants for nursing home or personal care home or residential board and care home licenses, including, but not limited to, educational requirements, financial requirements, personal and ethical requirements;
(d) To receive and disburse federal funds and to take whatever action not contrary to law as may be proper and necessary to comply with the requirements and conditions for the receipt of such the federal funds;
(e) To receive and disburse for authorized purposes any moneys appropriated to the department of health and human resources by the Legislature;
(f) To receive and disburse for purposes authorized by this article, any funds that may come to the department of health and human resources by gift, grant, donation, bequest or devise, according to the terms thereof, as well as funds derived from the department of health and human resource's operation, or otherwise;
(g) To make contracts, and to execute all instruments necessary or convenient in carrying out the director's functions and duties; and all such contracts, agreements and instruments shall be executed by the director;
(h) To appoint officers, agents, employees and other personnel and fix their compensation;
(i) To offer and sponsor educational and training programs for nursing homes and personal care homes and residential board and care home administrative, management and operational personnel;
(j) To undertake survey, research and planning projects and programs relating to administration and operation of nursing homes and personal care homes, and residential board and care homes and to the health, care, treatment and service in general of patients and residents of such homes;
(k) To assess civil penalties for violations of facility standards, in accordance with section ten of this article;
(l) To classify nursing homes into care categories such as skilled nursing facilities, intermediate care facilities, and other comparable categories under the terms of this article if, in the opinion of the director, the best interest of the public is served by doing so;
(m) To inspect any facility and any records maintained therein, subject to the provisions of section ten of this article;
(n) To establish and implement procedures, including informal conferences, investigations and hearings, subject to applicable provisions of article three, chapter twenty-nine-a of this code, and to enforce compliance with the provisions of this article and with regulations issued hereunder, by the board of health;
(o) To subpoena witnesses and documents, administer oaths and affirmations, and to examine witnesses under oath for the conduct of any investigation or hearing. Upon failure of a person without lawful excuse to obey a subpoena to give testimony and upon reasonable notice to all persons affected thereby, the director may apply to the circuit court of the county in which the hearing is to be held or to the circuit court of Kanawha County for an order compelling compliance;
(p) To make complaint or cause proceedings to be instituted against any person or persons for the violation of the provisions of this article or of regulations issued hereunder, by the board of health. Such action may be taken by the director without the sanction of the prosecuting attorney of the county in which proceedings are instituted, if said the officer fails or refuses to discharge his or her duty. The circuit court of Kanawha County or the circuit court of the county in which the conduct has occurred shall have has jurisdiction in all civil enforcement actions brought under this article and may order equitable relief without bond. In no such case shall may the director or any person acting under the director's direction be required to give security for costs;
(q) To delegate authority to the director's employees and agents to perform all functions of the director except the making of final decisions in adjudications;
(r) To submit a report to the governor, the Legislature and the public, on or before the first day of December, one thousand nine hundred seventy-eight, and annually thereafter. The report shall describe the licensing and investigatory activities of the department during the year, and the nature and status of other activities of the department, and may include comment on the acts, policies, practices or procedures of any public or private agency that affect the rights, health or welfare of patients or residents of nursing homes and personal care homes. The annual report shall include a list of all nursing homes and personal care homes and residential board and care homes in the state, whether such homes are proprietary on nonproprietary, the classification of each such home; the name of the owner or owners; the total number of beds, the number of private and semi- private rooms, the costs per diem for private patients; the number of full-time employees and their professions; recreational programs; services and programs available as well as the costs thereof, the rating assigned to the home by the department pursuant to section five of this article, and whether or not those nursing homes listed accept medicare and medicaid patients. The report shall also contain the department's recommendations as to changes in law or policy which it deems necessary or appropriate for the protection of the rights, health or welfare of patients of nursing homes and personal care homes in the state; and
(s) The director shall determine which of those requirements listed in subsection (r) will apply to personal care homes. and residential board and care homes
§16-5C-6. License required; application; fees; duration; renewal.

