Senate Bill No. 363
(By Senators Jenkins, Stollings, Tomblin (Mr. President),
Barnes, Edgell, Foster, Plymale, Prezioso and Palumbo)
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[Introduced January 27, 2010; referred to the Committee on Health
and Human Resources; and then to the Committee on Government
Organization.]
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A BILL to amend and reenact §60A-9-4 of the Code of West Virginia,
1931, as amended, relating to requiring a methadone treatment
center to provide certain information to the Board of Pharmacy
when a controlled substance is permitted to be taken away from
that facility by one of its patients.
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, 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;
or (iv) a
methadone treatment facility for a patient who is permitted to take
a controlled substance away from that facility, the medical
services provider, health care facility, pharmacist,
or pharmacy
or
methadone treatment facility 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 72-hour cycles in any fifteen-day period of time.
NOTE: The purpose of this bill is to require methadone
treatment centers to provide certain information in accordance with
the West Virginia Controlled Substances Monitoring Act to the Board
of Pharmacy when a controlled substance is permitted to be taken
away from a treatment facility by a patient of that facility.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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