H. B. 2237
(By Delegate Staggers)
[Introduced February 13, 2013; referred to the
Committee on Health and Human Resources then the
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §16-5X-1, §16-5X-2
and §16-5X-3, all relating to a requirement that physicians
and other licensed prescribers offer the drug Naloxone to
their patients who are prescribed opiates for chronic pain or
patients who are engaged in methadone or suboxone treatment
programs in order that the medication be readily available in
the event of an accidental overdose and, therefore,
lifesaving; education of patient and family or caregivers.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §16-5X-1, §16-5X-2 and
§16-5X-3, all to read as follows:
ARTICLE 5X. OFFER OF EMERGENCY AID MEDICATION TO PATIENTS
§16-5X-1. Short title.
_____This article shall be known and may be cited as the "Offer of
Emergency Aid Medication to Patients Prescribed Opiates".
§16-5X-2. Purpose and objectives.
_____(a) The purpose of this article is to prevent deaths in
circumstances involving patients who have accidently overdosed on
prescribed opioid medications.
_____(b) By offering the drug Naloxone to patients who are
prescribed opiates, the medication can be made available to
patients and their families and caregivers, who are often
circumstantially best equipped to serve as first responders, in the
event of an accidental overdose.
_____(c) Prescribers are required to offer a prescription for
Naloxone, a drug that reverses the effects of opiate overdose, to
patients who are prescribed opiates for chronic pain or as part of
a methadone or suboxone treatment program.
_____(d) Prescribers are required to make available or provide
patients and their families or caregivers with the necessary
education and information regarding the proper use of Naloxone.
§16-5X-3. Prescriber responsibility.
_____(a) All individuals currently licensed and authorized by this
state to prescribe prescription drugs in the course of their
professional practice shall offer to patients, to whom they also
prescribe opiates for chronic pain or which patients are engaged in methadone or suboxone treatment programs, a prescription for the
_____(b) All individuals required to offer the prescription drug
Naloxone to their patients under this section shall make
information and education available to patients and their family
members or caregivers on the beneficial and proper use of Naloxone.
When a prescription is written to the patient for Naloxone, the
education component of this subsection, offered both to the patient
and his or her family or caregiver, is required as a condition of
obtaining the prescription.
NOTE: The purpose of this bill is to prevent deaths caused by
accidental opiate overdose by requiring prescribers to offer a
prescription of the medication Naloxone to patients for whom
opioids are prescribed and by requiring that information and
education on Naloxone's beneficial and proper use be made available
or be provided to patients, family members and caregivers.
This article is new; therefore, it has been completely