Subject to the provisions of section seventeen of this article, no person may establish, operate, maintain, offer or advertise a nursing home or personal care home or residential board and care home within this state unless and until he or she obtains a valid license therefor as hereinafter provided, which license remains unsuspended, unrevoked and unexpired. No public official or employee may place any person in, or recommend that any person be placed in, or directly or indirectly cause any person to be placed in, any facility, as defined in section two of this article, which is being operated without a valid license from the director. The procedure for obtaining a license shall be as follows:
(a) The applicant shall submit an application to the director on a form to be prescribed by the director, containing such information as may be necessary to show that the applicant is in compliance with the standards for nursing homes or personal care homes or residential board and care homes as established by this article and the rules and regulations lawfully promulgated by the board of health hereunder. The application and any exhibits thereto shall provide the following information:
(1) The name and address of the applicant;
(2) The name, address and principal occupation: (i) (A) Of each person who, as a stockholder or otherwise, has a proprietary interest of ten percent or more in the applicant; (ii) (B) of each officer and director of a corporate applicant; (iii) (C) of each trustee and beneficiary of an applicant which is a trust; and (iv) (D) where a corporation has a proprietary interest of fifty percent or more in an applicant, the name, address and principal occupation of each officer and director of such the corporation;
(3) The name and address of the owner of the premises of the facility or proposed facility, if he or she is a different person from the applicant, and in such case, the name and address: (i) (A) Of each person who, as a stockholder or otherwise, has a proprietary interest of ten percent or more in such the owner; (ii) (B) of each officer and director of a corporate applicant; (iii) (C) of each trustee and beneficiary of such the owner if he or she is a trust; and (iv) (D) where a corporation has a proprietary interest of fifty percent or more in such the owner, the name and address of each officer and director of such the corporation;
(4) Where the applicant is the lessee or the assignee of the facility or the premises of the proposed facility, a signed copy of the lease and any assignment thereof;
(5) The name and address of the facility or the premises of the proposed facility;
(6) The type of institution to be operated;
(7) The proposed bed quota of the facility and the proposed bed quota of each unit thereof;
(8) (i) (A) An organizational plan for the facility indicating the number of persons employed or to be employed, the positions and duties of all employees; (ii) (B) the name and address of the individual who is to serve as administrator; and (iii) (C) such evidence of compliance with applicable laws and regulations governing zoning, buildings, safety, fire prevention and sanitation as the director may require;
(9) Such additional information as the director may require; and
(10) Assurances that the nursing home was reviewed and found to be needed under the provisions of article two-d of this chapter.
(b) Upon receipt and review of an application for license made pursuant to subdivision (a) of this section, and inspection of the applicant facility pursuant to section ten of this article, the director shall issue a license if he or she finds:
(1) That an individual applicant, and every partner, trustee, officer, director and controlling person of an applicant which is not an individual, be a person responsible and suitable to operate or to direct or participate in the operation of a facility by virtue of financial capacity, appropriate business or professional experience, a record of compliance with lawful orders of the department (if any) and lack of revocation of a license during the previous five years;
(2) That the facility be under the supervision of an administrator who is qualified by training and experience: Provided, That every facility classified as a nursing home shall have an administrator licensed pursuant to the provisions of article twenty-five, chapter thirty of this code; and
(3) That the facility is in substantial compliance with standards established pursuant to section five of this article, and such other requirements for a license as the board of health may establish by regulation rule under this article.
Any license granted by the director shall state the maximum bed capacity for which it is granted, the date the license was issued, the expiration date, and the rating assigned to the facility pursuant to section five of this article. Such The licenses shall be issued for a period not to exceed fifteen months for nursing homes and for a period of not to exceed one year for personal care homes: and residential board and care homes Provided, That any such license in effect for which timely application for renewal, together with payment of the proper fee has been made to the state department of health and human resources in conformance with the provisions of this article and the rules and regulations issued thereunder, and prior to the expiration date of such the license, shall continue in effect until: (a) (A) One year following the expiration date of such the license; or (b) (B) the date of the revocation or suspension of such the license pursuant to the provisions of this article; or (c) (C) the date of issuance of a new license, whichever date first occurs. Each license shall be issued only for the premises and persons named in the application and shall may not be transferable or assignable: Provided, however, That in the case of the transfer of ownership of a facility with an unexpired license, the application of the new owner for a license shall have the effect of a license for a period of three months when filed with the director. Every license shall be posted in a conspicuous place in the facility for which it is issued so as to be accessible to and in plain view of all patients and visitors of the facility.
(c) An original license shall be renewable, conditioned upon the licensee filing timely application for the extension of the term of the license accompanied by the fee, and contingent upon evidence of compliance with the provisions of this article and regulations rules promulgated by the board of health hereunder: Provided, That notwithstanding the requirements of other sections of this article, the director may deem as evidence of compliance with such provisions and regulations rules the certification of nursing home beds under the medicare or medicaid requirements of titles eighteen or nineteen of the Social Security Act, Title 42, United States Code, sections 1395 and 1396, et seq. Any such application for renewal of a license shall include a report by the licensee in such form and containing such information as shall be prescribed by the director, including the following:
(1) A balance sheet of the facility as of the end of its fiscal year, setting forth assets and liabilities at such that date, including all capital, surplus, reserve, depreciation and similar accounts;
(2) A statement of operations of the facility as of the end of its fiscal year, setting forth all revenues, expenses, taxes, extraordinary items and other credits or charges; and
(3) A statement of any changes in the name, address, management or ownership information on file with the director. All holders of facility licenses as of the effective date of this article shall include, in the first application for renewal filed thereafter, such information as is required for initial applicants under the provisions of subsection (a) of this section.
(d) In the case of an application for a renewal license, if all requirements of section five of this article are not met, the director may in his or her discretion issue a provisional license, provided that care given in the facility is adequate for patient needs and the facility has demonstrated improvement and evidences potential for substantial compliance within the term of said the license: Provided, That a provisional renewal may not be issued for a period greater than one year, shall may not be renewed, and that no such license shall may be issued to any facility with uncorrected violations of any Class I standard, as defined in subsection (c), section five of this article.
(e) A nonrefundable application fee in the amount of one hundred dollars for an original nursing home license or fifty dollars for an original personal care facility or residential board and care home license shall be paid at the time application is made for such the license. Direct costs of initial licensure inspections or inspections for changes in licensed bed capacity shall be borne by the applicant and shall be received by the director prior to the issuance of an initial or amended license. The license fee for renewal of a license shall be at the rate of eight dollars per bed per year for nursing homes, and four dollars per bed per year for personal care homes, and two dollars per bed per year for residential board and care homes except the annual rate per bed may be assessed for licenses issued for less than one year. The director may annually adjust the licensure fees for inflation based upon the consumer price index. The bed capacity for the holder of each license shall be determined by the director. All such license fees shall be due and payable to the director, annually, and in such manner set forth in the rules and regulations promulgated by the board of health. Such The fee and application shall be submitted to the director who shall retain both the application and fee pending final action on the application. All fees received by the director under the provisions of this article shall be deposited in accordance with section thirteen, article one of this chapter.
§16-5C-9. Inspections.

