Senate Bill No. 514
(By Senators Jenkins, Stollings, Foster, Unger, Laird, Plymale,
Palumbo and Kessler)
____________
[Introduced February 9, 2010; referred to the Committee on Health
and Human Resources; and then to the Committee on the Judiciary.]
____________
A BILL to amend and reenact §60A-9-4 of the Code of West Virginia,
1931, as amended, relating to the Controlled Substances
Monitoring Act; and modifying and clarifying the controlled
substances that are subject to reporting when a prescription
is filled or when the controlled substance is dispensed by a
medical services provider.
Be it enacted by the Legislature of West Virginia:
That §60A-9-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 9. CONTROLLED SUBSTANCES MONITORING.
§60A-9-4. Required information.
(a) Whenever a medical services provider dispenses a
controlled substance listed in the provisions of section two hundred six Schedule II, III or IV, as established under the
provisions of article two of this chapter or whenever a
prescription for the controlled substance 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 Drug
Enforcement Administration controlled substance registration number
of the dispensing pharmacy;
(2) The name, address and birth date 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,
III and IV controlled substance dispensed;
(5) The quantity and dosage of the Schedule II, III and IV
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, III and IV substance if, in the determination of the board, the
administration of the requirements of this section would be
facilitated.
(c) Products regulated by the provisions of article ten of
this chapter shall be subject to reporting pursuant to the
provisions of this article to the extent set forth in said article.
(d) Reporting required by this section is not required for a
drug administered directly to a patient or a drug dispensed by a
practitioner at a facility licensed by the state: Provided, That
the quantity dispensed is limited to an amount adequate to treat
the patient for a maximum of seventy-two hours with no greater than
two seventy-two-hour cycles in any fifteen-day period of time.
________
(NOTE: The purpose of this bill is to correct the reference
in subsection (a) to the Code provisions identifying the controlled
substances subject to reporting in the monitoring database. The
current language in subsection (a) references only Schedule II of
the Uniform Controlled Substances Act, instead of Schedules II, III
and IV as specified in other sections of this article. The amended
language makes this reference consistent with the other provisions.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would
be added.)