H. B. 2973



(By Delegates Border and Perdue)



[Introduced March 22, 2001; referred to the



Committee on Health and Human Resources then Government
Organization.]
A BILL to amend article five, chapter thirty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section sixteen-a,
relating to limiting the filling of a single prescription to
a period of twelve months, except under certain circumstances.
Be it enacted by the Legislature of West Virginia:

That article five, chapter thirty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
sixteen-a, to read as follows:
ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS
AND PHARMACIES.
§30-5-16a. Filling of prescriptions; dispensing after twelve months.

No prescription order may be dispensed after twelve months
from the date of issuance by the practitioner: Provided, That a
pharmacist may fill the prescription after twelve months if the
prescriber confirms to the pharmacist that he or she still wants
the prescription filled and the pharmacist documents upon the
prescription that the confirmation was obtained.

NOTE: The purpose of this bill is to limit the filling of a
prescription after twelve months following the order, except where
the practitioner confirms that he or she wants the prescription to
continue to be filled.

This section is new; therefore, strike-throughs and
underscoring have been omitted.