The director and any duly designated employee or agent thereof shall have the right to enter upon and into the premises of any facility for which a license has been issued, for which an application for license has been filed with the director, or which the director has reason to believe is being operated or maintained as a nursing home or personal care home or residential board and care home without a license. If such entry is refused by the owner or person in charge of any such facility, the director shall apply to the circuit court of the county in which the facility is located or the circuit court of Kanawha County for a warrant authorizing inspection, and such the court shall issue an appropriate warrant if it finds good cause for inspection.
The director, by the director's authorized employees or agents, shall conduct at least one inspection prior to issuance of a license pursuant to section six of this article, and shall conduct periodic unannounced inspections thereafter, to determine compliance by the facility with applicable statutes and regulations rules promulgated thereunder. All facilities shall comply with regulations of the state fire commission. The state fire marshal, by his or her employees or authorized agents, shall make all fire, safety and like inspections. The director may provide for such other inspections as the director may deem he or she deems necessary to carry out the intent and purpose of this article. If after investigating a complaint, the director determines that the complaint is substantiated and that an immediate and serious threat to a consumer's health or safety exists, the director may invoke any remedies available pursuant to section eleven of this article. Any facility aggrieved by a determination or assessment made pursuant to this section shall have the right to an administrative appeal as set forth in section twelve of this article.
ARTICLE 5E. REGISTRATION OF SERVICE PROVIDERS.
§16-5E-2. Definitions.

