HB4323 SUB 2-23
COMMITTEE SUBSTITUTE
FOR
H. B. 4323
(By Delegates Compton, Hutchins, Perdue,
Kelley, Calvert, Louisos and Mahan)
(Originating in the House Committee on Finance)
[February 23, 2000]
A BILL to amend and reenact sections three, four and five,
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 target program; adding Schedule III and IV
controlled substances to the program for targeted
monitoring; making the program contingent on funding;
requiring annual program reporting, and making technical
changes to corresponding section.
Be it enacted by the Legislature of West Virginia:
That sections three, four and five, 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 targeted controlled substances
prescriptions written or filled in this state. On or before the
first day of July, two thousand, the board of pharmacy shall
implement procedures to change the program to a targeted program
and add specific Schedule II, 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 one, 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.
§60A-9-4. Required information.
(a) Whenever a medical services provider dispenses a
controlled substance listed in the provisions of section two
hundred six, article two of this chapter, targeted by the board
of pharmacy or whenever a prescription for such controlled
substances is filled by (i) a pharmacist or pharmacy in this
state; (ii) a hospital, or other health care facility, for out-
patient use; or (iii) a pharmacy or pharmacist, licensed by the
board of pharmacy, but situated outside this state for delivery
to a person residing in this state, the medical services
provider, health care facility, pharmacist or pharmacy shall, in
a manner prescribed by rules promulgated by the board of pharmacy
under this article, report the following information, as
applicable:
(1) The name, address, pharmacy prescription number and DEA
controlled substance registration number of the dispensing
pharmacy;
(2) The name, and address and date of birth of the person
for whom the prescription is written;
(3) The name, address and drug enforcement administration
controlled substances registration number of the practitioner
writing the prescription;
(4) The name and national drug code number of the Schedule
II controlled substance dispensed;
(5) The quantity and dosage of the Schedule II targeted
controlled substance dispensed;
(6) The date the prescription was filled; and
(7) The number of refills, if any, authorized by the
prescription.
(b) The board of pharmacy may prescribe by rule
promulgated under this article the form to be used in prescribing
a Schedule II the targeted controlled substances if, in the
determination of the board, the administration of the
requirements of this section would be facilitated.
§60A-9-5. Confidentiality; limited access to records; period of
retention; no civil liability for required
reporting.
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 West Virginia
state police expressly authorized by the superintendent to have
access to the information, duly authorized agents of licensing
boards of practitioners authorized to prescribe Schedule II
targeted controlled substances and persons with an enforceable
court order or regulatory agency administrative subpoena. The
board shall maintain the information required by this article for a period of no less than five years. Notwithstanding any
provisions of this code, data obtained under the provisions of
this article may be used for compilation of educational,
scholarly or statistical purposes as long as the identities of
persons or entities remain confidential. No individual or entity
required to report under section four of this article shall be
subject to a claim for civil damages or other civil relief for
the reporting of information to the board of pharmacy as required
under and in accordance with the provisions of this article.