Senate Bill No. 365

(By Senators Jenkins, Stollings, Tomblin (Mr. President), Edgell, Foster, Plymale and Prezioso)

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[Introduced January 27, 2010; referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.]

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A BILL to amend and reenact §60A-9-3 of the Code of West Virginia, 1931, as amended, relating to requiring all retail pharmacies to provide their personnel online access to the West Virginia Controlled Substance Monitoring Program.

Be it enacted by the Legislature of West Virginia:
That §60A-9-3 of the Code of West Virginia, 1931, 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 September 1, 2002, 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, III and IV controlled substance prescriptions written or filled in this state. In implementing this program, the board of pharmacy shall consult with the 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 State Board of Pharmacy shall allow reporting of the required information by electronic data transfer. where feasible, and where not feasible, 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 a week.
(c) (1) The State 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.
(2) A dispenser, who does not have an automated recordkeeping system capable of producing an electronic report in the established format may request a waiver from electronic reporting. The request for a waiver shall be made to the state Board of Pharmacy in writing and shall be granted if the dispenser agrees in writing to report the data by submitting a completed "Pharmacy Universal Claim Form" as defined by legislative rule.
(d) All retail pharmacies shall provide appropriate pharmacy personnel on-line access to the West Virginia Controlled Substances Monitoring database.



NOTE: The purpose of this bill is to require all retail pharmacies to provide its personnel on-line access to the West Virginia Controlled Substance Monitoring Program.

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