As used in this article, unless a different meaning appears from the context:
(a) The term "consumer" means an individual who is provided services, whether or not for a fee, by a service provider, but consumer does not include a person receiving services provided by another who is related to him or her or the spouse thereof by blood or marriage, within the degree of consanguinity of second cousin. Limited and intermittent nursing care may only be provided when the need for such care: (1) Arises from the consumer's desire to remain in the facility; (2) the consumer is advised of the availability of other specialized health care facilities to treat his or her condition; and (3) the need for such care is the result of a medical pathology or a result of the normal aging process. Limited and intermittent nursing care shall may only be provided by or under the direct supervision of a registered professional nurse and in accordance with rules promulgated by the secretary of the department of health and human resources. If limited and intermittent nursing care is provided in an unlicensed health care facility, the facility shall: (1) Provide consumers, at the time of admission, with the name, address and telephone number of the offices of health facility licensure and certification, the state long-term care ombudsman, and adult protective services, all within the department of health and human resources; and (2) advise consumers both orally and in writing of their right to file a complaint with the aforementioned entities;
(b) The term "director" means the secretary of the department of health and human resources or his or her designee;
(c) The term "nursing care" means those procedures commonly employed in providing for the physical, emotional and rehabilitational needs of the ill or otherwise incapacitated which require technical skills and knowledge beyond that which the untrained person possesses, including, but not limited to, such procedures as: Irrigations; catheterization; special procedures contributing to rehabilitation; and administration of medication by any method prescribed by a physician which involves a level of complexity and skill in administration not possessed by the untrained person;
(d) The term "personal assistance" means personal services, including, but not limited to, the following: Help in walking, bathing, dressing, feeding or getting in or out of bed, or supervision required because of the age or physical or mental impairment of the resident;
(e) The term "service provider" means the individual administratively responsible for providing to consumers for a period of more than twenty-four hours, whether for compensation or not, services of personal assistance for one to three eleven consumers and who may require limited and intermittent nursing care, including those individuals who qualify for and are receiving services coordinated by a licensed hospice: Provided, That services utilizing equipment which requires auxiliary electrical power in the event of a power failure shall may not be used unless the health care facility has a backup power generator. Any health care facility in which a service provider cares for consumers who are not capable of self-preservation, as determined by a licensed physician, shall have an operational 13- D sprinkler system.

ARTICLE 5L. LONG-TERM CARE OMBUDSMAN PROGRAM.

L
§16-5L-3. Definitions.

As used in this article, unless a different meaning appears from the context:
(a) "Government agency" means any department, division, office, bureau, board, commission, council, authority, or any other agency or instrumentality created by the state or political subdivision thereof or to which the state is a party or by any county or municipality which is responsible for the regulation, visitation, inspection, or supervision of long-term care facilities or which provides services to residents or long-term care facilities;
(b) "Long-term care facility" means any nursing home or personal care home or residential board and care home as defined in section two, article five-c of this chapter; nursing homes operated by the federal government or the state government; extended care facilities operated in connection with hospitals; and any similar institution, residence or place, or any part or unit thereof, however named, in this state which is advertised, offered, maintained or operated by the ownership or management for consideration, for the express and implied purpose of providing accommodations and care or personal assistance to one or more persons who are ill or otherwise incapacitated or are dependent upon the services of others by reasons of physical or mental impairment and who are not related within the degree of consanguinity of second cousin to the owner or manager of the institution, residence or place;
(c) "Long-term care ombudsman volunteer" or "ombudsman volunteer" means any uncompensated individual who performs the duties enumerated under section eight of this article: Provided, That the individual has received appropriate certification as set forth in section nine of this article;
(d) "Personal assistance" means personal services, including, but not limited to, the following: Help in walking, bathing, dressing, feeding or getting in or out of bed, or supervision required because of the age or mental impairment of the resident;
(e) "Regional long-term care ombudsman" means any paid staff of a designated regional long-term care ombudsman program who has obtained appropriate certification from the state commission on aging and meets the qualifications set forth in section seven of this article;
(f) "Resident" means an individual living in a nursing home, personal care home, a residential board and care home, or any long-term care facility as defined in subsection (b) of this section, or who has lived in such a setting, or who has made application to live in such a setting: Provided, That nothing in this article shall may be construed to give a long-term care ombudsman the right to obtain the waiting list of a long-term care facility;
(g) "State long-term care ombudsman" means an individual who meets the qualifications of section five of this article and who is employed by the state commission on aging to implement the state long-term care ombudsman program as set forth in this article; and
(h) "Guardian" means a person lawfully invested with the power and charged with the duty of taking care of another person and managing the property and rights of another person who for some peculiarity of status or defect of age, understanding or self control is considered incapable of administering his or her own affairs, to include committees or other references under the code.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.

