COMMITTEE SUBSTITUTE
FOR
H. B. 2994
(By Delegates Michael, Compton, Kelley, Laird, Perdue,
Hubbard and Border)
(Originating in the Committee on the Judiciary)
[March 5, 1999]
A BILL to amend and reenact section three, article nine, chapter
sixty-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the controlled
substances monitoring act; changing the program to a
targeted program; adding Schedule III and IV controlled
substances to the program for targeted monitoring; making
the program contingent on funding; and requiring annual
program reporting.
Be it enacted by the Legislature of West Virginia:
That section three, article nine, chapter sixty-a of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 9. CONTROLLED SUBSTANCES MONITORING.
§60A-9-3. Reporting system requirements; implementation; central
repository requirement.
(a) On or before the first day of May, one thousand nine
hundred ninety-six, the board of pharmacy shall implement a
program wherein a central repository is established and maintained which shall contain such that contains the
information as is required by the provisions of this article
regarding Schedule II controlled substances prescriptions written
or filled in this state. On or before the first day of July, one
thousand nine hundred ninety-nine, the board of pharmacy shall
implement procedures to change the program to a targeted program
and add specific Schedule III and Schedule IV controlled
substances prescriptions written or filled in this state. In
implementing this program, the board of pharmacy shall consult
with the division of public safety West Virginia state police,
the licensing boards of practitioners affected by this article
and affected 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 the
provisions of this article shall be required to be filed no more
frequently than once in a two-month period.
(c) The program authorized by subsection (a) of this section
shall also provide for the reimbursement, in whole or in part, of
the costs reasonably and necessarily incurred by pharmacists or
pharmacies in modifying software in conformance with the reporting requirements of this article: Provided, That the total
expenditures for reimbursements shall not exceed twenty-five
thousand dollars. The board of pharmacy is hereby authorized to
promulgate an emergency legislative rule to effectuate the
reimbursement provisions of this section in accordance with the
provisions of chapter twenty-nine-a of this code. The board of
pharmacy shall provide for the electronic transmission of the
information required to be provided by this article by and
through the use of a toll-free telephone line.
(d) Continued operation of the controlled substances
monitoring program is contingent upon available funding from
legislative appropriations, federal grants or fees as authorized
by legislative rule.
(e) The board of pharmacy and the West Virginia state police
shall file a report with the Legislature on or before the first
day of January, two thousand, and annually thereafter, which is
to include information on the effectiveness of the program; the
number of substances monitored; the cost of monitoring by
classification; the total number of actions taken as a result of
information received through the program, including, but not
limited to, disciplinary actions, prosecutions and convictions;
and any recommendations for additional modifications to this
program.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.