ARTICLE 5. PHARMACISTS, ASSISTANT PHARMACISTS.
§30-5-16c. Partial filling of prescriptions for long-term care
facility or terminally ill patients; requirements; records; violations.
(a) As used in this section, "long-term care facility" or "LTCF" means any nursing home or personal care home or residential board and care home as defined in section two, article five-c, chapter sixteen of this code which provides extended health care to resident patients: Provided, That the care or treatment in a household, whether for compensation or not, of any person related by blood or marriage, within the degree of consanguinity of second cousin to the head of the household, or his or her spouse, may not be deemed to constitute a nursing home or personal care home or residential board and care home within the meaning of this article. This section shall does not apply to:
(1) Hospitals, as defined under section one, article five-b, chapter sixteen of this article or to extended care facilities operated in conjunction with a hospital;
(2) State institutions as defined in section six, article one, chapter twenty-seven or in section three, article one, chapter twenty-five, all of this code;
(3) Nursing homes operated by the federal government;
(4) Facilities owned or operated by the state government;
(5) Institutions operated for the treatment and care of alcoholic patients;
(6) Offices of physicians; or
(7) Hotels, boarding homes or other similar places that furnish to their guests only a room and board.
(b) As used in this section, "terminally ill" means that an individual has a medical prognosis that his or her life expectancy is six months or less.
(c) Schedule II prescriptions for patients in a LTCF and for terminally ill patients shall be valid for a period of sixty days from the date of issue unless terminated within a shorter period by the discontinuance of the medication.
(d) A prescription for a Schedule II controlled substance written for a patient in a LTCF or for a terminally ill patient may be filled in partial quantities, including, but not limited to, individual dosage units. The total quantity of Schedule II controlled substances dispensed in all partial filling shall may not exceed the total quantity prescribed.
(1) If there is any question whether a patient may be classified as having a terminal illness, the pharmacist shall contact the prescribing practitioner prior to partially filling the prescription.
(2) Both the pharmacist and the prescribing practitioner have a corresponding responsibility to assure that the controlled substance is for a terminally ill patient.
(e) The pharmacist shall record on the prescription that the patient is "terminally ill" or a "LTCF patient". A prescription that is partially filled and does not contain the notation "terminally ill" or "LTCF patient" shall be deemed to have been filled in violation of section three hundred eight, article three, chapter sixty-a of this code.
(f) For each partial filling, the dispensing pharmacist shall record on the back of the prescription, or on another appropriate record which is readily retrievable, the following information:
(1) The date of the partial filling;
(2) The quantity dispensed;
(3) The remaining quantity authorized to be dispensed; and
(4) The identification of the dispensing pharmacist.
(g) Information pertaining to current Schedule II prescriptions for terminally ill and LTCF patients may be maintained in a computerized system if such a system has the capability to permit either by display or printout, for each patient and each medication, all of the information required by this section as well as the patient's name and address, the name of each medication, original prescription number, date of issue, and prescribing practitioner information. The system shall also allow immediate updating of the prescription record each time a partial filling of the prescription is performed and immediate retrieval of all information required under this section.




NOTE: The purpose of this bill is to repeal article five-h, chapter sixteen of the code, and to further eliminate all references to residential board and care homes.

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